Indonesia: Upcoming Data Privacy Law and Regulation

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Indonesia: Upcoming Data Privacy Law and Regulation

There is a positive development in data privacy protection in Indonesia, due to the issuance of a draft Ministerial Regulation on Data Protection (Draft Regulation) by the Ministry of Communications and Informatics of the Republic Indonesia (MOCI). This Draft Regulation was prepared as one of the implementing regulations of Law No 11 of 2008 on Electronic Information and Transactions (EIT Law) and Government Regulation No 82 of 2012 on the Implementation of Electronic Systems and Transactions (GR 82). In October 2015, the government also issued a draft Data Protection Law (Draft Law).

Until now, there is no confirmation on the issuance date of both the Draft Regulation and Draft Law.

In general, the Draft Law is aimed at bringing Indonesia in line with some other jurisdictions when it comes to protecting data privacy, which should be essential since, until now, there is no law and regulation in Indonesia specifically regulating data privacy issues.

The Draft Law contains a definition of "personal data" which includes data of a person's life that can be identified automatically or combined with other information through electronic or non-electronic systems. It also specifically regulates that all data such as religion/belief, health, physical and mental condition, sex life and financial information is deemed as "sensitive personal data".

Moreover, according to the Draft Law, personal data operators are prohibited from transferring personal data to other countries unless the receiving country has personal data protection measures consistent with the Draft Law. This does not apply if (i) there is a contract between the personal data operator and the offshore data receiver; or (ii) there is a bilateral agreement.

The personal data operator must secure consent before transferring the data, and the data receiver cannot use the personal data except for the use that the data owner has consented to. The personal data operator must also notify the data owner in case of a merger, spin-off, consolidation or other business transactions that may affect the implementation, management or transfer of personal data.

Under the Draft Regulation, electronic system operators that will make cross-border data transfers must first coordinate with the MOCI on the transfer plan and the results of the transfer activities. Moreover, if anyone wishes to show, publish, send or disseminate personal data, or open the access to its electronic system to the public, such personal data should be derived from an electronic system dedicated to public service.

The Draft Regulation also provides time requirements for personal data storage, which is five years at minimum, in the absence of laws regulating data storage in relevant business sectors.

Lukiantono_Daru
Anindito

Daru Lukiantono

Wiku Anindito


Hadiputranto, Hadinoto & PartnersThe Indonesia Stock Exchange Building, Tower II, 21st FloorSudirman Central Business DistrictJl. Jendral Sudirman Kav 52-53Jakarta 12190, IndonesiaTel: +62 21 2960 8888Fax: +62 21 2960 8999www.hhp.co.id

more from across site and SHARED ros bottom lb

More from across our site

Tilleke & Gibbins topped the leaderboard with four awards across the region, while Anand & Anand and Kim & Chang emerged as outstanding domestic firms
News of a new addition to Via LA’s Qi wireless charging patent pool, and potential fee increases at the UKIPO were also among the top talking points
The keenly awaited ruling should act as a ‘call to arms’ for a much-needed evolution of UK copyright law, says Rebecca Newman at Addleshaw Goddard
Lawyers at Lavoix provide an overview of the UPC’s approach to inventive step and whether the forum is promoting its own approach rather than following the EPO
Andrew Blattman, who helped IPH gain significant ground in Asia and Canada, will leave in the second half of 2026
The court ordering a complainant to rank its arguments in order of potential success and a win for Edwards Lifesciences were among the top developments in recent weeks
Frederick Lee has rejoined Boies Schiller Flexner, bolstering the firm’s capabilities across AI, media, and entertainment
Nirav Desai and Sasha S Rao at Sterne, Kessler, Goldstein & Fox explore how companies’ efforts to manage tariffs by altering corporate structures can undermine their ability to assert their patents and recover damages
Monika Żuraw, founder of Żuraw & Partners, discusses why IP should be part of the foundation of a business, and taking on projects that others walk away from
Lawyers say attention will turn to the UK government’s AI consultation after judgment fails to match pre-trial hype
Gift this article