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The Labyrinth of International Data Privacy Laws

Expanding internationally presents a complex legal landscape, particularly regarding data privacy regulations. Our team of experienced data privacy lawyers at Harris Sliwoski can help you navigate this labyrinth and ensure your business stays compliant across the globe.

The Evolving Landscape of Data Privacy

Data privacy laws and regulations are constantly evolving, with regions like the European Union (EU) implementing stringent regulations like the General Data Protection Regulation (GDPR). Similar regulations are being enacted in other parts of the world, including Latin America, Asia, and even some US states. Failing to comply with these regulations can result in significant fines and reputational damage.

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Our data privacy lawyers have extensive experience navigating the complexities of international data privacy laws. Here are some of the ways we can help your business:

• Compliance Strategy Development: We work with you to develop a comprehensive data privacy compliance strategy that considers the specific regulations of your target markets, including the GDPR, CCPA (California Consumer Privacy Act), and others.
• Data Mapping and Risk Assessment: We help you identify and map the personal data you collect, process, and store, assessing your risk of non-compliance with international data privacy regulations.
• Policy and Procedure Development: Our team drafts and implements data privacy policies and procedures that align with international data privacy regulations.
• Cross-Border Data Transfer Solutions: We develop strategies for compliant data transfer across borders, ensuring your business operates seamlessly while meeting international legal requirements.
• Vendor Management: We assist you in reviewing and negotiating data privacy provisions in vendor contracts to ensure your third-party relationships comply with relevant data privacy laws.
• Enforcement and Litigation: In the event of a data privacy breach or investigation, our team provides legal representation and guidance to help you navigate the complexities of enforcement actions.

Protecting Your Business, Globally

By partnering with Harris Sliwoski, you gain a trusted advisor with the expertise to guide you through the ever-changing landscape of international data privacy law. We help you protect your business, your customers’ data, and your reputation as you expand your global reach.

Navigating the Data Privacy Landscape by Region

Latin America. Data privacy regulations in Latin America are a patchwork, with some countries having comprehensive laws like Argentina’s Personal Data Protection Law, and others with sector-specific regulations. Understanding the specific nuances of each country’s data privacy framework is crucial for compliance. Harris Sliwoski’s lawyers can help you navigate this complex landscape and develop a tailored compliance strategy for your Latin American operations.

Mexico. Mexico’s Federal Law on Protection of Personal Data Held by Private Individuals (Ley Federal de Protección de Datos Personales en Posessión de los Particulares, or LFPDPPP) is a comprehensive data privacy law that grants individuals significant control over their personal data. Compliance with the LFPDPPP requires companies implement robust data security measures, obtain user consent for data collection and processing, and respond to individual data subject access requests. Our team — in tandem with our affiliated Mexican law firm — can assist you in understanding and meeting these requirements.

European Union. The European Union’s General Data Protection Regulation (GDPR) is arguably the most stringent data privacy law in the world. The GDPR applies to any organization processing the personal data of individuals in the EU, regardless of the organization’s location. Compliance with the GDPR requires a comprehensive data privacy program that includes measures like data minimization, privacy by design, and robust data security practices. Harris Sliwoski’s GDPR compliance team — made up of both American and EU lawyers — can help you develop and implement a program that meets the GDPR’s strict requirements.

Portugal. Portugal adheres to the General Data Protection Regulation (GDPR) as a member of the European Union. However, they also have supplementary national data privacy legislation. Our team stays current on the latest developments in Portuguese data privacy law, including any national laws that complement the GDPR. We can assist you in complying with these regulations and ensure your business operates lawfully in the Portuguese market.

Spain. Though the GDPR forms the foundation of data privacy regulation in Europe, some EU member states have enacted supplementary laws. In Spain, for example, the Spanish Organic Law on Data Protection (Ley Orgánica de Protección de Datos or LOPD) complements the GDPR by addressing specific areas like video surveillance and healthcare data. Our lawyers — both in the United States and in Spain — can ensure your compliance with both the GDPR and any relevant supplementary regulations in your target EU markets.

Australia. We understand the nuances of Australia’s data privacy regime, including the Australian Privacy Principles (APPs). We can help you develop a compliance strategy that considers the specific requirements for handling personal information in Australia.

Asia. Just like Latin America, data privacy regulations in Asia vary by country. Some countries, like China, have implemented comprehensive data privacy laws, while others have sector-specific regulations or are still in the process of developing their data privacy frameworks. Our data privacy team stays up-to-date on the evolving data privacy landscape in Asia, and we can help you develop a compliant data privacy strategy for your Asian operations.

China. China’s data privacy landscape can be particularly challenging to navigate due to the vague and evolving nature of its data privacy laws. Though China’s Personal Information Protection Law (PIPL) came into effect in November 2021, it’s crucial to understand that much of the regulatory environment surrounding data privacy remains unwritten. This means that established practices and interpretations by

Decisions on how to proceed with data privacy compliance in China can be colored by the Chinese government’s big picture views regarding your business and your data. China is increasingly concerned with national security and data sovereignty. The type of data you collect, where you store it, and your overall business model will all be factors Chinese governmental authorities will consider when evaluating your compliance efforts.

With our more than twenty years of day-to-day China experience, we understand the nuanced approach required for China data privacy, and we can help you navigate these complexities by:

• Understanding Your Risk Profile: We work with you to assess your business’s risk profile in China, considering factors like your industry, your data collection practices, and your overall China strategy and situation.
• Developing a Compliance Strategy Aligned with China’s Priorities: We help you develop a data privacy compliance strategy that not only meets the legal requirements but also demonstrates respect for China’s national security and data sovereignty concerns.
• Building Relationships with Key Stakeholders: Our team can leverage our network of contacts in China to help you build relationships with key stakeholders, such as government regulators and industry associations.

We can help develop you develop a data compliance strategy that protects your business while aligning with China’s big-picture goals. By partnering with Harris Sliwoski, you gain a trusted advisor with the experience and understanding necessary to navigate the full scope of China’s data privacy landscape.