DLA Piper’s Data Protection Laws of the World

DLA Piper’s Data Protection Laws of the World

March 2012

Abstract

More than ever it is crucial that organisations protect and safeguard personal information and manage their legal responsibilities in relation to processing personal data consistent with applicable data protection legislation.

A well-constructed and comprehensive compliance program can provide a solution to these various competing interests and so represents an effective risk-management tool. This handbook sets out an overview of the applicable privacy and data protection laws and regulations across 58 different jurisdictions to guide you through this complex area of compliance.

Should you require further guidance, please do not hesitate to contact us.

Cameron Craig
Partner and Head of EU Information Law Team
T +44 (0)207 796 6574
M +44 (0)7971142352
cameron.craig@dlapiper.com

Jim Halpert
Partner and Head of US Information Law Team
T +1 202 799 4441
M +1 202 276 5476
jim.halpert@dlapiper.com

Matt Glynn
Partner and Head of Asia-Pac Information Law Team
T +65 9634 3316 (Singapore)
M +852 9634 8999 (Hong Kong)
matt.glynn@dlapiper.com

Introduction

Welcome to the first edition of DLA Piper’s Data Protection Laws of the World. We are witnessing a period of unprecedented activity in the development of data protection law around the world which will have a profound impact on the way in which global businesses are required to approach the collection and use of personal information.

These changes are being driven largely by cultural and trade considerations, and by a struggle to keep pace with emerging technology and on-line business methods. The proposal for a new EU data protection law published by the European Commission on 25 January 2012 is likely to effect a fundamental change in approach to the existing EU framework. However, of equal significance is the emergence of laws in countries which previously had no data protection law in place, including a large number of countries in Asia, Latin America, and the Middle East.

This handbook offers a high-level snapshot of selected features of national laws as they currently stand in 58 jurisdictions across the world. It is intended to provide a quick overview of features of data protection law that are often of greatest practical significance to businesses, such as international data transfer restrictions, security obligations and breach notification requirements. We have also included a section on enforcement, as this is always an important consideration in assessing the risk presented by any jurisdiction.

The handbook is not a substitute for legal advice. It does not cover all aspects of the legal regimes surveyed, such as specific sectorial requirements. Furthermore, enforcement climates and legal requirements in this area continue to evolve. Most fundamentally, knowing high-level principles of law is just one of the components required to shape and to implement a successful global data protection compliance program.

DLA Piper’s global data protection team has the deep experience and international reach to help global businesses develop and implement achievable compliance solutions to the myriad data protection laws that apply to global businesses. We have drawn upon our experience of advising on many large data protection projects to develop a standard methodology and proven tools to help businesses achieve a cost-effective robust compliance structure. Should you require further guidance, please do not hesitate to contact us.

Editors’ Foreword

We would like to thank the contributors for their invaluable input to this work. Inevitably such a work will be out of date almost as soon as it is published. We aim to issue updates to address major developments in the international data protection landscape.

Editors

Cameron Craig
Partner and Head of EU Information Law Team
cameron.craig@dlapiper.com

Paul McCormack
Solicitor and EU Information Law Team
paul.mccormack@dlapiper.com

Jim Halpert
Partner and Head of US Information Law Team
jim.halpert@dlapiper.com

Kate Lucente
Associate and US Information Law Team
kate.lucente@dlapiper.com

Arthur Cheuk
Associate and AsiaPac Information Law Team
arthur.cheuk@dlapiper.com

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Acknowledgement and Disclaimer

This handbook is provided to you as a courtesy, and it does not establish a client relationship between EDRM, DLA Piper and you, or any other person or entity that receives it. It provides a general overview of the data protection regime currently in force in 58 jurisdictions. It is a general reference document and should not be relied upon as legal advice. The application and effect of any law or regulation upon a particular situation can vary depending upon the specific facts and circumstances, and so you should consult with a lawyer regarding the impact of any of these regimes in any particular instance.

EDRM, DLA Piper and the other contributing law firms accept no liability for errors or omissions appearing in the handbook and, in addition, EDRM and DLA Piper accepts no liability at all for the content provided by the other contributing law firms. Please note that privacy and information law is dynamic, and the legal regime in the countries surveyed could change.

No part of this publication may be reproduced or transmitted in any form without the prior consent of the DLA Piper.

Copyright © 2012 DLA Piper. All rights reserved. | MAR12 | 2183465

This publication has been reproduced by EDRM with the prior consent of DLA Piper.

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