In the proactive move to solidify the foundation of personal data protection, the Indonesian government has introduced the Draft Regulation, a comprehensive framework designed to operationalise the provisions of Law Number 27 of 2022 on Personal Data Protection, known as the Personal Data Protection (PDP) Law. While this regulation has not yet been officially enacted, its extensive scope–consisting of 245 articles and 10 chapters–underscores the government’s commitment to regulating aspects such as data processing, the rights and obligations of data subjects, and the authorities of PDP Agencies, alongside mechanisms for resolving disputes. It is imperative for stakeholders to closely examine and prepare for the anticipated changes. This preliminary insight offers a valuable opportunity to align with the emerging PDP landscape, ensuring readiness to adapt to the regulatory environment once it takes effect.
The Draft Regulation sets out specific obligations for data controllers and processors. These range from obtaining explicit consent for data processing, ensuring data accuracy, and promptly correcting errors to notifying subjects and relevant authorities in case of data breaches. Furthermore, there are stringent rules around overseas data transfers, requiring equal or higher levels of data protection than Indonesian laws. Understanding and complying with these obligations is critical.
By adhering to these requirements, entities can not only avoid administrative sanctions but also strengthen their data governance and foster trust among data subjects.
PDP Agencies are empowered to enforce compliance by imposing administrative sanctions for non-compliance. These include written warnings, temporary suspensions of data processing activities, data erasures, and administrative fines. The severity of sanctions corresponds to the level of the violation, the compliance history of the entity, and other relevant factors. Below is the closer look of the potential implications.
Overall, the Draft Regulation has the potential to significantly reshape the landscape of personal data protection in Indonesia, aligning it with global standards but also imposing substantial new obligations on entities that process personal data. Compliance is not only a legal requirement but also an essential element of business reputation and consumer trust.
Organisations functioning as data controllers and processors must meticulously adhere to the obligations outlined in the Draft Regulation. They should thoroughly assess their data processing activities, ensure adequate protection measures, and establish clear protocols for addressing potential data breaches.
The Draft Regulation marks a significant advancement in Indonesia’s data protection landscape. It imposes comprehensive obligations on entities handling personal data and provides a structured approach to enforcing compliance. Entities should proactively review and align their data processing practices with the Draft Regulation to avoid potential sanctions and foster trust among data subjects.
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Anggraeni and Partners, an Indonesian law practice with a worldwide vision, provides comprehensive legal solutions using forward-thinking strategies. We help clients manage legal risk and resolve disputes on admiralty and maritime law, complicated energy and commercial issues, arbitration and litigation, tortious claims handling, and cyber tech law.
Junior Legal Research Analyst
Jericho Xafier Ralf
 The Draft Regulation referenced in this document pertains to the version dated 31 August 2023, as obtained from the official website of the Kementerian Komunikasi dan Informasi (Ministry of Communication and Information Technology) of Indonesia, accessible at https://pdp.id/rpp-ppdp/1. Please note that subsequent amendments or updates to the Draft Regulation may have occurred after this date. Readers are advised to consult the latest version of the document for the most current information.
 Article 44 and Article 45 of the Draft Regulation.
 Article 40, Article 52, Article 53 of the Draft Regulation.
 Article 24 – Article 36 and Article 80 Draft Regulation.
 Chapter IV of the Draft Regulation.
 Article 24 of the Draft Regulation.
 Article 12 of the Draft Regulation.
 Chapter V of the Draft Regulation.
 Article 166 of the Draft Regulation.
 Article 167 of the Draft Regulation.