Transferring Personal Data in Asia: A path to legal certainty and regional convergence

Carving a path to legal certainty and convergence between Asian frameworks on cross-border data flows

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This Comparative Review sets out proposals for how Asian public stakeholders may promote legal certainty and greater consistency between their respective laws and regulations on cross-border transfers of personal data in the region.

This Review is supported by a comprehensive comparative Table of the rules relating to the transfer of personal data in 14 Asian jurisdictions.

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Reviews

“The Personal Data Protection Commission is a strong supporter of ABLI’s initiatives to promote legal convergence in the Asia Pacific region where the data protection regulatory landscape is a diverse one. Given that the region is home to many fast growingdigital businesses, ABLI’s study with its detailed analysis will undoubtedly be well-appreciated by policy-makers, regulators and industry players. While the comparative study seeks to identify common grounds of the data protection principles underpinningthe different mechanisms for personal data transfers, it also highlights the legal uncertainties faced by businesses operating in multiple jurisdictions. This underscores the need for policymakers and regulators to work towards interoperability by establishing common practices, and data transfer mechanisms which will be recognised as sufficient for compliance in multiple jurisdictions. PDPC is honoured to have contributed to this study which we hope would pave the way for practical solutions that facilitate regional and global trusted cross-border data flows.”
Tan Kiat How, Chief Executive Officer at Infocomm Media Development Authority (IMDA), Personal Data Protection Commissioner, Singapore
 
“ABLI's survey is very important work as it will disseminate knowledge as to the grounds of data transfer and data monitoring legalities and mechanisms in different jurisdictions. Such a survey will help not only governments and regulators, but also students of and researchers in the subject generating wider debate on the comparative merits of the different regimes. It will also lead to greater understanding amongst nations and enhance international comity.”
Justice BN Srikrishna (retired), Supreme Court of India
 
“One of the starkest of areas of divergence between national data privacy laws is regulation of permitted grounds for transfers of personal data across national borders. Sometimes the divergences are unintentional. Sometimes they are unexplained, or simply inexplicable. Asian jurisdictions display more divergences than countries in other geographical regions. The first task step towards Asian harmonisation is coherence: to understand these divergences and the reasons for them. As with previous ABLI projects, the Asia Business Law Institute has boldly gone where no civil society organisation has gone before, carefully, expertly and constructively analysing national laws in our region. Another really useful and original contribution from the ABLI!”
Peter Leonard, Principal of Data Synergies and Professor of Practice, UNSW Business School, Australia
 
 

Index

Why this Review?
Key Findings
Collective Benefits of Legal Certainty & Convergence
Serializing the Causes of Legal Uncertainty & Fragmentation
Analysis of Asia's Frameworks & Recommendations for Convergence
'Adequacy & 'White Lists'
Self-assessment by the Exporting Organisation
Contractual Safeguards
Binding Corporate Rules
Certification
APEC Cross Border Privacy Rules
Codes of Conduct
Exemptions & Additional Legal Grounds for Transfers
Data Transfer Mechanisms & Localisation Laws
Overarching Policy Considerations
Acknowledgements
transferring personal data abli

About ABLI

Launched in January 2016, the Asian Business Law Institute (ABLI), a subsidiary of the Singapore Academy of Law, is a permanent institute based in Singapore that initiates, conducts and facilitates research with a view to providing practical guidance in the field of Asian legal development and promoting the convergence of Asian business laws. Its mission is to remove unnecessary or undesirable differences between Asian legal systems that pose obstacles to free and seamless trade.

ABLI’s long-term strategic direction in accordance with its aims is set by its Board of Governors chaired by The Honourable the Chief Justice Sundaresh Menon of the Supreme Court of Singapore. The Board comprises representatives from Australia, China, India and Singapore and other internationally renowned legal experts.

 
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