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As GDPR Looms, Australia to Participate in APEC’s CBPR Program

Late last year, Australia’s Attorney General confirmed that Australia planned to participate in APEC’s Cross Border Privacy Rules (CBPR) system. The CBPR system was intended to help companies that want to transfer personal data across the borders of participating countries. Currently there are five participating countries: Canada, Japan, South Korea, Mexico, and the US. This scheme has been viewed by some as a hopeful complement to the Binding Corporate Rules concept under the EU Data Privacy Directive. In recognition of the overlap between the two, the Article 29 Working Party and the APEC Electronic Steering Group put together a checklist of the commonalities between Binding Corporate Rules and CBPR certification.

As next steps, Australia needs to finalize its participation in the program. It has indicated that it will be working with the Office of the Australian Information Commission (OAIC) and businesses to implement the CBPR system. Then, Accountability Agents will conduct certifications on Australian companies who are interested in participating. It remains to be seen how the CBPR system, which has been expanding, will be impacted after the May 2018 implementation of GDPR.

Putting it Into Practice: This approval shows that governments are continuing to think about how they can help companies address the need to transfer data across borders while addressing varying privacy requirements.

Copyright © 2021, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume VIII, Number 11
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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...

312-499-6335
Mukund H. Sharma, Sheppard Mullin Law firm, Intellectual Property Lawyer
Associate

Mukund Sharma is an associate in the Intellectual Property Practice Group in the firm's Palo Alto office.

Areas of Practice

Mr. Sharma specializes in all areas of intellectual property law, with emphases in patent prosecution, patent litigation, and strategic patent counseling, particularly in the electrical, computer, and mechanical arts. 

Mr. Sharma was previously an Assistant Federal Public Defender for the District of Nevada and may renew an inactive Top-Secret TS/SCI security...

650-815-2645
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