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Privacy And Confidentiality Agreement for Indonesia

Privacy And Confidentiality Agreement Template for Indonesia

A comprehensive legal document governed by Indonesian law that establishes binding obligations for the protection and confidential handling of sensitive information and personal data. The agreement incorporates requirements from Indonesia's Personal Data Protection Law (PDP Law) and related regulations, establishing clear protocols for data handling, security measures, and confidentiality obligations. It includes specific provisions for breach notification, data subject rights, and compliance with Indonesian data protection requirements, while addressing both physical and electronic data protection measures.

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Privacy And Confidentiality Agreement

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What is a Privacy And Confidentiality Agreement?

The Privacy And Confidentiality Agreement is essential for organizations operating under Indonesian jurisdiction who need to establish legally binding obligations for protecting sensitive information and personal data. This document is particularly relevant in light of Indonesia's Personal Data Protection Law (PDP Law) implementation in 2022, which introduced stricter requirements for data protection and processing. The agreement should be used when parties need to share confidential information or process personal data, whether in business partnerships, service provider relationships, or other professional engagements. It covers key aspects such as data security measures, breach notification procedures, and compliance requirements specific to Indonesian law, while also addressing international data transfer considerations where applicable.

What sections should be included in a Privacy And Confidentiality Agreement?

1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and registration details

2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information or personal data

3. Definitions: Detailed definitions of key terms including Confidential Information, Personal Data, Processing, Data Controller, Data Processor, and other relevant terms as per Indonesian PDP Law

4. Scope of Confidential Information: Clear description of what constitutes confidential information and personal data under the agreement

5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and non-disclosure requirements

6. Data Protection Obligations: Specific obligations relating to personal data processing, including compliance with Indonesian PDP Law requirements

7. Security Measures: Required technical and organizational security measures for protecting confidential information and personal data

8. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including legal requirements and authorized recipients

9. Duration and Return of Information: Term of confidentiality obligations and requirements for returning or destroying confidential information

10. Breach Notification: Procedures for reporting and handling data breaches or confidentiality breaches

11. Liability and Indemnification: Consequences of breach and indemnification obligations

12. General Provisions: Standard contractual provisions including governing law, jurisdiction, and entire agreement

What sections are optional to include in a Privacy And Confidentiality Agreement?

1. International Data Transfers: Requirements and safeguards for transferring data outside Indonesia - include when international data sharing is contemplated

2. Intellectual Property Rights: Specific provisions relating to IP rights in confidential information - include when dealing with technical or proprietary information

3. Data Subject Rights: Procedures for handling data subject requests - include when agreement involves significant personal data processing

4. Industry-Specific Compliance: Additional requirements for specific sectors (e.g., financial services, healthcare) - include when operating in regulated industries

5. Audit Rights: Rights to audit compliance with agreement obligations - include for high-risk or regulated data processing

6. Sub-processor Requirements: Rules for engaging sub-processors - include when data processing activities may be outsourced

7. Business Continuity: Requirements for maintaining data availability and security during disruptions - include for critical data processing relationships

What schedules should be included in a Privacy And Confidentiality Agreement?

1. Schedule 1 - Categories of Confidential Information: Detailed listing and classification of different types of confidential information covered

2. Schedule 2 - Categories of Personal Data: Specific categories of personal data being processed and their sensitivity levels

3. Schedule 3 - Security Requirements: Detailed technical and organizational security measures required

4. Schedule 4 - Authorized Personnel: List of authorized personnel who may access confidential information

5. Schedule 5 - Data Processing Activities: Detailed description of permitted data processing activities and purposes

6. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Appendix B - Compliance Checklist: Checklist of compliance requirements under Indonesian law

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions








































Clauses






























Relevant Industries

Technology

Healthcare

Financial Services

E-commerce

Telecommunications

Professional Services

Manufacturing

Education

Insurance

Banking

Retail

Consulting

Pharmaceuticals

Government Services

Legal Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Human Resources

Operations

Privacy

Procurement

Information Governance

Corporate Security

Business Development

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Chief Information Security Officer

Privacy Manager

Contract Manager

Chief Legal Officer

Data Governance Manager

HR Director

Operations Manager

Business Development Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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