Database

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INDONESIA

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement Expansion Agreement (ITA II)
Indonesia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

INDONESIA

Since January 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Ministry of Industry Regulation No. 02/M-IND/PER/1/2014 (Peraturan Menteri Perindustrian 02/M-IND/PER/1/2014)
Art. 10 of Regulation No. 02/M-IND/PER/1/2014 provides that domestic service suppliers need to be prioritised. To qualify as a domestic service provider, a majority of the shares must be owned by an Indonesian citizen, and two-thirds of the board members must be local. If no domestic service suppliers are participating in the procurement, national service suppliers (with at least 10% of shares belonging to Indonesians) will be taken into consideration. Only when these are also unavailable will foreign service providers be allowed to participate in the procurement process as well (Art. 16.1).
Coverage Horizontal

INDONESIA

Since March 2018, last amended in February 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Regulation of the President of the Republic of Indonesia No. 16 of 2018 on Government Procurement
Under Art. 63 of Presidential Regulation No. 16/2018, an International Tender may be conducted if no capable or eligible domestic Economic Operator is available, and:
- The estimated value of goods and other services exceeds Rp 50 billion (approx. USD 4.5 million), or
- The estimated value of consulting services exceeds Rp 25 billion (approx. USD 2.25 million).
Additionally, foreign business entities selected through an International Tender must collaborate with national business entities via a consortium, subcontract, or other forms of cooperation.
Coverage Horizontal

INDONESIA

Since March 2018, last amended in February 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Regulation of the President of the Republic of Indonesia No. 16 of 2018 on Government Procurement
Art. 66 of Presidential Regulation No. 16/2018 provides that the ministries, institutions and regional apparatuses are obligated to use domestic products. Procurement of imported goods may be conducted in the event that the goods cannot be produced domestically or that domestic production volume is unable to meet the demand.
Coverage Horizontal

INDONESIA

Since October 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Surrender of patents, source code or trade secrets to win public tenders/Restrictions on technology standards for public tenders
Government Regulation No. 71/2019 on the Provision of Electronic System and Transaction (Peraturan Pemerintah (PP) Nomor 71 Tahun 2019 Penyelenggaraan Sistem dan Transaksi Elektronik)
Art. 9 of the Government Regulation No. 71/2019 requires that providers of bespoke software must provide or escrow the source codes associated with their service. The requirement applies to Electronic System Providers for public scope. This requirement was already contained in Art. 8 of Government Regulation No. 82/2012, which was repealed by Government Regulation No. 71/2019.
Coverage Electronic systems operators for public scope

KOREA

Since March 2002, last amended in June 2012

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Act on the Consumer Protection in Electronic Commerce Transactions etc. - Act No. 10303 (전자상거래 등에서의 소비자보호에 관한 법률)
The Act on Consumer Protection in Electronic Commerce Transactions provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

KOREA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Korea has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

KOREA

Since 1999

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Korea has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

KOREA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Korea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

KOREA

Since March 2004, last amended in March 2016

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Notice of Import Customs Clearance for Express Goods (특송물품 수입통관 사무처리에 관한 고시)
According to Art. 9 of the Notice of Import Customs Clearance for Express Goods, as amended in 2016 to increase the value of the de minimis rule, the de minimis threshold, meaning the minimum value of goods below which customs do not charge duties, is USD 150, which is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). This threshold applies to goods for personal consumption and samples not exceeding USD 150, with an exception for trade with the U.S. and Puerto Rico, where the threshold is USD 200 as per the Korea-US FTA, allowing these goods to be exempt from taxes and duties collected by customs.
Coverage Horizontal

KOREA

N/A

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Domain Name Management Rules
According to Art. 4 of the Domain Name Management Rules set forth by the Korea Internet & Security Agency (KISA), domain name registrants must have a postal address of their place of residence in Korea. In addition, it is reported that a Copy of Company registration in Korea with proof of company address in both English and Korean languages is required for registration and that a Korean-based administrative contact is mandatory.
Coverage Horizontal

KOREA

Since March 2011, as amended in 2023, last amended in 2025

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Personal Information Protection Act No. 10465 (개인정보 보호법)
Under Art. 31-2.1 of Personal Information Protection Act, a data handler without an address or business office in Korea must designate a local representative in writing if they meet certain criteria, such as revenue thresholds and the volume of personal data retained.
Coverage Horizontal

KOREA

Since September 2018

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Act on Promotion of Information and Communications Network Utilization and Information Protection etc (정보통신망 이용촉진 및 정보보호 등에 관한 법률)
According to Art. 32 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, foreign IT service providers without an office in Korea are required to appoint a local agent responsible for ensuring compliance with data privacy regulations.
Coverage IT services

KOREA

Since October 2006, entry into force in April 2007, last amended in 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Act on Prevention of Divulgence and Protection of Industrial Technology (산업기술의 유출방지 및 보호에 관한 법률)
Art. 11 of the "Act on the Prevention of Divulgence and Protection of Industrial Technology" provides that when a target institution holding national core technology developed with government research and development subsidies intends to export such technology to a foreign enterprise or any other external entity, whether through sale, transfer or another means, it must obtain prior approval from the Minister of Trade, Industry and Energy. In reviewing an application for approval, the Minister may grant approval after assessing the potential effects of the export on national security, the national economy and other relevant interests, consulting with the head of the competent central governmental administrative authority, and obtaining deliberation by the Committee. Where a target institution holding and managing national core technology that is not subject to this approval requirement seeks to export such technology, it must submit a prior report to the Minister of Trade, Industry and Energy. Upon receiving this report, the Minister shall examine the likely impact of the proposed export on national security and any other pertinent factors, and shall accept the report if the export is deemed not to pose a serious risk to national security and to comply with the Act. The term national core technology refers to technology designated under Art. 9, the overseas divulgence of which could have a materially adverse effect on national security or on the development of the national economy, owing to its significant technological and economic value in domestic and international markets or its capacity to generate substantial growth in related industries.
Coverage National core technology

KOREA

Since December 1986, as amended in December 2008, last amended in June 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Foreign Trade Act (대외무역법)
Since 2008, the Foreign Trade Act has required a license prior to the export of strategic goods. These items include dual-use items. Among them, electronics (category 3), computers (category 4), telecommunications and information security (category 5), and sensors and lasers (category 6) are relevant to digital goods. These categories are controlled by the Ministry of Trade, Investment, and Energy.
Coverage Strategic goods

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