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Fieldfisher全球数据驻留风险管理_10页

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文本描述
MARCH 2015
Fieldfsher Report:
Managing Global Data Residency Risk
2Managing Global Data Residency Risk
Similarly, many other countries have begun to introduce °EU-
style± data residency rules (sometimes called data sovereignty
rules), prohibiting businesses from moving the personal data they
collect out-of-territory unless certain legal standards are fulflled.
It is an interesting statistic to note that, in 2011, 76 countries
had data protection laws; by September 2013, that number had
risen to 101 countries, with at least 20 more countries with data
protection bills on the books.1 The trend is clear ¨C the adoption of
data privacy laws is accelerating worldwide; and, with that, so
too will the adoption of data residency rules.
About this report
This report compiles our research across 47 key territories
worldwide to explore which of those territories have data
residency rules (if youˉre wondering, 94% do!), and the potential
for penalties where companies do not comply with these rules (in
89% of cases, local regulators can impose sanctions).
Specifcally, it also explores whether the adoption of a binding
business-wide data governance framework known as °Binding
Corporate Rules± (explained later in this report) enables
businesses to overcome these data export restrictions.Originally
an EU-invented solution to the issue of managing global exports
of data, this report demonstrates that the vast majority of
worldwide countries surveyed (including non-EU countries) now
recognize BCRs as a valid way to fulfl their local data residency
requirements.
We intend this report to be a living and breathing document that
we will expand and refresh in future years, so that it will serve as a
valuable resource to global businesses looking to make strategic
decisions about how to manage their international data exports.
We hope you fnd it useful, and welcome any and all feedback.
We live in an °always on±, interconnected, data-hungry world.
Our personal data is collected by our computers, our phones, and
our wearables (and goodness knows what else) and transferred,
in the blink of an eye, over Internet pipes to third party servers in
countries all around the world.Once there it is stored, analysed,
shared, monetised and subjected to a thousand other processing
operations that most of us have little knowledge about nor the
time to investigate and understand.
There are positives and negatives to the Information Age in which
we live.We receive wonderful, informative online services for
funds the majority of websites we visit.Cloud services enable
access to our fles in any place, at any time and from any device,
yet concerns persist about the security of data hosted and
which third parties may be accessing it.Law enforcement can
better identify and prevent would-be perpetrators of terrorist
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