September 25, 2022

Volume XII, Number 268

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Formation of CBPR Forum Signals Continued Movement

As we have written in the past, APEC’s Cross-Border Privacy Rules (CBPR) program is intended to help companies more easily transfer personal data across borders. Participating companies complete self-assessments and participate with their local countries’ “accountability agent.” There are currently seven participating economies, which include the US, Canada, Japan. Those participating economies recently announced the development of a “Global CBPR Forum.” The Forum is tasked with, inter alia, creating an international certification system, reviewing members’ privacy standards, and ensuring that the program is “interoperable with other data protection and privacy frameworks.”

For companies interested in participating in the CBPR program, the current country accountability agents will continue to provide certifications, the US Department of Commerce clarified. There will be a transition from those agents to the process created by the CBPR Forum, but only upon 30 days prior notice. Those companies who currently have been certified under the existing system will be automatically recognized under the new regime.

Putting It Into Practice: While this announcement will not have an immediate effect on companies, it signals a desire by participating countries the streamlining and simplifying of the cross-border data transfer process.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume XII, Number 123
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About this Author

Liisa Thomas, Sheppard Mullin Law Firm, Chicago, Cybersecurity Law Attorney
Partner

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Co-Chair of the Privacy and Cybersecurity Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” Liisa is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and...

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