Technology, Media & Telecommunications Committee

Beyond our Borders: Cross-border Challenges in Data Privacy

Session Synopsis:

In this increasingly interconnected global economy, the appetite for personal information has grown exponentially. This demand for data is, undoubtedly, on a collision course with the data protection regimes that are beginning to get traction. Thus, there is a need to identify issues concerning conflicting legal approaches to data privacy that affect compliance and cross-border data transfers. There is a need to put organizations in a better position to navigate the waters of data protection.


This session wishes to address three (3) key points in cross-border data transfers. First, this seeks to identify the challenges faced by counsel in dealing with competing multi-jurisdictional data protection regimes, i.e. the APEC CBPR and GDPR, as well as the relevant national laws. As these data protection regimes and national laws would, more often than not, require varying levels of data protection, counsel would have to be apprised of these nuances–allowing him to better structure cross-border data transfer arrangements. Second, this seeks to address the challenges in marrying these data protection regimes and the relevant national laws pertaining to data protection, as organizations would inevitably come face-to-face with these challenges in a multi-jurisdictional data transfer arrangement. Finally, this seeks to provide an assessment of the California Consumer Privacy Act especially with respect to the operations large-scale online providers and platforms. Considering its introduction of consumer options that could threaten established digital business models, there is no doubt that this law may have far-reaching implications to the outside world.



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