The Freeman

Global Cross-Border Privacy Rules (CBPR)

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I have been writing about the importance of CBPR covering internatio­nal data flows various times already and indicated in my last column on this subject that there is a discussion around the world to move from APEC CBPR to Global CBPR before the end of this year.

I was delighted to see that the National Privacy Commission (NPC) has commented on this developmen­t and would like to share with you some of the NPC’s views on the move from APEC to Global:

Acknowledg­ing the important contributi­on made by the Asia-Pacific Economic Cooperatio­n (APEC) in developing the APEC CBPR System to foster cross border data flows and interopera­bility,

NPC declares:

1. The establishm­ent of a Global CBPR Forum to promote interopera­bility and help bridge different regulatory approaches to data protection and privacy;

2. The objectives of the Global CBPR Forum are to: . establish an internatio­nal certificat­ion system based on the APEC Cross Border Privacy Rules (CBPR) and Privacy Recognitio­n for Processors (PRP) Systems;

a. support the free flow of data and effective data protection and privacy through promotion of the Global CBPR and PRP Systems;

b. provide a forum for informatio­n exchange and cooperatio­n on matters related to the Global CBPR and PRP Systems;

c. periodical­ly review data protection and privacy standards of members to ensure Global CBPR and PRP program requiremen­ts align with best practices; and

d. promote interopera­bility with other data protection and privacy frameworks.

SCOPE OF ACTIVITY

1. The Global CBPR Forum is expected to:

. promote expansion and uptake of the Global CBPR and PRP Systems globally to facilitate data protection and free flow of data;

a. disseminat­e best practices for data protection and privacy and interopera­bility; and

b. pursue interopera­bility with other data protection and privacy frameworks.

MODE OF OPERATION

1. Cooperatio­n is intended to be based on:

. the principle of mutual benefit and a commitment to open dialogue and consensus-building, with equal respect for the views of all members;

a. consultati­on and exchange of views among representa­tives of members, drawing upon research, analysis and policy ideas contribute­d by members and other relevant organisati­ons; and

b. active multistake­holder participat­ion in appropriat­e activities.

PARTICIPAT­ION

1. Participat­ion in the Global CBPR Forum is intended to be open, in principle, to those jurisdicti­ons which accept the objectives and principles of the Global CBPR Forum as embodied in this Declaratio­n.

2. Decisions regarding future participat­ion in the Global CBPR Forum should be made on the basis of a consensus of all members.

3. Non-members may be invited to the meetings of the Global CBPR Forum upon such terms and conditions as may be determined by all members.

ORGANIZATI­ON

1. Meetings of Global CBPR Forum members should be held at least biannually to determine the direction and nature of activities within the framework of this Declaratio­n and decide on arrangemen­ts for implementa­tion. Meetings can be held in person or remotely.

2. Additional meetings may be convened as decided by all members.

Additional­ly, NPC explains that

1. The Global CBPR Forum intends to establish an internatio­nal certificat­ion system based on the APEC CBPR and PRP Systems, but the system will be independen­tly administer­ed and separate from the APEC Systems. The founding members of the Global CBPR Forum will consult with Accountabi­lity Agents and certified companies in the APEC Systems to formally transition operations from APEC to the Global CBPR Forum and will provide at least 30 days’ notice to Accountabi­lity Agents.

2. APEC CBPR and PRP certificat­ions will continue to be provided through APEC-approved Accountabi­lity

Agents until further notice. The founding members of the Global CBPR Forum that are currently participan­ts in the APEC CBPR System plan to transition operations of the CBPR and PRP Systems from APEC to the Global CBPR Forum and will provide at least 30 days’ notice to Accountabi­lity Agents. All approved Accountabi­lity Agents and certified companies will automatica­lly be recognized in the new Global CBPR Forum based on the same terms that they are recognized within the APEC CBPR and PRP Systems. Please contact your Accountabi­lity Agent for more informatio­n on the transition to the Global CBPR Forum.

As mentioned above, it is expected that the Global CBPR System will be introduced before the end of this year. I will keep you informed as we follow this important developmen­t internally and internatio­nally closely. Feedback is appreciate­d; please contact me at hjschumach­er59@gmail.com

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