Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)

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Legal Liability of Marketplace Companies Against Leaking of User Data Due to Third Party Breaking According to Law Number 8 of 1999 Concerning Consumer Protection (Case Example: Tokopedia User Data Leaking in 2020)

Authors
Julius Perkasa1, *, Jeane Neltje Saly1
1Faculty of Law, Universitas Tarumanagara, Jakarta, Indonesia
*Corresponding author. Email: juliusperkasasalim@gmail.com
Corresponding Author
Julius Perkasa
Available Online 21 April 2022.
DOI
10.2991/assehr.k.220404.096How to use a DOI?
Keywords
consumer protection; data leaking; legal liability
Abstract

Tokopedia as a marketplace company experienced a leak of user’s personal data due to burglary by a third party in 2020. In this regard, the Indonesian Consumer Community demands legal accountability against the Ministry of Communication and Information of the Republic of Indonesia related to the guarantee of Electronic System organizers on each component and the integration of all Electronic Systems operate properly, including Hardware, Software, experts, governance, and security for the personal data leakage event, including on Tokopedia. The problem is how is the legal responsibility of marketplace companies for user data leaks caused by burglary by third parties in the case of Tokopedia data leakage and how their accountability is viewed from the Consumer Protection Act. The method used is normative legal research. Tokopedia can be categorized as a business actor and its users are categorized as consumers. The position of the two in consumer protection law will have a different impact on the legal liability of Tokopedia in cases of data leaks that occur, so that liability issues arise. failure to protect the confidentiality of personal data to its users and improve the security system of the platform. Meanwhile, Tokopedia’s legal liability under the Consumer Protection Law will be even wider, which includes civil and criminal legal liability.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

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Volume Title
Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
21 April 2022
ISBN
10.2991/assehr.k.220404.096
ISSN
2352-5398
DOI
10.2991/assehr.k.220404.096How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article distributed under the CC BY-NC 4.0 license.

Cite this article

risenwbib
TY  - CONF
AU  - Julius Perkasa
AU  - Jeane Neltje Saly
PY  - 2022
DA  - 2022/04/21
TI  - Legal Liability of Marketplace Companies Against Leaking of User Data Due to Third Party Breaking According to Law Number 8 of 1999 Concerning Consumer Protection (Case Example: Tokopedia User Data Leaking in 2020)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 606
EP  - 614
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.096
DO  - 10.2991/assehr.k.220404.096
ID  - Perkasa2022
ER  -