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 2026

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

The move marks the latest step in Temu’s push to protect brands’ intellectual property by collaborating with industry groups and enforcement agencies. Managing IP learns about a rapidly scaling strategy and two success stories
A counterfeiting crackdown targeting fake FIFA World Cup merchandise and new partner hires by CMS, HGF and Winston Strawn were also among the top talking points
Law firms need to accept the hard truth: talent migration isn't personal; it's business as usual
Judge Alan Albright is to leave his role at the Western District of Texas, and could return to private practice
Stobbs has successfully seen off a contempt of court application filed against the firm and two of its lawyers
After almost a quarter of a century, Marshall Gerstein has a new managing partner
Abbott winning another round against Sinocare and Menarini, and 'long arm' clarification on the UK's position within the UPC, were also among major developments
Maria Peyman, head of IP at Birketts, explains why the firm is adopting a ‘seamless approach’ for clients by integrating two of its practice areas
Matthew Swinn, who leads the firm’s IP practice, discusses why Mallesons is well-placed to remain a major IP force
Lawyers at A&O Shearman analyse developments regarding UPC’s long-arm jurisdiction, including its scope and jurisdictional limits
Gift this article