Liabilities of Corporates as Electronic System Providers for the Spread of Personal Data of Peer-to-Peer Lending-Based Application Fintech Users

DOI

10.2991/978-94-6463-214-9_12How to use a DOI?

Keywords

Online Lending; Corporation; Electronic System Provider; Personal Data

Abstract

The popularity of peer-to-Peer Lending Financial Technology, or commonly known as online lending or loan, is growing in society especially during the pandemic. The improvement of online lending services has come as a business opportunity for most parties, affecting countless personal data collected by online-based loan service applications when consumers apply for loan program online. The liabilities of the corporates as electronic system providers that collect the data are vital to be investigated, especially regarding the companies providing loans online and disseminating user data when consumers fail to settle the debt. Law concerning Electronic Information and Transactions and Law concerning Personal Data Protection that serve as legal protection of the personal data do not clearly govern the liabilities over corporate negligence with their position as electronic system providers when the staff intentionally distributes and/or transmits and/or allow for access to the electronic information and/or electronic documents laden with mockery and defamation. This research was conducted based on a normative method, statutory, and conceptual approaches. The research results indicate that corporate liabilities for the dissemination of the data of the users of peer-to-peer lending are governed in Law concerning Electronic Information and Transactions and Law concerning Personal Data Protection but it is only restricted to intentional acts committed by companies. The dissemination of personal data caused by corporate negligence, however, is not governed strictly in laws in Indonesia.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Nurini Aprilianda
AU  - Mufatikhatul Farikhah
AU  - Ryan Ilham Fibriansyah
PY  - 2023
DA  - 2023/07/27
TI  - Liabilities of Corporates as Electronic System Providers for the Spread of Personal Data of Peer-to-Peer Lending-Based Application Fintech Users
BT  - Proceedings of the 1st Brawijaya International Conference on Business and Law (BICoBL 2022)
PB  - Atlantis Press
SP  - 107
EP  - 115
SN  - 2352-5428
UR  - https://doi.org/10.2991/978-94-6463-214-9_12
DO  - 10.2991/978-94-6463-214-9_12
ID  - Aprilianda2023
ER  -