JURIDICAL ANALYSIS OF THE INCLUSION OF AN EXONERATION CLAUSE ON SPAYLATER SHOPEE APPLICATION RELATED TO ELECTRONIC SIGNATURE LEAKAGE

Abstract

This study examines regarding the SpayLater service the validity of the exoneration clause related to electronic signature breaches, and who should be held liable if such a breach occurs. The methodology employed is a normative legal approach, focusing on legislation and conceptual analysis. Based on the analysis, the exoneration clause contained in the SpayLater agreement which essentially exempts PT Commerce Finance and Privy from liability for the consequences of an electronic signature breach is deemed to violate Article 18(1)(a) of Law No. 8 of 1999 on Consumer Protection. Furthermore, this clause also violates the requirements for the validity of a contract, specifically the fourth requirement known as the objective requirement as stipulated in Article 1320 of the Civil Code. Consequently, the clause is declared null and void. Meanwhile, regarding liability for the data breach, this study confirms that Shopee, as the controller of personal data, and Privy, as the processor of personal data, bear liability under Law No. 27 of 2022 on Personal Data Protection. Shopee and Privy are obligated to ensure the security of the electronic systems they use.