[Petikan UU-ITE] Cybersquatting, HAKI dan Perlindungan Data Pribadi

Sonny Zulhuda: UU ITE does cover more than what its name implies. This e-commerce law (note the name ‘e-Transaction’ ) does not only cover contractual issues, but also others such as evidentiary aspects, content regulation, cyber-squatting, IP and personal data protection, and also range of cybercrimes, although some aspects are dealt with in more details than others. This is one reason why this Indonesia’s first cyberlaw is distinct from other e-transaction laws in major countries and that in the UNCITRAL model law. In this respect, India is notably having similar approach.

In the following excerpt, one can find that the law provides some ruling on the cybersquatting, domain names management, protection of Intellectual Property Rights (IPR), and the personal data protection. The last two issues are touched in very minimum provisions, likely due to different reasons. While it is quite clear that regulations on IPR is minimum due to the existence of specific existing laws, it is not yet clear as to the Parliament’s intention in prescribing very minimum provisions on personal data protection. One may argue that the law on data protection should be specifically drafted on its own in near future.

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Cybersquatting and Some Legal Concerns Surrounding Corporate Websites

By Sonny Zulhuda

Introduction

The corporate world today has grabbed the efficiencies of information and communications technology (ICT) in its maximum use. Regardless the size and area of industries, workplaces have been equipped with cutting-edge tools of the computers technology and connected to the Internet. With the adoption of electronic tools such as computers, Internet or Intranet, businesses have been operated more or less electronic way. Meeting notices are no longer served by printed paper, and personal data of employees and customers are no longer kept on bulk of papers previously stored in wooden or metal cabinets. In large extent, the electronic mail (email) and electronic storage have been used to replace traditional way of doing business.

Websites have now become a virtual address of companies. They are used to publish companies’ profile, products, promotions, activities, as well as interactive portals. In Malaysia, for public listed companies alone, there are already 225 public listed companies that have website for their business operations, ranging from merely informational sites to commercially designed and transactional websites (Source: Bursa Malaysia). Besides, more and more government agencies are also posting their websites in the World Wide Web.

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