Article 96F (Cross-Border Information Flows)
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Article 96F
Cross-Border Information Flows
... The Parties recognize that each Party may have
its own regulatory requirements concerning the
transfer of information by electronic means.
2. Neither Party shall prevent the cross-border
transfer of information by electronic means,
including personal information, when such activity is
for the conduct of the business of a covered person.
Note: For the purposes of this paragraph, Indonesia
may adopt or maintain any measures that require
certain information to be stored and processed
in the Area of Indonesia, when businesses are
performed for and on behalf of government
authorities or institutions assigned by
government authorities to operate the
Electronic System Operations in accordance with
the Government Regulation No. 71 of 2019
concerning Electronic System and Transaction
Operation or its amendment and replacement.
3. Nothing in this Article shall prevent a Party
from adopting or maintaining measures inconsistent
with paragraph 2 that it considers necessary:
(a) to achieve a legitimate public policy
objective, provided that the measure is not
applied in a manner which would constitute
a means of arbitrary or unjustifiable
discrimination or a disguised restriction
on trade, and does not impose restrictions
on transfers of information greater than
are required to achieve the objective; or
(b) for the protection of its essential
security interest.
4. Paragraph 2 shall not apply to information held
or processed by or on behalf of a Party, or measures
related to such information, including measures
related to its collection.