Transferring Personal Data in Asia: A path to legal certainty and regional convergence?
Author: Asian Business Law Institute (June 2020)
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.
Despite differences between the philosophies and the regulatory structures of each regime, there exist enough connecting points between national frameworks which lawmakers, governments, and data protection regulators can capitalize on, so as to promote and ensure responsible data flows between jurisdictions.
Interoperability would be further enhanced by a common movement to align the standards by which legal grounds, mechanisms, and schemes for data transfers should be assessed. Alignment should be with a similarly high level of data protection so as to improve the situation of individuals and facilitate multi-jurisdictional compliance, as well as regulatory cooperation.
Alignment not just to a regional standard but to global standards is a worthwhile goal, especially given the integration of Asian economies in global trade and the increased privacy expectations of the Asian public.
This Review is supported by a comprehensive comparative Table of the rules relating to the transfer of personal data in 14 Asian jurisdictions.