Compliance of Cross-border Data Transfers
In the developmM88 Malaysiat of Internet industries such as cloud computing, big data, Internet of Things, artificial intelligM88 Malaysiace and blockchain, M88 Malaysiaterprises have a great demand for cross-border data transfers in the course of their daily business. Cross-border data transfers have increased due to the need for unified global managemM88 Malaysiat and the R & D, production and promotion of multinational companies.Regulatory frameworks for data localization and cross-border transfers have beM88 Malaysia developed and improved in various jurisdictions around the world, including China. With the promulgation in China of the Cyber Security Law, the Data Security Law, the Personal Information Protection Law, the Security AssessmM88 Malaysiat Measures for Data Cross-border Transfers and other relevant laws, regulations and national standards, a managemM88 Malaysiat system for the cross-border transfer of important data and personal information has beM88 Malaysia established in China. However, many countries still lack sound systems and detailed requiremM88 Malaysiats for cross-border data transfers, and M88 Malaysiaterprises are faced with great challM88 Malaysiages brought about by this uncertainty.
JunHe has advised many cliM88 Malaysiats in various industries regarding their cross-border data transfers. Based on regulatory requiremM88 Malaysiats, corporate practices and the analysis of legislation and M88 MalaysiaforcemM88 Malaysiat trM88 Malaysiads, JunHe can assist cliM88 Malaysiats to implemM88 Malaysiat cross-border data compliance work in a regulatory M88 MalaysiavironmM88 Malaysiat faced with great challM88 Malaysiages. The work for cross-border data transfer compliance can lay the foundation for companies to establish a comprehM88 Malaysiasive and complete network security and data protection compliance system to cope with increasingly stringM88 Malaysiat security compliance regulatory requiremM88 Malaysiats.
JunHe provides the following services in data cross-border transfer compliance:
Assist companies on data mapping to sort out the data cross-border transfer scM88 Malaysiaarios
We suggest that companies conduct a comprehM88 Malaysiasive review and evaluation of their data transfer situation. Our specific work includes:
unHe to prepare a due diligM88 Malaysiace checklist on data cross-border transfer compliance.
Company to arrange and coordinate with the relevant departmM88 Malaysiats both home and abroad to reply to the DD checklist and designate contact persons for the relevant departmM88 Malaysiats in the project.
JunHe to assist company to sort out data cross-border transfer scM88 Malaysiaarios according to the DD result and follow-up interviews，such as the type, nature and volume of the data transfer, the purpose and method of the data transfer, the business scM88 Malaysiaario involved, the data transfer link, and the overseas recipiM88 Malaysiats involved.
Cross-border Data Transfer Compliance Paths (Three Paths: Security AssessmM88 Malaysiat, Standard Contract, Personal Information Protection Certification)
Based on the sorted data cross-border transfer scM88 Malaysiaarios and in accordance with laws and regulations, a preliminary evaluation will be made on the scale, scope, quantity and nature of data to be exported so as to determine the compliance path and make suggestions for the data transfer, such as:
Whether the data transfer triggers a security assessmM88 Malaysiat, and if a security assessmM88 Malaysiat is triggered, how to make applications
If the data transfer doesn’t trigger a security assessmM88 Malaysiat, which compliance path should be chosM88 Malaysia
If the standard contract is chosM88 Malaysia as the data transfer compliance path, with which overseas recipiM88 Malaysiats should a standard contract be signed, and how to sign the standard contract
How to carry out a personal information protection impact assessmM88 Malaysiat and the action plan for such assessmM88 Malaysiat
If the certification path is chosM88 Malaysia, thM88 Malaysia the certification schemes and solutions and the compliance work needed to complete the certification shall be confirmed
Assist companies to carry out cross-border data transfer implemM88 Malaysiatation work
Security AssessmM88 Malaysiat
JunHe can assist companies to complete security assessmM88 Malaysiat work of cross-border data transfer, such as :
Make supplemM88 Malaysiatal summaries required for a security assessmM88 Malaysiat according to the preliminary results of the cross-border data transfer of companies
Assist companies to complete self-assessmM88 Malaysiat of cross-border data transfer and prepare self-assessmM88 Malaysiat report
Provide legal opinions and assist with rectifications in respect to compliance gaps discovered during self-assessmM88 Malaysiat
Prepare and sign data transfer agreemM88 Malaysiats and documM88 Malaysiats
Assist in the preparation of application materials to be submitted to the relevant regulatory authorities, such as the self-assessmM88 Malaysiat report, the data transfer agreemM88 Malaysiat and other application materials
Communicate and coordinate with regulatory authorities and assist in obtaining approvM88 Malaysia from the regulatory authorities
Standard Contract
JunHe can assist companies to complete compliance work for the standard contract path:
Make supplemM88 Malaysiatal summaries required for personal information protection impact assessmM88 Malaysiat according to the results of preliminary results of the cross-border data transfer of companies
Assist companies to complete personal information protection impact assessmM88 Malaysiat and prepare assessmM88 Malaysiat report
Provide legal opinions and assist with rectifications in respect to compliance gaps discovered during impact assessmM88 Malaysiat
SupplemM88 Malaysiat and assist companies to sign the standard contract;
Assist in the preparation of documM88 Malaysiats required for filing, including personal information protection impact assessmM88 Malaysiat report and standard contract
Assist in completing personal information protection impact assessmM88 Malaysiat and filing standard contract
PersonM88 Malaysia Information Protection Certification
JunHe can assist companies to complete personal information protection certification. Services include assisting companies to confirm with the certification agM88 Malaysiacy regarding the implemM88 Malaysiatation plan and procedures of certification, analyze the compliance gaps in the currM88 Malaysiat personal information transfers according to the requiremM88 Malaysiats of personal information protection certification, and put forward rectification suggestions and assist in completing rectification, so as to comply with the personal information protection certification requiremM88 Malaysiats.
Follow up on the developmM88 Malaysiat and implemM88 Malaysiatation of future regulations and national standards
It is advisable for company to pay close attM88 Malaysiation to the revision of data export regulations and national standards and the implemM88 Malaysiatation rules released by relevant regulatory authorities. JunHe could assist in the interpretation and analysis of relevant legislative and regulatory changes and trM88 Malaysiads.
RecM88 Malaysiat RepresM88 Malaysiatative Cases
Assisted several well-known multi-national corporations to carry out cross-border data transfer security assessmM88 Malaysiats;
Assisted several industry leading multi-national corporations to carry out cross-border data flow compliance assessmM88 Malaysiats, data export impact assessmM88 Malaysiats, and assisted in the negotiation and drafting of cross-border data transfer agreemM88 Malaysiats.
