Introduction - Data Transfer Agreements: What You Need to Know (02:40)
Many corporations have customers and data located around the world. This video features Peter Vogel and is intended to inform professionals on international law regarding transfers. This segment orients viewers to the topics that will be covered in this video including global organizations and data transfers, why jurisdictions regulate cross-border data transfers, and the new "Privacy Shield."
Data Transfers and the Protection of Corporate Data (05:07)
Businesses may not realize that a data transfer is international and subject to different jurisdictions. Vogel describes how complex the regulations are and the history of the "Safe Harbor" agreement. The Data Localization law negatively impacts the cloud industry.
European Union Data Protection Directive (05:39)
This law requires that data transfers can only occur outside the E.U. if the country ensures an adequate level of protection. The court of law invalidated the "Safe Harbor" law, likely due to revelations from documents released by Edward Snowden. Vogel describes legal ramifications of the "Privacy Shield."
E.U.-U.S. Privacy Shield (04:12)
Core principles include notice, choice, accountability for vendor agreements, security, data integrity and purpose limitation, access, and dispute resolution. Vogel shares his perspective on the "Privacy Shield." Post information about changes to the Terms-of-Service on the front page of the website.
Advice for Data Transfers (05:11)
Corporations need to ensure that it knows the location of its customers and where its data is being stored. Vogel describes the new compliance monitoring and dispute resolution mandates in the "Privacy Shield". Each state requires different data breach notifications; Great Britain will probably keep similar policies after Brexit.
Vogel explains that corporations are reticent to be certified by the Asia Pacific Economic Cooperation because they do not want their data transferred to some of its members. If a company has good policies to protect privacy and data, it does not matter in which country it resides. Corporations need to consult a lawyer who is aware of the data protection laws in the countries they do business.
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