Practice Areas / IT and AI / Cross-Border Data Transfers
Cross-Border Data Transfers
We advise businesses on cross-border data transfers, helping navigate international privacy laws, data protection requirements, transfer mechanisms, and regulatory compliance while enabling secure and efficient global data flows.
Navigating Innovation with Legal Clarity.
We advise businesses on cross-border data transfers, helping navigate international privacy laws, data protection requirements, transfer mechanisms, and regulatory compliance while enabling secure and efficient global data flows.
What We Handle
International data protection and privacy advisory: Advise on international data protection laws, privacy regulations, regulatory guidance and recognised standards governing the collection, storage, access, processing and transfer of personal data across jurisdictions, including data localisation and transfer restrictions.
Cross-border data flow and cloud architecture: Advise on structuring cross-border data flows as part of global SaaS deployments and cloud migration projects, including mapping data flows, assessing the jurisdictions in which data is collected, hosted, accessed and processed, and identifying transfer mechanisms and safeguards.
Technology and vendor contracting: Advise on the data protection and contractual aspects of cloud service provider, SaaS, hosting, outsourcing and technology vendor arrangements, including data processing obligations, sub-processing, security requirements, audit and compliance rights, government access, incident response, data return and deletion, and allocation of liability.
Representative Experience
Data protection and cloud migration. Advised on the data protection and contractual framework for the deployment of a global SaaS solution and migration of data and technology infrastructure to cloud environments across multiple jurisdictions.
Mapping and structuring international data flows. Advised on mapping and structuring international data flows, including the collection, storage, hosting, remote access, processing and onward transfer of personal data across jurisdictions with differing privacy and data localisation requirements. Assessed applicable cross-border transfer restrictions and localisation requirements, and advised on contractual, organisational and technical safeguards.
SaaS and ancillary documentation. Advised on the structuring and negotiation of SaaS, cloud services, data processing, hosting and third-party technology agreements, including allocation of responsibilities between the customer, SaaS provider, cloud service provider and sub-processors. Addressed data security, confidentiality, sub-processing, international transfers, government and law-enforcement access, breach notification, audit rights, data retention and deletion, data portability and exit arrangements, business continuity, and liability allocation. Coordinated the contractual and policy framework across jurisdictions to ensure the SaaS deployment and cloud migration could be implemented within a coherent global data governance model while accommodating local regulatory requirements.