A comparative legal analysis on cross-border data transfer in Singapore, Philippines and Indonesia

Abstract

Development of the digital economy has impacted on the use of data in business processes. Today, cross-border data transfer becomes a necessity and high in demand in regional and international trade due to its low-cost, efficiency and effectiveness. Legislative and regulatory initiatives have been taken to encourage such development. Some regional organizations have created a framework to eliminate cross-border data transfer barriers such as APEC Cross-Border Privacy Rules and ASEAN Framework on Personal Data Protection. These frameworks aim to enhance the development of the digital economy and to control the use of data cross-border from misuse as well. In ASEAN, the readiness of ASEAN countries in facing the development of the digital economy through the application of cross-border data transfer mechanism varies between member countries. This is because there is a gap in legal development among them in terms of the protection of personal data. This condition may hamper the growth of the digital economy of ASEAN region. From this point of view, this research analyzes the legal issues and challenges on cross-border data transfer by examining the scope and structure of the law on cross-border data transfer in Singapore, the Philippines and Indonesia. It also assesses the similarities and differences of legal framework among the three countries. This research is qualitative and doctrinal, applying analytical, historical and comparative legal methods. In the end of this study, this research identifies the gap and provides a recommendation to find a common set of minimum requirements that can be adopted by the countries in ASEAN, making the three countries as specific case studies.