Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 2 - Apr/May/Jun 2024
 

Strengthening Cross-Border Data Privacy: The Launch of Global CBPR and Global PRP Systems

On 30 April 2024, the Global Cross-Border Privacy Rules ("CBPR") Forum announced the launch of the Global CBPR System and the Global Privacy Recognition for Processors ("PRP") System. This initiative paves the way for a more unified approach to cross-border data privacy. This follows on from the National Privacy Commission's participation in the Global CBPR Forum and Global Cooperation Arrangement for Privacy Enforcement ("CAPE") in March 2024. The Global CAPE is a multilateral arrangement for privacy enforcement authorities to collaborate and cooperate in cross-border data protection and privacy enforcement. Among the objectives of Global CAPE is to establish mechanisms for effective cross-border cooperation on the enforcement of data protection and privacy laws and the Global CBPR Framework.


The Global CBPR System is a voluntary accountability-based scheme to facilitate data protection and privacy respecting personal information flows across jurisdictions. This includes a set criterion for bodies to be recognised as Accountability Agents, who will assess and certify personal information controllers as being Global CBPR compliant. The Global PRP System represents the baseline requirements a personal information processor must meet in order to be recognised by an approved Accountability Agent and provide assurances with respect to the processor's data protection and privacy policies and practices. The Global CBPR Forum released a comprehensive set of policies, rules, guidelines, and questionnaires which will be used by Accountability Agents in assessing companies seeking certification as Global CBPR- and/or Global PRP-compliant.


To ensure transparency and clarity, the Global CBPR Forum also released a comprehensive set of policies, rules, and guidelines which explains the core elements of the Global CBPR and Global PRP Systems, their governance structure, and the roles and responsibilities of certified companies, Accountability Agents, Private Enforcement Authorities ("PEA") and Forum Members. To date, PEAs from 12 jurisdictions are members of the Global CAPE, including Australia, Bermuda, Canada, Dubai International Financial Center, Japan, South Korea, Mexico, the Philippines, Singapore, Chinese Taipei, United Kingdom, and the United States.



Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Gatmaytan Yap Patacsil Gutierrez
& Protacio (C&G Law)
30/F 88 Corporate Center
SedeƱo cor. Valero Streets
Salcedo Village, Makati City 1227
Philippines
http://www.cagatlaw.com


Contacts:

Ben Dominic R Yap
Managing Partner
D +632 8894 0377
F +632 8552 1978
bdryap@cagatlaw.com

Jaime Renato B Gatmaytan
Partner
D +632 8894 0377
F +632 8552 1978
jrbgatmaytan@cagatlaw.com

Norma Margarita B Patacsil
Partner
D +632 8894 0377
F +632 8552 1978
nmbpatacsil@cagatlaw.com

Anthony Mark A Gutierrez
Partner
D +632 8894 0377
F +632 8552 1978
amgutierrez@cagatlaw.com

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