Cross-border data transfers are not only frequent, but often crucial components of everyday business.

Today’s patterns of global dataflow would be unrecognizable

to a technologist of 20 years ago, and developments in global

communication networks and business processes continue to

evolve at a rapid pace.

Advances in technology have enabled data to be moved

rapidly and stored indefinitely. This has delivered a host of business and user benefits, which include the ability to take advantage of a global distribution of work and knowledge, 24-hour business operations and convenience for users and customers. What it has also done, however, is expose business to a whole new world of vulnerability.

As we move data from data center to data center and/or across borders, security breaches become a big risk. There is also the potential to violate national and international data transfer regulations and privacy laws. These latter risks are becoming more common as more countries implement privacy laws that regulate cross-border data transfers. These laws typically forbid cross-border transfers unless certain conditions are met or impose regulatory obligations upon the transferring companies.

This article discusses best practices for minimizing risk and ensuring compliance with international privacy controls during data transfers for litigation, eDiscovery, regulatory proceedings and more.