This NDA Data Protection agreement is designed for use in business relationships where parties need to share both confidential business information and personal data in Indonesia. It combines traditional NDA provisions with specific requirements under Indonesia's Personal Data Protection Law (Law No. 27 of 2022), making it suitable for relationships involving data controllers, processors, and other entities handling sensitive information. The document is particularly relevant in the context of service agreements, technology implementations, consulting arrangements, and employment relationships where personal data processing is involved. It includes specific provisions for data security, processing limitations, cross-border transfers, and breach notifications, while maintaining robust protection for traditional confidential business information.
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1. Parties: Identification of the disclosing and receiving parties, including their legal details and representatives
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information and personal data
3. Definitions: Key terms including 'Confidential Information', 'Personal Data', 'Processing', 'Data Controller', 'Data Processor' as per Indonesian PDP Law
4. Scope of Confidential Information: Definition and categories of confidential information covered by the agreement
5. Data Protection Obligations: Specific obligations under Indonesian PDP Law including data processing principles, security measures, and breach notification requirements
6. Use of Confidential 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. Return or Destruction: Obligations regarding return or destruction of confidential information and personal data upon agreement termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies under Indonesian law
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 PDP Law requirements for cross-border transfers
2. Special Categories of Data: Required when processing sensitive personal data as defined in the PDP Law
3. Subcontractors: Required when the receiving party may need to share information with third-party contractors
4. Data Subject Rights: Required when the agreement involves processing personal data of Indonesian citizens, detailing how data subject rights will be handled
5. Audit Rights: Optional section granting the disclosing party rights to audit the receiving party's compliance
6. Insurance Requirements: Optional section requiring specific insurance coverage for data protection and confidentiality breaches
1. Schedule 1 - Categories of Confidential Information: Detailed list of types of confidential information covered by the agreement
2. Schedule 2 - Approved Security Measures: Specific technical and organizational security measures required for compliance
3. Schedule 3 - Data Processing Activities: Description of personal data processing activities, including purposes, categories of data, and retention periods
4. Schedule 4 - Authorized Recipients: List of authorized personnel or entities who may access the confidential information
5. Appendix A - Data Breach Response Plan: Procedures for handling and reporting data breaches as required by Indonesian PDP Law
Relevant legal definitions
Clauses
Relevant Industries
Technology
Healthcare
Financial Services
E-commerce
Telecommunications
Professional Services
Manufacturing
Education
Research & Development
Consumer Services
Insurance
Digital Media
Biotechnology
Government Services
Relevant Teams
Legal
Compliance
Information Technology
Human Resources
Information Security
Risk Management
Operations
Research & Development
Data Protection
Privacy
Corporate Affairs
Information Management
Business Development
Project Management
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Legal Counsel
Compliance Manager
IT Security Manager
Human Resources Director
Chief Information Security Officer
Business Development Manager
Project Manager
Systems Administrator
Risk Manager
Operations Director
Research Director
Technology Officer
Information Management Officer
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