This Non Disclosure Agreement Data Protection template is designed for use in Indonesia where parties need to share both confidential business information and personal data in their business relationships. The document is particularly relevant following the implementation of Indonesia's Personal Data Protection Law (UU PDP) No. 27 of 2022, which introduced comprehensive data protection requirements similar to GDPR. The agreement should be used when one party needs to share sensitive information with another party, and that information includes personal data subject to UU PDP. It includes provisions for data processing obligations, security measures, cross-border data transfers, and breach notification requirements, while also maintaining traditional NDA protections for confidential business information. The document is essential for compliance with Indonesian data protection regulations while ensuring business confidentiality.
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1. Parties: Identification of the disclosing and receiving parties, including their legal status and registered addresses
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and/or personal data
3. Definitions: Key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Controller', 'Data Processor', and other relevant terms under Indonesian law
4. Scope of Confidential Information: Definition and categories of confidential information covered by the agreement
5. Data Protection Obligations: Specific obligations under UU PDP including lawful basis for processing, data security measures, and data subject rights
6. Use of Information: Permitted purposes and restrictions on use of confidential information and personal data
7. Security Measures: Required technical and organizational measures to protect confidential information and personal data
8. Duration of Obligations: Term of the agreement and survival of confidentiality obligations
9. Return or Destruction of Information: Obligations regarding the return or destruction of confidential information and personal data upon termination
10. Breach Notification: Procedures for reporting unauthorized disclosures or data breaches
11. Governing Law and Jurisdiction: Specification of Indonesian law and jurisdiction for dispute resolution
1. International Data Transfers: Required when personal data may be transferred outside Indonesia, addressing compliance with UU PDP cross-border transfer requirements
2. Subprocessors: Needed when the receiving party may engage third parties to process personal data
3. Audit Rights: Optional provisions allowing the disclosing party to audit compliance with the agreement
4. Special Categories of Personal Data: Required when sensitive personal data as defined in UU PDP is involved
5. Data Protection Impact Assessment: Needed for high-risk processing activities under UU PDP
6. Intellectual Property Rights: Required when confidential information includes IP-protected materials
7. Insurance Requirements: Optional section specifying required insurance coverage for data protection liabilities
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Permitted Purpose and Processing Activities: Specific details of how confidential information and personal data may be used
3. Schedule 3 - Security Measures: Technical and organizational measures required for data protection
4. Schedule 4 - Authorized Personnel: List of individuals authorized to access confidential information and personal data
5. Appendix A - Data Processing Agreement: Detailed terms for personal data processing in compliance with UU PDP requirements
6. Appendix B - Security Breach Response Plan: Procedures for handling and reporting security breaches
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