How to Address the Requirements of Personal Data Protection (PDP) Law of Indonesia

In response to the increased number of attacks targeting the personal data of millions of Indonesian citizens, the government passed the first Personal Data Protection (PDP) Law in 2022. For example, a breach of the General Elections Database resulted in the compromise of the personal data of 105 million people At the same time, 26 million customers of IndiHome were reportedly affected by another suspected incident.

The PDP Law is an effort to enhance the existing regulatory framework on personal data protection; it signifies the development of policies on personal data protection and confidentiality and strengthens the right to privacy. Businesses and individuals under the PDP Law’s jurisdiction must establish data protection and access management strategies to comply with the law’s requirements.

Overview of the Personal Data Protection Law Requirements

PDP Law is the first comprehensive law in Indonesia to govern personal data protection in electronic and non-electronic systems. The PDP Law has 76 articles across 16 chapters. These articles extensively cover data ownership rights, prohibitions on data use, and collecting, storing, processing, and transferring Indonesian citizens’ data.

The law shall apply to any individual and business, public agency, or international organization that carries out legal actions in Indonesia. The PDP Law has extraterritorial reach since it applies to any individual or organization carrying out lawful activities outside the Indonesian jurisdiction, provided these actions have legal consequences in Indonesia and for citizens residing outside the country.

It also introduces new concepts, including the requirement for notifying the regulator of any cross-border personal data transfers (both before and after the transfer). The new law goes further by introducing criminal sanctions for personal data breaches. Violators of the PDP Law can face criminal charges, like financial penalties, imprisonment, or other legislative and

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