This Confidentiality Agreement Data Protection is essential for organizations operating in Indonesia that need to protect sensitive information while ensuring compliance with Indonesian data protection laws, particularly the Personal Data Protection Law (UU PDP) No. 27/2022. The document is designed for use when parties need to share confidential information and personal data in the course of their business relationship, whether for project collaboration, service provision, or other commercial purposes. It incorporates specific requirements for data processing, storage, and transfer under Indonesian law, including mandatory security measures, data subject rights, and breach notification procedures. The agreement is particularly relevant given Indonesia's strengthened data protection framework and increased regulatory focus on digital privacy and data security. It can be used for both domestic Indonesian operations and situations involving international data transfers, providing comprehensive protection for confidential information while ensuring regulatory compliance.
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1. Parties: Identification of the parties entering into the agreement, including their legal names, addresses, and company registration details
2. Background: Context of the agreement, relationship between the parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions including 'Confidential Information', 'Personal Data', 'Processing', 'Data Controller', 'Data Processor', and other key terms as defined in Indonesian PDP Law
4. Scope of Confidential Information: Detailed description of what constitutes confidential information and personal data under the agreement
5. Obligations of Confidentiality: Core confidentiality obligations, including non-disclosure, non-use, and security measures
6. Data Protection Obligations: Specific obligations under Indonesian PDP Law, including data processing principles, legal basis for processing, and data subject rights
7. Security Measures: Required technical and organizational security measures for protecting confidential information and personal data
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Breach Notification: Requirements and procedures for reporting any breaches of confidentiality or data security incidents
11. Governing Law and Jurisdiction: Specification of Indonesian law as governing law and jurisdiction for disputes
1. International Data Transfers: Required when confidential information or personal data may be transferred outside Indonesia, addressing compliance with cross-border data transfer requirements
2. Third Party Disclosure: Include when there may be legitimate needs to share information with third parties, specifying conditions and obligations
3. Specific Industry Requirements: Add when the agreement relates to regulated industries (e.g., financial services, healthcare) requiring additional compliance measures
4. Audit Rights: Include when regular audits of data protection compliance may be necessary
5. Insurance Requirements: Add when parties need to maintain specific insurance coverage for data protection and cyber risks
6. Survival Clause: Include to specify which obligations continue after agreement termination
1. Categories of Confidential Information: Detailed list and classification of different types of confidential information covered
2. Approved Security Measures: Specific technical and organizational measures required for data protection
3. Authorized Personnel: List of personnel authorized to access and process confidential information
4. Data Processing Activities: Detailed description of permitted data processing activities and purposes
5. Incident Response Plan: Procedures and contact details for handling data breaches and security incidents
6. Sub-processor List: If applicable, list of approved sub-processors and their roles
Relevant legal definitions
Clauses
Relevant Industries
Technology
Financial Services
Healthcare
E-commerce
Telecommunications
Professional Services
Education
Manufacturing
Retail
Insurance
Banking
Consulting
Information Technology
Digital Services
Relevant Teams
Legal
Compliance
Information Security
Information Technology
Risk Management
Human Resources
Operations
Procurement
Data Protection
Privacy
Contract Management
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
Information Security Manager
IT Director
Risk Manager
Operations Manager
Project Manager
Business Development Manager
HR Director
Chief Information Security Officer
Chief Technology Officer
Procurement Manager
Contract Administrator
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