Cross Border Data Transfer - Indonesia

This article discusses the Indonesian regulatory requirements applicable to the cross border transfer of data.

The legal position is not straight forward because of overlapping legacy regulations passed in 2019 and 2016. This note attempts to reconcile Indonesian laws and regulations on the cross border transfer of data:

• Law No. 27 of 2022 on Personal Data Protection (the "PDPA")
• Government Regulation No. 71 of 2019 on Organization of Electronic Systems and Transactions ("GR 71")
• Ministry of Communication and Informatics Regulation No. 20 of 2016 on the Protection of Personal Data Protection in Electronic Systems ("MOCI 20/2016")

GR 71 on Organization of Electronic Systems and Transactions