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Dispatch from the Global Privacy Assembly: The brave new world of international data transfers
[…] between those regions and the rest of the world”. The European Commission has recently concluded adequacy talks with South Korea, after having created the largest area of free data flows for the EU with Japan, two years ago. “You will see more of that in the coming months and years, with other partners in […]

Event Report from DigitalxADB: Driving Digital Development across Asia and the Pacific
[…] global principles can be found in the OECD Privacy Guidelines, the APEC Privacy Principles, and for Southeast Asia, the ASEAN Principles for Data Protection, as well as free-trade agreements like the CPTPP and RCEP. At the same time, it is also necessary to adapt laws to local conditions – society, culture, and history. The […]

The Future is Open: The U.S. Turns to Open Banking
[…] data protection risks raised by increased sharing of banking data—even when sharing is directed by consumers. Introduction In July 2021, President Biden signed the Executive Order on Promoting Competition in the American Economy. The Executive Order takes a “whole of government approach” to enforcing antitrust laws across the economy, with clear implications for data […]

Five Things Lawyers Need to Know About AI
[…] difficult task. Alas, parties deploying—and thereby profiting from—AI can nonetheless be held liable for issues relating to a lack of transparency. Governance frameworks should include steps to promote transparency, whether preemptively or as required by industry- or jurisdiction-specific regulations. For example, the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA) […]

Event Report: From “Consent-Centric” Frameworks to Responsible Data Practices and Privacy Accountability in Asia Pacific
[…] payment platforms, because they exclusively use them on their phones. Understanding this reality (how users have never used a computer, but only mobile phones with preloaded apps, free allowances, etc.) is key to start thinking about designing consent, or even policymaking around consent. However, literacy is not necessarily a barrier, and it is not […]

Joint Project to Explore Limits of Consent in Asia-Pacific Data Privacy Regimes
[…] protection,” said new Manager of Asia-Pacific, Dr. Clarisse Girot. “Today, this approach has been called into question, and an increasing number of regulators and privacy professionals are promoting accountability over a consent-centric approach to data protection. However, the fragmentation of data protection laws in Asia Pacific is an obstacle to the development of common […]

China’s New Comprehensive Data Protection Law: Context, Stated Objectives, Key Provisions
[…] or “written consent” for specific processing of PI (Art. 14). Similar to the GDPR, individuals have the right to withdraw consent (Art. 15). Inspired by the “ freely given” validity condition under the GDPR, the PIPL also provides that handlers may not refuse to provide products or services on the basis that an individual […]

Future of Privacy Forum Launches its Asia-Pacific Office Led by Dr. Clarisse Girot
[…] Congress is expected to adopt the Personal Information Protection Law (PIPL) before the end of the year, while the process of adopting the Data Protection Bill of India could be concluded, after several years of waiting. These texts will be groundbreaking, if only because China and India are the two most populous countries in […]