Cyber Law at Indonesia
Indonesia has established a comprehensive legal framework for data protection and cybersecurity, with significant developments in recent years. Here's an overview of the key laws and regulations:
🛡️ Personal Data Protection Law (UU PDP) – Law No. 27 of 2022
Enacted on October 17, 2022, the UU PDP is Indonesia's first comprehensive data protection legislation, aligning closely with the EU's General Data Protection Regulation (GDPR) Key provisions include:
Scope: Applies to all entities processing personal data of Indonesian citizens, regardless of their location
Consent: Requires explicit consent from individuals for data processing
Data Subject Rights: Grants individuals the right to access, correct, and delete their personal data
Data Protection Officer (DPO): Mandates the appointment of a DPO for certain organizations
Data Protection Impact Assessment (DPIA): Requires DPIAs for high-risk data processing activities
Data Transfers: Restricts international data transfers to countries with adequate data protection laws or with explicit consent from data subjects
Breach Notification: Obligates organizations to notify data subjects and authorities within 72 hours of a data breach
Sanctions: Imposes administrative fines up to 2% of annual revenue and criminal penalties, including imprisonment and fines, for severe violations. The law became fully enforceable on October 17, 2024, after a two-year transition period.
🔐 Electronic Information and Transactions Law (EIT Law) – Law No. 11 of 2008, amended by Law No. 1 of 2024
The EIT Law governs electronic transactions and information systems in Indonesia. Key aspects include:
Legal Recognition Confers legal recognition to electronic documents and signature.
Cybercrimes Defines and penalizes cybercrimes such as hacking, identity theft, and online frau.
Electronic Contracts Establishes the validity of electronic contracts and communication.
🧭 *Implementing Regulations
While the UU PDP has been enacted, several implementing regulations are still under development, including:
*Government Regulation No. 71 of 2019: Outlines the implementation of electronic systems and transactions.
*Ministerial Regulation No. 20 of 2016: Addresses personal data protection in electronic systems.
These regulations are expected to provide detailed guidance on compliance and enforcement.
⚠️ Compliance Steps for Organizations
To comply with Indonesia's data protection laws, organizations should:
*Audit Data Practices: Review current data collection, processing, and storage practices.
*Update Policies: Revise privacy policies to align with legal requirements.
*Appoint a DPO: Designate a Data Protection Officer if required.
*Conduct DPIAs: Perform Data Protection Impact Assessments for high-risk activities.
*Implement Security Measures: Establish technical and organizational measures to protect personal data.
*Train Staff: Educate employees on data protection principles and practices.
*Monitor Compliance: Regularly review and update data protection practices to ensure ongoing compliance.
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