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Indonesia-US digital deal bars forced tech transfer

Indonesia and the US have agreed to enhance cross-border data exchange under the Agreement on Reciprocal Trade (ART), focusing on digital trade and technology cooperation.

The deal emphasizes facilitating digital commerce, data flow, and limiting policies that could hinder the digital economy.

Indonesia committed to supporting digital trade with the US by ensuring reliable cross-border electronic data transfer with adequate protections for business activities.

The agreement states Indonesia will not impose requirements forcing US companies to transfer or provide access to technology, source code, or proprietary knowledge as a condition for operating in Indonesia.

🔗 Source: Bisnis Indonesia

🧠 Food for thought

Implications, context, and why it matters.

Indonesia’s digital trade deal with the US carves a path through its own restrictive data laws

  • The deal matters because it tackles Indonesia’s data rules, which have blocked some foreign tech firms 1.
  • Before it, Government Regulation No. 71 made electronic system operators register. It also let Indonesian agencies request access to systems and data for oversight and law enforcement 2.
  • Indonesia’s 2022 Personal Data Protection Law permits cross-border transfers. It says exported personal data must get protection equal to Indonesian law, which can leave foreign firms unsure about moving data in or out 3.
  • The pact gives U.S. companies a clearer path for cross-border data flows. It also curbs demands to hand over technology, source code, or proprietary know-how, which may cut compliance work that rivals from other regions still face 4.

The US is exporting a digital trade playbook across Southeast Asia, one country at a time

  • Indonesia is not the first case. The U.S. has used a similar template with Malaysia and Cambodia 5.
  • Each deal includes a standardized “Digital Trade and Technology” section. It restricts value-added taxes that single out U.S. firms, plus rules for cross-border data transfers 6.
  • The approach gives American tech companies a friendlier set of rules across parts of Southeast Asia.
  • Over time, Southeast Asia could split into uneven regimes. U.S. firms may follow one rulebook while European and Asian competitors face tighter, country-by-country compliance.

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