Title: Indonesia’s OJK Introduces New Regulation on IT-Based Co-Financing Services: What Businesses Need to Know
Subtitle: Legal and Compliance Implications
The Otoritas Jasa Keuangan (OJK), Indonesia’s financial services authority, announced a new regulation on IT-based co-financing services on August 15, 2022. This regulation aims to strengthen financial institutions’ risk management capabilities and sets guidelines for IT-based co-financing services providers.
Below are some key takeaways for businesses operating or planning to expand in Indonesia in response to this new regulation:
Covered IT-Based Co-Financing Services
The regulation covers the following IT-based co-financing services:
- Peer-to-peer lending
- E-money issuers
- Digital payment intermediaries
Registration and Licensing Requirements
Providers must register with the OJK and meet certain conditions to obtain a license. These conditions include:
- Compliance with data protection and consumer protection regulations
- Adequate cybersecurity measures
- Establishment of a complaints handling system
Electronic Money Issuers and Digital Payment System Operators
Services that meet specific criteria may be categorized as electronic money issuers or digital payment system operators. These entities must adhere to various regulations for securing a license from the OJK, such as:
- Minimum capital requirements
- Data protection
- Consumer protection
Data Protection
Providers must adhere to stricter data protection requirements:
- Secure customer data collection, processing, and storage
- Provide transparency and control to customers regarding their data
Complaints Handling System
Providers must establish a complaints handling system:
- Clear process for handling and resolving customer complaints
- Mechanism for reporting serious complaints to the OJK
Consequences of Non-Compliance
Failure to adhere to these regulations may result in fines, licenses being revoked, or other sanctions imposed by the OJK.
Seeking Legal Expertise
Consulting with legal experts familiar with the local financial regulations and IT laws is crucial for businesses to ensure regulatory compliance and build trust with their customers.