UU Perlindungan Data Pribadi

UU PDP Requirements

To comply with Law No. 27 of 2022 on Personal Data Protection (UU PDP) in Indonesia, organizations must meet the following requirements:

1. Obligations of Data Controllers

• Have a legal basis for processing personal data.
• Process data in a limited, specific, lawful, and transparent manner.
• Ensure accuracy, completeness, and consistency of personal data.
• Record all processing activities involving personal data.
• Provide access to data subjects regarding their processed data.
• Conduct a Data Protection Impact Assessment (DPIA) for high-risk processing activities.
• Ensure security measures to protect personal data from unauthorized access or breaches.
• Delete or destroy personal data when no longer needed.
• Report data breaches within 3×24 hours to data subjects and authorities.
• Notify data subjects in case of data transfers due to mergers, acquisitions, or liquidation.

2. Obligations of Data Processors

• Process data only under the instructions of the Data Controller.
• Ensure compliance with regulations during processing.
• Obtain written approval from the Data Controller before involving third parties in processing.

3. Rights of Data Subjects

• Receive information about data processing activities.
• Obtain access and copies of their personal data.
• Request correction or updating of inaccurate data.
• Request deletion or destruction of personal data.
• Withdraw consent for data processing.

4. Appointment of a Data Protection Officer (DPO)

A Data Protection Officer (DPO) must be appointed if:

• Data processing is carried out for public services.
• Data processing is performed on a large scale.
• The processed data is sensitive or related to criminal offenses.

5. International Data Transfers

• International data transfers must ensure that the recipient country has an equivalent or higher level of data protection.
• If such protection is not guaranteed, additional safeguards must be in place, including obtaining the data subject’s consent.

6. Administrative and Criminal Sanctions

• Administrative penalties may include:
  • Written warnings.
  • Temporary suspension of data processing activities.
  • Deletion or destruction of personal data.
  • Fines of up to 2% of annual revenue.
• Criminal sanctions include fines and/or imprisonment for violations related to unlawful data collection, disclosure, or misuse.

To ensure compliance, companies must implement internal policies, regulatory compliance procedures, audits, and oversight mechanisms in their data protection frameworks.

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UU PDP Implementation Checklist ✅

1. Governance & Compliance

☐ Appoint a Data Protection Officer (DPO) (if required)
☐ Establish a Personal Data Protection Policy
☐ Ensure Board & Management Commitment to compliance
☐ Conduct Data Protection Impact Assessment (DPIA) for high-risk processing
☐ Register with the supervisory authority (if applicable in future regulations)

2. Data Inventory & Classification

☐ Identify and classify personal data (General vs. Sensitive data)
☐ Map data flow – how data is collected, processed, stored, and shared
☐ Maintain Records of Processing Activities (RoPA)
☐ Define data retention periods and establish a deletion policy

3. Legal Basis & Consent Management

☐ Obtain explicit consent before processing personal data
☐ Implement a consent management system (for collection & withdrawal)
☐ Ensure lawful basis for data processing (e.g., contract, legal obligation)
☐ Provide clear privacy notices for data subjects

4. Data Subject Rights Management

☐ Implement a system to handle Data Subject Access Requests (DSARs)
☐ Enable data subjects to access, correct, delete, or transfer their data
☐ Establish a procedure to process withdrawal of consent
☐ Provide mechanisms for users to object to processing

5. Security & Risk Management

☐ Implement data security controls (encryption, access control, firewalls)
☐ Conduct regular risk assessments and security audits
☐ Establish a data breach response plan
☐ Train employees on data protection awareness

6. Third-Party & Vendor Management

☐ Assess and audit third-party data processors
☐ Sign Data Processing Agreements (DPA) with vendors
☐ Ensure third parties comply with UU PDP security requirements

7. Data Breach Response & Reporting

☐ Establish a data breach notification procedure
☐ Notify affected individuals & authorities within the required timeframe
☐ Maintain a data breach log and conduct post-incident reviews

8. Ongoing Monitoring & Improvements

☐ Conduct periodic compliance audits
☐ Continuously update policies and procedures based on regulatory updates
☐ Provide regular employee training on UU PDP compliance
☐ Monitor evolving data protection regulations for adjustments

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