28 May 2018
Second publication in ABLI Legal Convergence Series released
ABLI is delighted to announce the release of the second publication in the “ABLI Legal Convergence Series”, a compendium of jurisdictional reports written by legal practitioners, scholars and researchers on the regulation of cross-border data transfers in China, Hong Kong SAR, India, Indonesia, Japan, South Korea, Macau SAR, Malaysia, New Zealand, Philippines, Singapore, Thailand and Vietnam.
The compendium is freely available on ABLI’s website here.
The first of its kind in Asia, this compendium provides a holistic study of the regulation of data transfers in these 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.
ABLI is delighted that several governments, data privacy regulators and international organisations have already expressed their intention to make use of the compendium in their current work on the development or amendment of data privacy laws in their respective jurisdictions.
The compendium is the output of the first part of ABLI's project 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. It 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.
This publication is, thus, a pivotal step in ABLI’s Data Privacy Project. It is also significant as it materialises the work and effort put into ABLI’s Data Privacy Project by its many contributors over the past months, to whom ABLI expresses its sincere gratitude.
“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.