Navigating Cross-Border Data Transfers in the Asia-Pacific region (APAC): Analyzing Legal Developments from 2021 to 2023

The Future of Privacy Forum (FPF) published an Issue Brief comparatively analyzing cross-border data transfer provisions in new data protection laws in the Asia-Pacific. Titled Navigating Cross-Border Data Transfers in the Asia-Pacific region (APAC): Analyzing Legal Developments from 2021 to 2023, the Issue Brief outlines key developments in cross-border data transfers in the Asia-Pacific in the last few years, and explores the potential impact on businesses operating in the APAC region.

Today, cross-border data transfers are pivotal in enabling the global digital economy and facilitating digital trade. These transfers allow businesses to provide services globally, while allowing individuals access to a wide range of digital services and platforms. Yet, cross-border data transfers also raise legitimate concerns regarding the protection of individuals’ privacy and security.

Amidst this tension, data protection laws attempt to strike a balance by requiring organizations to satisfy certain conditions to ensure that personal data is appropriately protected when it is transferred out of jurisdiction, absent special circumstances. Common conditions include:

• Assessment of the level of personal data protection in the destination jurisdiction (also known as “adequacy”);
• Adoption of safeguards, such as legally binding agreements or certifications or rules approved by a regulator;
• Consent from data subjects; and
• Necessity for various, specifically defined purposes.

To read more about the Issue Brief, check out the blog.