Regulation of Cross-border Transfers of Personal Data in Asia

A compendium of 14 reports by the Asian Business Law Institute

 

This is the second publication in the “ABLI Legal Convergence Series”.  It was launched on 28 May 2018.

The compendium contains 14 detailed reports written by legal practitioners, legal scholars and researchers in their respective jurisdictions, on the regulation of cross-border data transfers in the wider Asian region (Australia, China, Hong Kong SAR, India, Indonesia, Japan, South Korea, Macau SAR, Malaysia, New Zealand, Philippines, Singapore, Thailand, and Vietnam).  The list of contributors can be found here.

 

The compendium is freely available here.

 

The compendium is the output of the first part of ABLI's project, which aims to promote the convergence of transfer regulations in data privacy laws, and thus build a shared legal ecosystem for cross-border data flows in Asia.

The first of its kind in Asia, this compendium provides a holistic study of the regulation of data transfers in these different jurisdictions, which goes beyond a mere study of data transfer provisions in Asian data privacy laws to address the wider spectrum of issues that have an impact on the legal framework of cross-border data flows. It is designed for governments, data privacy regulators, law practitioners and industry, in Asia and beyond, to understand the scope, the operation and the implementation of regulations applicable to data transfers and data localisation requirements in the region.

The compendium also acts as a springboard for the next phase of ABLI's project, which will be devoted to the in-depth study of the differences and commonalities between Asian legal systems on these issues and – where feasible – the drafting of recommendations and/or policy options to achieve convergence in this area of law in Asia.  The issues covered in this second phase have been selected with input from the jurisdictional reporters, public and private stakeholders across the region, and based on recommendations of relevant international organisations. They are consistently addressed in the reports so as to enable comparisons, and also formed the basis of discussions at the Data Privacy Forum hosted by ABLI in Singapore on 7 February 2018.

 

Taken together, the reports offer a comprehensive survey of the regulatory landscape as it relates to cross-border data flows and data localisation obligations in 14 Asian jurisdictions and I have no doubt that they will prove to be valuable resource, not only to practitioners but also to regulators and policymakers both in Asia and beyond”. The Honourable the Chief Justice Sundaresh Menon, Supreme Court of Singapore and Chair of ABLI’s Board of Governors.

 

The genuine desire for convergence and the interest in the Data Privacy Project which ABLI has witnessed over the past year certainly create the right conditions for the project to bear fruit. The publication of this compendium is in effect a sign that legal convergence in this area of law is a shared objective”. Dr Clarisse Girot, ABLI’s Senior Research Fellow and Data Privacy Project Lead.

 

Link to the compendium launch flyer here.

Link to the draft news release here.

 

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