PUTERI, EFREMA ARDRATYA PRAKASITA and Prabandari, Adya Paramita and Hananto, Pulung Widhi Hari (2024) THE LEGALITY OF DATA LOCALIZATION REGULATIONS IN RESPECT TO INTERNATIONAL DIGITAL TRADE. _21 HI 2024. Undergraduate thesis, Fakultas Hukum Universitas Diponegoro.

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Abstract

The purpose of data localization is to limit the movement of data and restricts the transfer of data from one location to another. In limiting the movement of data, such requirement may amount to a barrier in the trade of services. This thesis is put together though the normative juridical method by studying various sources of
literature, secondary data, and library research to find a synchronization of regulatory in a horizontal order. Here, it was found that States implement data localization at different degrees of strictness for the purpose of cybersecurity concerns, and each level of strictness effects its consistency with international regulations. The GATS regulates on the hindrance or barriers in trade services, and in this case data transfers. Hence, to overcome inconsistencies between domestic and international regulations, States may balance its interest and conduct digital trade agreements with the international community. This thesis will look into if data localization implemented by States amount to a trade barrier, as well as ways to overcome such inconsistencies.
Keywords: data localization, data, barriers, trade, digital

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