7 Tips for Managing Cross-Border Data Transfers
Moving personal data across borders is a tricky path of perils. Here are some tips to help you avoid many of them.
Jim Koenig, co-chair of Troutman Pepper's Privacy + Cyber Practice Group, was quoted in the March 22, 2024 InformationWeek article, " 7 Tips for Managing Cross-Border Data Transfers."
"Increasingly, companies that want to mature and manage their cross-border data transfers are putting in place three-part vendor risk programs that include pre-contract assessments, contractual safeguards model privacy and data protection provisions and data processing addendums (DPAs), and post-contract audits."
The first ensures third parties meet your security requirements and provides an inventory of data transfers. The second – contractual safeguards model privacy and data protection provisions and DPAs – "define the specific uses and restrictions on secondary uses, including AI algorithm training, and compliance requirements."
And the last, post-contract audits, "assesses the recipient company's compliance with the applicable data transfer laws, such as EU GDPR, Saudia Arabia, China's PIPL and others, and specific contract requirements."
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"Often, lawyers assisting with data transfer compliance do not take the time to discover the specific data to be transferred and whether the data can be de-identified. The best protection for personal information under privacy and global data protection laws is not to have the data to begin with!"