The U.S. and 6 Other Nations Issue a Declaration on Global Cross-Border Privacy Rules (“CBPR”) and Announce Establishment of a Global CBPR Forum

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Building on the success of the Asia-Pacific Economic Cooperation (“APEC”) CBPR System and the APEC Privacy Recognition for Processors (“PRP”), on April 21, 2022 the U.S. Department of Commerce (DOC) announced the establishment of a Global CBPR Forum (the “Forum”). The general purpose of the Forum is to promote interoperability of different privacy regulatory regimes, with the aim of bridging different regulatory approaches to data protection and privacy.

The objectives of the Forum are to:

  • Establish an international certification system based on APEC’s CBPR and PRP Systems;

  • Support the free flow of data and effective data protection and privacy through promotion of the Global CBPR and PRP Systems;

  • Provide a forum for information exchange and cooperation on matters related to the Global CBPR and PRP Systems;

  • Periodically review data protection and privacy standards of member nations to ensure Global CBPR and PRP program requirements align with best practices; and

  • Promote interoperability with other data protection and privacy frameworks.

According to the announcement, the Forum will enable active multistakeholder participation in the Forum’s activities. These stakeholder activities will provide companies operating in the APEC economies and beyond opportunities to impact the shaping of the certification system and to make their views known on the vital issue of cross-border transfers of personal data.

According to the FAQ relating to the Forum, the Forum will consult with companies that are already certified in the APEC Systems to formally transition operations from APEC to the Forum. Such companies will be automatically recognized by the Forum. Per the FAQ, certified companies should reach out to their Accountability Agents for additional information relating to transitioning to the Forum.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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