2017 was a momentous year for data protection and cyber security regulation globally, and it is noteworthy how significant the developments in the Asia-Pacific region were over the course of the year. Our Asia Pacific Data Protection and Cybersecurity Guide 2018: Shifting landscapes across the Asia-Pacific region provides an overview of regional developments in 2017 and what to look out for in 2018. It features a “heat map” comparing the regulatory environments in Asia’s key jurisdictions, individual country spotlights, and a guide with considerations for businesses setting up compliance programs.
On Monday, June 12, South Korea became the latest country approved to officially join the Asia-Pacific Economic Cooperation’s Cross-Border Privacy Rules system. It is the fifth APEC economy to participate in the system, joining the United States, Canada, Japan, and Mexico. To date, twenty companies—including Apple, Cisco, HP, IBM, Rackspace, and Workday—have been certified under CBPR.
Few areas of regulation are advancing as quickly in Asia as data privacy regulation. This year marks the tenth anniversary of the APEC Privacy Framework and we now see “European style” comprehensive data privacy regimes in a dozen jurisdictions across the Asia-Pacific region. Hogan Lovells data protection lawyers Mark Parsons and Eugene Low recently hosted in-person seminars at Hogan Lovells’ offices in Hong Kong to take stock of where Asia is in terms of data privacy regulation, and to help chart a roadmap to compliance. The focus of these discussions was on identifying “hot spots” for businesses operating across the region and pointing to practical measures and points of prioritisation. The discussions also considered steps to be taken to prepare for and react to data breach events, with a seasoned view of regulatory attitudes and approaches to enforcement and remediation.
On Thursday, 14 May, Hogan Lovells data protection lawyers Mark Parsons and Eugene Low will host an in-person discussion at Hogan Lovells’ offices in Hong Kong to take stock of where Asia is in terms of data privacy regulation, and to help chart a roadmap to compliance. The focus will be on identifying “hot spots” for businesses operating across the region and pointing to practical measures and points of prioritisation. The discussion will also consider steps to be taken to prepare for and react to breach events, with a seasoned view of regulatory attitudes and approaches to enforcement and remediation.
Asia has seen a proliferation of new and stepped-up data privacy laws in recent years. Many of these laws draw from a common source in the APEC Privacy Framework, a principles-based document that shares origins with Europe’s Directive 95/46. But regional framework notwithstanding, these laws have been implemented with unique features and important nuances in each jurisdiction across the Asia region. Critically, these laws are now being enforced, with high profile data security breaches and enforcement action regularly hitting the headlines in Asia, as elsewhere. Data privacy issues are now board level issues in Asia. Our Data Privacy Regulation Comes of Age in Asia gives an overview of regional developments and features a “heat map” that compares and contrasts regulatory standards and the enforcement environment in Asia’s key jurisdictions.
At the 35th annual Conference of Data Protection Authorities and Privacy Commissioners in Warsaw, Poland today, Hogan Lovells partner and privacy practice lead Christopher Wolf spoke on the issue of privacy and trade in light of the ongoing Transatlantic Trade and Investment Partnership negotiations between the EU and the U.S. This post contains prepared remarks to the commissioner’s on the need for interoperable cross-border privacy standards and the merits of the U.S. privacy regime.