Cross-border data transfers happen every time you send information from one country to another. From your email sent to a client to ediscovery investigations that pull data from multiple continents, all these create compliance challenges that can cost millions if you get them wrong.
According to BARR Advisory, data breaches now cost companies an average of $4.44 million globally. The situation gets worse when you're moving data across borders. Your data and compliance strategy don't stop at national boundaries.
From GDPR in Europe to CCPA in California, companies face a lot of regulations. Luckily, the information governance software can help you deal with this complexity. It guides you on how to move data across borders safely, maintain compliance, and protect your business.
Cross-border data transfers happen more often than you think. Here are examples:
All these situations allow sensitive data to cross national borders. As a result, you need cross-border compliance requirements in both the sending and receiving countries.
If you want global data protection, you need to track these movements. According to the OECD, nearly 100 data privacy regulations were in place across 40 countries by early 2023.
Data moves across borders through multiple channels. Knowing what pathways are used helps you build better information governance software controls. Electronic transfer methods include:
Additionally, data can be transferred physically. It entails:
Electronic transfers happen instantly but leave digital trails. Physical transfers take time but create different security risks. Your ediscovery and retention policies need to account for both types.
Yes, but only if you follow specific rules. The European Commission approved the EU-US Data Privacy Framework on July 10, 2023. Companies can now transfer data if they certify with the framework in the following ways:
US surveillance laws still worry European regulators. The Irish Data Protection Commission fined Meta €1.2 billion in 2023 for inadequate transfer protections. This situation shows that data transfer challenges remain even with frameworks in place.
Cross-border compliance for US companies means:
For ediscovery for corporations, there may be challenges. Legal teams need access to data quickly, but they can't just pull European data to US servers without proper safeguards. The process must respect both US discovery rules and EU privacy rights.
The right to data portability offers powerful GDPR protection. Here are the key aspects of data portability:
This right transforms international data management. Companies must design systems that can export user data easily. Your software needs built-in portability features to work efficiently.
Data transfer challenges impact every industry. However, smart strategies can reduce your risk. Here are solutions that work:
Dealing with eDiscovery across borders need specialized knowledge. To improve compliance, work with providers who understand multiple jurisdictions.
Invest in information governance software that automatically tracks data flows. Tools that map where data lives and who accesses it save countless hours.
Your legal hold process should address international data management from day one. Document everything, train your team, and test regularly.
Only transfer what you absolutely need. Less data means less risk. It also speeds up ediscovery and retention processes.
Protect data in transit and at rest. Strong encryption helps satisfy adequacy requirements in many jurisdictions.
The rule requires companies to protect personal data when moving it between countries. GDPR Article 45 states that data can only be transferred to countries with adequate protection levels.
The European Commission evaluates third-world countries and issues adequacy decisions. Without adequacy, companies must use Standard Contractual Clauses, Binding Corporate Rules, or other approved mechanisms.
Transfer speed depends on the method and volume. Electronic transfers through secure networks happen instantly. However, the legal hold process and compliance checks can add days or weeks.
Physical transfers like shipping hard drives take longer. International shipping can take 3-7 business days, but customs clearance can add delays.
Ediscovery investigations involve multiple critical tasks. First comes the identification of all relevant data across systems, countries, and formats.
Next, preservation prevents data deletion or modification. Collection and processing follow. Review is often the longest phase, requiring legal teams to examine documents for relevance and privilege.
Cross-border data transfers don't have to be complicated. You need expertise to make things work.
With customers base expanded worldwide, Onna understands the challenges of international data governance. Our platform centralizes and processes data from all your workplace apps, enabling seamless eDiscovery investigations and automated cross-border compliance.
Contact us today and let us simplify your legal data management, no matter where your they live.