INDONESIA TRENDS AND DEVELOPMENTS Contributed by: Agus Ahadi Deradjat (Agung), Mahiswara Timur, Nina Cornelia Santoso and Dhan Partap Kaur (Sonia), ABNR Counsellors at Law
Suggested approach to establish compliance in Indonesia In order to establish compliance with data pro - tection laws in Indonesia, business undertak - ings should adopt a risk-based approach, which involves identifying, assessing, and managing potential risks associated with personal data processing. Rather than treating all risks equally, businesses should allocate resources to areas that present the greatest threat to data security and privacy, ensuring efforts are proportionate to the risks involved. In doing so, organisations can prioritise the most critical compliance require - ments effectively. Furthermore, business undertakings in the fields within financial services must assess risk with higher scrutiny as the sector of financial services is highly regulated. While there are less privacy- specific regulations on healthcare and the use of AI, business undertakings in these sectors still must ensure compliance with the PDP Law.
member to oversee personal data protection functions and ensure compliance with regula - tions. Since the Law’s enactment, the number of DPOs in Indonesia has increased, along with the formation of DPO associations. To standardise DPO competencies, the Minister of Manpower issued Decree No 103 of 2023, setting National Competency Standards for Personal Data Pro - tection. These standards guide authorities in developing qualifications, training, and certifi - cation for DPOs. However, there is no require - ment to register DPOs with authorities. Based on industry practices and the authors’ obser - vations, privacy professionals and practitioners are often referring to standards and certifica - tions from the International Association of Pri - vacy Professionals (IAPP), considering the IAPP is offering comprehensive privacy certifications based on various jurisdictions’ privacy regula - tions, including the GDPR which is similar to the Indonesian PDP Law.
219 CHAMBERS.COM
Powered by FlippingBook