ANALISIS PENGATURAN PENGALIHAN DATA PRIBADI LINTAS NEGARA PASCA AKUISISI DALAM UNDANG-UNDANG PERLINDUNGAN DATA PRIBADI

Abstract

In this digital era, there is a trend of international business expansion by conducting corporate actions, including acquisition, which causes the transfer of personal data both domestically and cross-border due to post-acquisition integration. Meanwhile, in Law No. 27 of 2022 on Personal Data Protection, there are only separate provisions in Article 48 and Article 56 regarding corporate actions and cross-border transfers of personal data, without regulating the correlation between these two provisions. This could potentially lead to the automatic transfer of personal data outside Indonesian jurisdiction as a result of post-acquisition integration. This paper aims to analyse the urgency of establishing a post-acquisition cross-border personal data transfer regulation and formulate an ideal regulation to address this legal issue. The research method used is normative juridical research with a statutory, comparative, conceptual, and case approach, with legal material collection techniques by literature and website study, and analysed using systematic, grammatical, and comparative interpretations. From the results of this research, the author found that there are norm incompleteness in this law. Therefore, the Indonesian government can adopt the provisions in the European Union The General Data Protection Regulation 2016/679 in formulating the ideal provisions regarding the cross-border transfer of personal data post-acquisition.