Zacky is the head of our Technology, Media & Telecommunications (TMT) Practice and has an in-depth experience on regulatory issues concerning a full spectrum of TMT matters. Our TMT Practice provides substantive input on transactions managed by other practice groups, such as mergers and acquisitions, banking and finance and projects, capital markets, and competition.

The TMT mandates that Zacky has been involved in include, among others, allocation of spectrum frequency for the telecommunication and broadcasting sector, allocation of spectrum frequency for the telecommunication and broadcasting sector, financial innovation, digital technology and payment gateway, platform based peer-to-peer lending, advising and drafting information and technology contracts, and cross ownership compliance in the broadcasting, radio and print media.

Aside from advising and representing clients, Zacky has been active in providing substantive input during the discussion stages for various draft regulations being prepared by the Indonesian government – for example, regulations on network sharing and OTT services. Zacky also regularly speaks at industry and public seminars, in-house counsel forums, and corporate events related to TMT issues.

EXPERIENCE

Personal Data Protection

  • Reviewed the personal data policy of a regional broadcasting company for their video on demand services to be launched in Indonesia.
  • Assisted a Japanese based information technology solution provider on matters pertaining to data protection and system security.
  • Advised a major European carmaker with data privacy issues.
  • Assisted a global web search company on various issues, including data centre, personal data protection and telecommunication.
  • Drafted a personal data policy for one of Indonesia’s major telecommunication company.
  • Advised an Indonesian data analytics company on their business model, data management and data policies.
  • Assisted an international online market research company with its privacy and cookies policy.
  • Presented Indonesia’s personal data protection framework to a major foreign owned insurance company operating in Indonesia.
  • Advised several Chinese cellular handset manufacturer on expanding their business in Indonesia, which includes matters related to personal data protection.
  • Presented Indonesia’s personal data protection framework for a major Chinese technology company.
  • Reviewed the personal data policy of an international agricultural company.
  • Reviewed the personal data policy of an international cosmetics company and retailer.
  • Assisted a leading social media company on various matters, including personal data protection.

Telecommunications, Infrastructure & Information Technology

  • Assisted an Indonesian telecommunication network provider in assessing the legality of the proposed network sharing arrangement.
  • Assisted one of Indonesia’s leading banks in resolving contractual dispute over IT software license agreement.
  • Advised on queries pertaining to telecommunication service license.
  • Assisted a global web search company on matters pertaining to telecommunication frequency, infrastructure, and equipment certification.
  • Advised a Chinese cellular handset manufacturer on domestic content issues for 4G equipment.
  • Assisted a leading social media company on matters pertaining to net neutrality and provision of network access service.
  • Advised an Indonesian telecommunication network provider on provision of data analytics services and prepare relevant documentations.
  • Assisted a joint venture telecommunication service provider with its operational agreements, which include data centre services, software as a service (SaaS) and infrastructure as a service (IaaS).
  • Assisted a global R&D and IT company on matters pertaining usage of radio spectrum frequency in Indonesia.
  • Assisted a regional mobile virtual network operator (MVNO) in structuring and delivering its services in Indonesia.

Financial Technology and Payment Systems

  • Assisted a leading online marketplace and hospitality service with queries pertaining to payment system, remittance and cash advance.
  • Advised a global private investment group in its intended investment in the peer-to-peer lending sector in Indonesia.

Over-the-Top (OTT) Services and E-Commerce

  • Assisted the digital arm of a regional telecommunication service provider with their offshore content issues.
  • Advised a major messaging application on its service offering and applicable tariff.
  • Advised a Chinese cellular handset manufacturer on issues pertaining to development of in-built application.
  • Assisted a major Japanese game developer and publisher on provision of its services in Indonesia.
  • Assisted a regional content and video on demand company on its operation in Indonesia.
  • Advised a joint venture motorcycle manufacturing company on its proposed development of cloud-based application and related data privacy issues.
  • Advised a global programmatic marketing company with its form of marketplace service agreement.

Data Analytics and System Security

  • Advised an Indonesian data analytics company on provision of its services to various Indonesian corporates.
  • Advised a multinational company on a series of questions pertaining to cybersecurity.

Transactions 

  • Assisted an investor in a proposed acquisition of interest in online game developer.
  • Acted for a State-owned fund in guaranteeing a telecommunication infrastructure project.
  • Acted for an Indonesian data analytics company on its proposed acquisition of an Indonesia arm of an international software company.
  • Assisted a foreign investor in acquiring an interest in the construction and deployment of submarine cable.
  • Acted for a US venture capital in its proposed investment in an Indonesian online transportation and services company.
  • Assist a US-based licensed software company in its proposed acquisition of an Indonesian company.
  • Assist a Chinese game publisher with substantial market presence in Indonesia in its proposed listing in the US.

PUBLICATIONS

  • “Indonesia revisits online taxi issue”, Asian-Mena Counsel, Volume 14 Issue 10 (2017).
  • “Personal data protection: Dawn of a new era”, Asian-Mena Counsel, Volume 14 Issue 6 (2017).
  •  “Tech regulations need public consultation” (Opinion and Editorial), The Jakarta Post (June 27, 2016)
  •  “How Personal Data is Defined in Indonesia’s Upcoming Personal Data Protection Rules”, Data Privacy Asia Newsletter (March 2016).
  • “Understanding disruption and policy options” (Opinion and Editorial, The Jakarta Post (March 29, 2016).
  • Indonesian Chapter, The Merger Control Review, 1st Edition (September 2010).
  • “Bank Deposit Guarantee Scheme: Indonesia” (Banking Law News Vol. 17 No. 2), International Bar Association Legal Practice Division (September 2010).
  • “M-Payments: Indonesia” (Banking Law Newsletter Vol. 16 No. 1), International Bar Association Legal Practice Division (May 2009).
  • “Justice System Slowly Beginning to Reform” (Opinion and Editorial), The Jakarta Post (April 13, 2004).
  • “Supreme Court Blueprint: An Innovative Reform Plan” (Opinion and Editorial), The Jakarta Post (November 13, 2003).

Location(s)

Practice Area(s)

Qualifications

  • LL.B., (Hons), University of Indonesia
  • LL.M., Georgetown University
  • MPM., National University of Singapore/Harvard University
  • Licensed to practice law as an advocate by the Indonesian Bar Association (PERADI)

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