Regulation of the Financial Services Authority No. 6/POJK.07/2022 on Consumer and General Public Protection Within the Financial Services Sector
Enforcement Date: 18 April 2022
- The list of Financial Services Business Actors (Pelaku Usaha Jasa Keuangan – “PUJK”) that are subject to consumer protection provisions has now been expanded to encompass 16 types of PUJK (conventional/sharia), including: 1) Commercial banks and rural banks; 2) Securities brokers; 3) Insurance and reinsurance companies; 4) Government-owned and private pawnshops; 5) Micro-financing agencies.
- PUJK are prohibited from engaging in various activities that involve the personal data/information of their consumers, including: 1) Providing such data/information to other parties; 2) Obliging consumers to grant approvals for the distribution of their data by PUJK as a requirement for the utilization of certain products/services; 3) Utilizing the personal data of any prospective consumers who have withdrawn their applications.
- During the marketing of any new products/services, PUJK should comply with various new provisions, including a prohibition on the marketing of any products/services to prospective consumers through personal communication facilities without approvals first being secured from said prospective consumers. Said approvals must be obtained prior to PUJK contacting and marketing their products/services to prospective consumers.
- Redefines various matters which are prohibited from being included in standard agreements (perjanjian baku), including the following prohibitions: 1) Stating that consumers may be subject to unilateral changes made by PUJK; 2) Stating that PUJK will bear limited responsibility in terms of any errors and/or acts of negligence that are committed by their staff and/or related third parties; 3) Stating that evidence available to consumers may be limited in cases where disputes arise in relation to agreements.
- More information on this regulation is provided in Hukumonline’s publication titled “OJK Updates Provisions on Consumer Protection: PUJK Prohibited from Marketing Products Through Personal Communication Facilities Prior to Securing Approvals,” as accessible to Hukumonline’s subscribers. For more details on the subscription, please contact Hukumonline’s team at firstname.lastname@example.org.
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