The Independence of the Data Protection Authority in Electronic Commerce in the EU: Relevances to Indonesian DPA Legislation?
The Independence of the Data Protection Authority in Electronic Commerce in the EU: Relevances to Indonesian DPA Legislation?

Summary/Abstract: This essay critically analyzes the EU and Indonesia's existing regulation on personal data protection, especially on the role of data protection authorities. The points of analysis in focus are how the EU Data Protection Authority (DPA) regulatory system protects the personal data stored on the electronic commerce platform; and what its relevances are to Indonesia’s DPA regulation. It is undeniable that the advancement of information technology has brought about a significant change in contemporary business. Not every businessman needs to rent a space in the shopping areas. They need to register their products for sale on the business platform by storing sufficient data, and pieces of information are requested. For buyers, this new way to purchase the item they want to have is more convenient and efficient in terms of time and cost. By clicking on any platform of the online market, the item needed is ready to purchase. How to implement processes for requesting buyers to store their data, such as their name, birth date, phone number, e-mail, and credit or debit account number? At this point, the European Union has enacted the General Data Protection Regulation (GDPR). This Act gives protection to every personal data, mainly in electronic commerce. Moreover, EU DPAs have fully independent powers in assessing and implementing the GDPR. The independence of DPAs is a core element of the whole data protection regime in the EU. Unlike the EU, Indonesia has not yet decided on a similar regulation as the EU did, especially like the one on DPAs. Consequently, the development of electronic commerce is in slow motion. Shoppers are concerned that their data is being misused by merchants for their benefit or distributed to irresponsible third parties. This paper suggests that features of the EU DPA system are feasible in Indonesia's DPA legislation plan with the necessary adjustments.

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