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Aug

11

Personal Data Protection Act: New Law, New Challenges

Background Overview

The potential for misuse of sensitive personal information has triggered legislative and regulatory action across the globe, including Indonesia. On 24 January 2020, President Joko Widodo signed the Personal Data Protection (PDP) Bill which is currently being finalised by the Indonesian House of Representatives (DPR) and will be targeted to be passed on the upcoming months.

With the Covid-19, we have to adapt to new norms. Similarly, the forthcoming new law, it brings new norms how to do business and data processing. No more business as usual as the law provides some rules and obligates certain obligations on companies. These are new norms.

The PDP Bill have led a growing number of multinational companies have needs of the insight on the new norms and they are in need legal expert to help them in adopting with the new norms, ensuring regulatory and legal compliance, and protecting their competitive advantage. We understand that many business models are intertwined with personal data protection issues. Therefore, the webinar is a relevant, even necessary, training for sustainable growth of your company.

Speakers

Professor Abu Bakar Munir

Abu Bakar MunirProfessor Abu Bakar Munir is an internationally renowned scholar, expert and consultant on the ICT Law and Data Protection Law. He is a Professor of Law at the Faculty of Law, University of Malaya, Malaysia and an Associate Fellow of the University of Malaya Malaysian Centre for Regulatory Studies (UMCoRS). He is also the Legal Adviser and Data Protection Consultant to the Straits Interactive Pte. Ltd., Singapore, a Senior Adviser to the Schinder Law Firm, Jakarta, a member of the Academic Advisory Council Member of the Asia Pacific Institute for Digital Economy, (APIDE) Tokyo, and a member of the Asian Privacy Scholars Network (APSN), Australia.

Professor Abu Bakar is the author of several books; Privatization (1992), Cyberlaw: Policies and Challenges (1999), Privacy and Data Protection (2002), Internet Banking: Law and Practice (2004), and Information and Communication Technology Law: State, Internet and Information (2010), Personal Data Protection in Malaysia: Law and Practice (2010) and Data Protection Law in Asia (2014). He speaks extensively at seminars, conferences and workshops within Malaysia and around the world including those organised/hosted by universities such as the NUS, Oxford, Cambridge, MIT, etc. Google, Facebook, Yahoo are amongst the participants of his talks.

Professor Abu Bakar Munir has been far and wide, consulted by the governments and private entities in Malaysia and around the globe. He was appointed the Adviser to the Government of Malaysia and was instrumental in the crafting and passing of the Malaysian Personal Data Protection Act 2010. He was seconded as the IT Law Adviser and Principal Consultant to the Government of Dubai, UAE where he led an international team of consultants in developing and drafting several IT legislations to facilitate the Dubai Internet City, a multi-billion-dollar IT project. He is currently assisting the Government of Indonesia in developing the personal data protection law for the country.

He was a Council Member of the Asia Pacific Privacy Charter Council (APPCC) and the recipient of the Malaysia Cyber Security Awards (Minister’s Award) 2010 and the Malaysia Cyber Security, (Information Security Visionary of the Year) Award 2010. His other areas of specialization include the Air and Space Law, Nanotechnology Law and Policy, and Renewable Energy Law and Policy. He has published numerous articles on these subjects. His work, “Renewables: Solar Energy Needs Focus” was published in Nature in January 2016.

Prof. Dr. I.B.R Supancana

Economy from University of Indonesia (1990) and Bachelor of Law (S.H) in International Law from Padjadajaran University (1983). He has also acted as a Guest Lecturer at several universities, not only in Indonesia but also abroad (among others: Advanced Studies on Air and Space Law, Leiden University, Kobe University). His main areas of expertise are in the field of Aviation and Space Law; Foreign Direct Investment Law; Settlement of Disputes (Arbitration and ADR); Cyber Law; Mining; International Commercial Contract; and Regulatory Reform.

He has acted as an advisor and consultant for various international organizations and donor countries (GIZ, JICA, World Bank, British Embassy, EU Trade, among others) as well as Indonesian Governmental Agencies (among others, Ministry of Foreign Affairs, Ministry of Defense, National Institute of Aeronautics and Space, National Law Reform Body, National Development Planning Board, National Investment Coordination Board, etc.). He often represents the government in bilateral and multilateral negotiations (ASEAN Regional Forum, APEC, UN Committee on Peaceful Uses of Outer Space, APSCO, among others).

Over the past 33 years, he has provided legal services to domestic as well as overseas companies, including appearing as an expert witness in the USA and Singapore and before the National Anti- Corruption Court. A trainer for certified training on mediation at the National Mediation Center (PMN) and for a training series on development of legal skills jointly organized by the Indonesian Bar Association (PERADI) with the Center for Law and Business (PPHBI) as a part capacity building/continuing legal education program.

Other notable contributions are as an editor at an international and national prestigious law journal (Journal of East-Asia and International Law, Korea; Asia Mediation Journal, Singapore; Indonesian Law Journal, Lex Mercatoria). He has published more than 40 books and research articles, and his articles have been published in many scientific journals. Currently, he is assigned by the government to chair an inter-department working group on preparing draft of the academic paper on draft of laws on private international law; a draft of law on a revision of the Indonesian Company Law; and also as one of the initiators of the draft of law on Personal Data Protection

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Dear valued Visitor,

Data is a valuable currency in this new world. In the midst of digital transformation, the Indonesian government has taken the final decision to pass the Pelindungan Data Pribadi (PDP) Bill by September 2022. The PDP Law applies to all businesses established in Indonesia and puts the consumer in control. The task of complying with this regulation falls upon businesses.

The PDP Law affects a variety of business operations, including how your sales team prospect and how marketing initiatives are managed. Businesses have had to reassess their business procedures, applications, and forms. Additionally, all businesses that work with personal data should designate a Data Protection Officer (DPO) or data controller to oversee PDP compliance.

In line with this spirit, it gives us great pleasure to announce and share with all our esteemed clients and business associates that Schinder Law Firm is prepared to assist your company to understand the impacts of the Personal Data Protection Law (PDPL) and take the required measures to comply with the law. Our Privacy, Data Protection, and Cybersecurity practice group is a pioneer in providing data privacy law services in Indonesia. Personal data protection services include but are not limited to:

  • Assessing the existing systems, processes, and controls, etc.
  • Providing provide gap assessment on the existing systems, processes, and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDP Law
  • Developing policies, best practices, and procedures
  • Advising on the security of personal data and managing data breaches
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role, and responsibilities of a data protection officer
  • Advising on cross-border transfers of personal data
  • Carrying out data protection impact assessments and data protection audits
  • Recommending other necessary corrective actions in order to comply with the PDP Law
  • Training on the PDP Law tailored to clients’ businesses

We look forward to many more opportunities in the year ahead with your continued support and trust. For consultation, please send us a WhatsApp or Email.

Warmest regards,
Naz Schinder
Managing Partner

Keep Up with the New Law in Indonesia: Personal Data Protection

  • Assessing the existing systems, processes and controls, etc.
  • Providing provide gap assessment on the existing systems, processes and controls, etc.
  • Developing and ensuring contracts and agreements comply with the PDPL.
  • Developing policies, best practices and procedures.
  • Advising on security of personal data and managing data breaches.
  • Acting as the Data Protection Officer (DPO) and advising upon the appointment, role and responsibilities of a data protection officer.
  • Advising on cross-border transfers of personal data.
  • Carrying out data protection impact assessments and data protection audits.
  • Recommending other necessary corrective actions in order to comply with the PDPL.
  • Training on the PDPL tailored to clients’ businesses.
Privacy, Data Protection and Cyber Security
We help our clients to understand the impact of the Personal Data Protection Law (PDPL) on their companies and take the required measures to comply with the law.