Indonesia: Implemented Kominfo Regulation No. 5 of 2020 on Private Electronic System Operators including local operation requirements (Regulation 5/2020)

On 24 November 2020, Kominfo Regulation No. 5 of 2020 on Private Electronic System Operators (ESOs), which includes a local operation requirement, was implemented. Regulation 5/2020 is an implementing regulation of Regulation 71/2019. While Regulation 71/2019 allows private ESOs to be based outside of Indonesia, they must continue to allow for effective supervision by the Indonesian government and provide access to data for supervision and law enforcement purposes. Regulation 5/2020 makes clear that, in order to fulfil this requirement, private ESOs based abroad must nominate a contact person domiciled in Indonesia to receive and facilitate government access requests to their electronic systems or data.