Data Privacy and Compliance for Cross-border Data Transfers
Protect the security and privacy of cross-border data transfers with expert legal support tailored to the regulatory requirements of your target foreign markets. Ensure compliance, mitigate risks, and maintain trust with clients and partners globally.
Why is Data Privacy and Compliance Relevant for SMEs?
Data privacy and compliance are crucial for SMEs operating in global markets. Ensuring the protection of personal data and compliance with international data protection regulations is essential for maintaining customer trust and avoiding legal penalties. Non-compliance can lead to significant fines and damage to a company's reputation.
Challenges Faced by SMEs in Data Privacy Compliance
Navigating Complex Regulations: SMEs must understand and comply with diverse international data protection laws, which can be complex and vary significantly across jurisdictions.
Cross-border Data Transfers: Ensuring lawful data transfers across borders requires meeting specific requirements, such as data localization, obtaining consents, and using standard contractual clauses.
Implementing Robust Data Security: SMEs need to implement strong security measures to protect personal data during international transfers, including encryption, access controls, and regular audits to mitigate the risk of data breaches.
Common Scenarios
Cross-border Services
Provision of professional or business services to foreign clients without establishing a physical presence.
Foreign Direct Investment
Investment in, setting up, managing, and closing business entities in foreign markets, including subsidiaries, partnerships, or joint ventures.
Employment and Workforce Management
Recruitment, management, and termination of employees and contractors in foreign markets, including remote/virtual workers.
eCommerce
Online sales or purchases across borders on eCommerce platforms or your own online shops.
Explore Legal Solutions by Country
Taiwan
Philippines
Canada
Hong Kong
Brazil
- Regulatory Requirements: The General Data Protection Law (LGPD) requires that cross-border transfers of personal data be conducted under adequate protection standards.
- Standard Contracts: Use of standard contractual clauses and binding corporate rules (BCRs) is necessary for international data transfers.
- Data Protection Impact Assessments: Organizations must conduct impact assessments to evaluate risks associated with data transfers.
India
- Regulatory Requirements: Personal Data Protection Bill (PDPB) governs data privacy. Transfers of sensitive personal data outside India require explicit consent and government approval.
- Data Localization: Critical personal data must be stored and processed in India, with some exceptions for transfers allowed with specific safeguards.
- Security Measures: Organizations must implement strong security controls to protect data during transfers, including encryption and access controls.
Vietnam
- Regulatory Requirements: Law on Cybersecurity mandates compliance for cross-border data transfers, including conducting data impact assessments.
- Data Localization: Personal data must be stored in Vietnam, with restrictions on transferring data abroad unless specific conditions are met.
- Security Measures: Organizations must adopt security measures to protect data during transfers, including encryption and regular audits.
China
- Regulatory Requirements: Cross-border data transfers must comply with the Personal Information Protection Law (PIPL) and Data Security Law (DSL).Specific requirements include conducting security assessments and obtaining approvals.
- Data Localization: Certain data, such as critical information infrastructure data, must be stored within China.
- Standard Contracts: Use of standard contractual clauses (SCCs) is required for transfers of personal data abroad, along with filing with the Cyberspace Administration of China (CAC).
U.S
Indonesia
- Regulatory Requirements: Personal Data Protection Law (PDPL) regulates cross-border data transfers, requiring data controllers to ensure adequate protection levels in recipient countries.
- Data Localization: Certain data types, such as public sector data, must be stored within Indonesia.
- Government Approval: Transfers of personal data abroad may require notification or approval from the Ministry of Communication and Informatics (MCI).
Malaysia
Thailand
Protecting Your Data Across Borders
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