• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Conventus Law

Conventus Law

Conventus Law

  • About Us
  • Channels
    • Jurisdiction Channel
    • Practice Area Channel
    • Industry Channel
    • Business Of Law
    • Law Firms
    • Special Reports
  • Video
  • Events
  • Explore
  • Search
  • Membership
  • Conventus Doc
x
Search

More results...

Generic filters
Home » Special Report » Data Protection And Cross-Border Data Transfers Laws And Regulations In Indonesia.

Data Protection And Cross-Border Data Transfers Laws And Regulations In Indonesia.

July 4, 2023

July 4, 2023 by

Conventus Law: In Indonesia, what laws and regulations govern cross-border data transfers, and how are they affecting businesses there?

Metalaw: The general requirements for cross-border data transfers are regulated by among others Law No. 27 of 2022 on Personal Data Protection and MOCI Regulation No. 20 of 2016 on Protection of Personal Data in Electronic Systems (PDP Law). For a specific line of business, other sectoral regulations may also be applicable, e.g., banking regulations for the banking sector. 

In general, the undertakings must comply with the requirements as regulated under the prevailing laws and regulations to avoid getting imposed with administrative sanctions in the form of warnings, temporary suspension of business activities, an announcement of non-compliance on the website, and/or administrative fines. 

How can companies ensure that their cross-border data transfers comply with Indonesian data protection laws?

The companies must comply with the requirements set out under the prevailing laws and regulations, among others:

  1. reporting the plan of the data transfers to the Ministry of Communication and Informatics (MOCI) or its authorized agency, 
  2. requesting for consultation with MOCI (or the relevant agency), if required, 
  3. reporting the implementation of the data transfer to MOCI (or the relevant agency),
  4. ensuring that the receiving country applies the same level of data protection as regulated under the PDP Law or higher; otherwise, the data controller/data processor must obtain approval from the data owner for such transfer. 

“The PDP Law adds one more requirement for cross-border data transfer, i.e., requesting the data processor/data controller to ensure that the receiving country applies the same level of data protection as regulated under the PDP Law or higher”

In the case of cross-border data transfers, what are the consequences for companies that fail to comply with Indonesian data protection laws?

As informed earlier, failing to comply with the requirements may result in the imposition of administrative sanctions in the form of warnings, temporary suspension of business activities, announcement of non-compliance on the website, and/or administrative fines.

The Personal Data Protection Bill (PDP) came into law on 17th October 2022 after publication in the State Gazette. What is the impact on cross-border data transfers?

The PDP Law adds one more requirement for cross-border data transfer, i.e., requesting the data processor/data controller to ensure that the receiving country applies the same level of data protection as regulated under the PDP Law or higher; otherwise, the data controller/data processor must obtain approval from the data owner for such transfer.

“ The foremost is that the companies must ensure that they have complied with the minimum requirements as set out under the prevailing laws and regulations in Indonesia concerning cross-border data transfer”

What international data protection frameworks or agreements has Indonesia signed or adhered to, and how do they impact cross-border data transfers?

So far as we are aware, Indonesia is not a party to any international data protection framework or agreement. ASEAN has issued an ASEAN Data Management Framework (DMF), which was endorsed by ASEAN member countries in 2021. Indonesia is a member of ASEAN. However, since the DMF is voluntary in nature, there is no requirement for the ASEAN members to adhere to the requirements as set out in the DMF. 

Considering the increasingly complex legal landscape surrounding data privacy and protection, what are some best practices for companies operating in Indonesia to protect personal data during cross-border data transfers?

We believe the companies should have guidelines to regulate the requirements that they must comply with before conducting cross-border data transfers. The foremost is that the companies must ensure that they have complied with the minimum requirements as set out under the prevailing laws and regulations in Indonesia concerning cross-border data transfer. 

For Further Information, Please Contact:

MetaLAW, Legal Consultant, Jakarta, Indonesia

general@metalaw.id

Primary Sidebar

PRESS RELEASES

  • France – Bird & Bird Advises The Shareholders Of Sociabble In Connection With The Sale Of Their Shares To Poppulo INC. 15 June 2026
  • Appleby Advises Interprivate Investment Partners V, INC. In Its USD201.25m Initial Public Offering. 15 June 2026
  • Appleby’s Claire Van Overdijk KC To Speak At Bermuda Trusts Conferences. 15 June 2026
  • Appleby Advises Vitruvian Partners On Strategic Co-Investment In Walkers Professional Services. 15 June 2026
  • Withers Recognized In The 2026 Chambers USA Guide And Legal 500 US Guide. 12 June 2026

NEWS FEED

    June 15, 2026

    Malaysia – Beyond Second Chances: Industrial Court Upholds Dismissal After Extended PIP.

    June 15, 2026

    Lower And Deferred Tax On Stock Options: The Netherlands’ New Facility For Startups And Scale-Ups.

    June 15, 2026

    Germany – Self-Employed Or Employed? The German Debate Over “New Self-employment”.

    June 15, 2026

    The Cost Of Getting Employee Departures Wrong: Five Common Pitfalls For Bermuda Employers.

    June 15, 2026

    Bermuda – It’s Time To Bridge PIPA Compliance Gap.

    June 15, 2026

    China – Compliance Boundaries For PRC Insurer’s Remote Work.

    June 12, 2026

    UK – VAT Treatment Of Certain Public Funds Received By Further Education Institutions.

    June 12, 2026

    UK – As The Employment Tribunal System Struggles, Employment Lawyers Propose Solutions.

    June 12, 2026

    US – California’s Risk Assessment And Cybersecurity Audit Certification Requirements: What Companies Need To Know Now.

    June 12, 2026

    A Rare Opportunity: USTR Solicits Industry Input On Up To $30 Billion In China Import Tariff Relief And Market Access For US Exports.

Footer

Conventus Law
  • Linkedin
  • Twitter
  • Facebook

CONVENTUS LAW

  • About Us
  • Explore
  • Video
  • Events
  • Contact Us
  • Jurisdiction Channel
  • Practice Area Channel
  • Industry Channel
  • Law Firms
  • Business Of Law
  • Special Reports

OTHERS

CONVENTUS DOCS
CONVENTUS PEOPLE

Room 1601, 16th Floor,               Wing On Centre, 111 Connaught Road Central, Hong Kong

social@conventuslaw.com

Terms of use | Privacy statement © 2026 Conventus Law. All Rights Reserved.