Cross-Border Data Flow

On March 22, 2024, the Cyberspace Administration of China issued the Provisions on Facilitation and Regulation of Cross-Border Data Flows, which were effective the same day. The CAC also held a press conference to introduce and explain the Provisions. This blog entry provides a summary of the Provisions.
Continue Reading New Era of Regulation for Cross-Border Transfers in China

On March 20, 2024, the U.S. House of Representatives passed legislation that will prohibit data brokers from transferring U.S. residents’ sensitive personal data to foreign adversaries, including China and Russia. The Protecting Americans’ Data from Foreign Adversaries Act of 2024 marks a significant development in executive and legislative action related to foreign access to U.S. data.
Continue Reading House Passes the Protecting Americans’ Data from Foreign Adversaries Act

President Biden recently released an Executive Order “addressing the extraordinary and unusual national security threat posed by the continued effort of certain countries of concern to access Americans’ bulk sensitive personal data and certain U.S. Government-related data.”
Continue Reading DOJ Regulations and White House Executive Order Will Target Protections for Americans’ Sensitive Personal Data Against Foreign Threat Actors

On February 20, 2024, The Centre for Information Policy Leadership at Hunton Andrews Kurth LLP and Theodore Christakis, Professor of International, European and Digital Law at University Grenoble Alpes, released a comprehensive study titled The “Zero Risk” Fallacy: International Data Transfers, Foreign Governments’ Access to Data and the Need for a Risk-Based Approach.
Continue Reading CIPL Publishes The Zero Risk Fallacy Paper

Recent developments in the Shanghai Pilot Free Trade Zone to facilitate cross-border data transfers are expected to provide greater flexibility in exporting data from China, which has been stymied by the Cyberspace Administration of China’s strict cross-border data transfer regulations proposed in December 2023.
Continue Reading China Plans to Accelerate Cross-Border Data Transfers by Implementing Trial Rules in Shanghai Pilot Free Trade Zone

On October 18, 2023, the Centre for Information Policy Leadership published an opinion piece in the leading European policy outlet, Euractiv, titled “The Time is Now: Why modernising transatlantic cooperation on cross-border law enforcement access to electronic evidence should be a priority.”
Continue Reading The Time is Now: Why Modernising Transatlantic Cooperation on Cross-Border Law Enforcement Access to Electronic Evidence Should Be a Priority