INDONESIA Law and Practice Contributed by: Raditya Kosasih, Dimas Triandhanu Utomo, Nicholas Glenn and Nabila Oktavia Annyndira, ALTA Advocates
4. Sectoral Topics 4.1 Use of Cookies
Employee-related processing activities, including employee monitoring, are not specifically prohibited, provided that they are conducted in accordance with the PDP Law, and are typically grounded in contrac - tual arrangements between the employer and the employee. In current practice, employers in Indonesia commonly rely on employment agreements as the primary lawful basis for processing employee personal data, without prejudice to the availability of other lawful basis under the PDP Law for specific employee-related data pro - cessing activities. 4.4 Data Protection in M&A The PDP Law regulates personal data protection requirements in the context of corporate actions, including mergers, acquisitions, spin-offs, and disso - lutions. Under the PDP Law, a personal data controller in the form of a legal entity that undergoes a merger, acquisition, spin-off, and/or dissolution is required to notify personal data subjects of the personal data transfer both prior to and after the completion of such corporate action. In the event that a personal data controller in the form of a legal entity is dissolved or liquidated, the storage, transfer, deletion, or destruction of personal data must be carried out in accordance with applicable laws and regulations, and such actions must be notified to the relevant personal data subjects. Further procedural details are expected to be regu - lated under the forthcoming government regulation implementing the PDP Law. In practice, notifications to data subjects may be delivered through any medium that is reasonably accessible to them. For example, in the context of an acquisition where Indonesian corporate law requires pre- and post-acquisition announcements to be published in national newspapers, PDP-related noti - fications may be incorporated into such mandatory corporate announcements, provided that it is made clear that the announcement is also addressed to data subjects, and not solely to creditors.
Indonesia does not currently have a specific regula - tion that expressly governs the use of cookies, soft - ware development kits (SDKs), or other online tracking technologies. However, to the extent that such technologies involve the processing of personal data, their use is subject to the general principles and requirements under the PDP Law and the EIT Law, including to provide clear information and transparency to data subjects regard - ing the collection and use of their personal data in such cookies. 4.2 Personalised Advertising and Other Online Marketing Practices The PDP Law does not specifically regulate personal - ised or targeted advertising activities. However, where such activities involve the processing of personal data or profiling activities, they are subject to the general principles and requirements under the PDP Law. Given the absence of specific provisions governing personalised advertising or marketing, the applicable marketing requirements must be assessed on a secto - ral basis. For instance, in the financial services sector, OJK Reg 22/2023 prohibits financial services business actors from offering products and/or services to pro - spective consumers and/or consumers through per - sonal communication channels without the consent of prospective consumers and/consumers. In the electronic ecosystem, particularly under PP TUNAS, ESOs that are potentially directed at or intended for children are prohibited from conducting profiling by default, by any means or methods, includ - ing for product or service offerings or other purposes. Where profiling is to be carried out, it must be justi - fied through a risk assessment or demonstrated to be essential for the provision of the service. 4.3 Employment Privacy Law There are currently no employment-specific personal data protection laws. The processing of employees’ personal data is therefore subject to the PDP Law and its implementing regulations.
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