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Data protection is a global concern that transcends national borders. This is why many business leaders are adopting a global approach to data governance, in order to ensure that their data can be used effectively across the globe. However, this can be a complicated task to execute, as there are different regulations and laws in each country. The first step to implementing data governance is to identify the specific business need. This should be done by creating a vision and a business case. The vision spells out your broad strategic objective, while the business case identifies the specific opportunity.
Another aspect of the global approach to data governance is identifying the appropriate set of policies and procedures that should be applied. This involves analyzing the risks and benefits of each option, as well as determining how to evaluate their effectiveness. In doing so, businesses must consider the impact on the organization’s core values and culture. This will help them decide which options will be the best fit for their organization.
Once a business has identified its core objectives and policies, it must create an implementation plan that will guide its journey to data governance. This plan will detail the specific people (roles), technologies, and processes that will be needed to support the business opportunity. It will also include a detailed timeline to guide the implementation process.
In some cases, a business may need to implement a transfer impact assessment before exporting personal data to a foreign jurisdiction. This is typically required if the PDPO’s standards are higher than those of the destination country. The assessment will identify the underlying law and practices that should be implemented to bring the foreign jurisdiction’s level of data protection up to the PDPO’s standards. These supplementary measures may take the form of technical or contractual arrangements.
Despite the fact that some countries have adopted legislation that allows for the extra-territorial application of data privacy rules, Hong Kong has not. The PDPO’s scope is defined by reference to whether a person controls the collection, holding, processing, or use of personal data in, or from, Hong Kong. Thus, a person will only be subject to the PDPO if it is an established data user in Hong Kong. It is important for a business to understand this definition before implementing a transfer impact assessment in Hong Kong or another foreign jurisdiction. This will avoid unnecessary costs and delays. In some cases, a transfer impact assessment may not be necessary if the business is able to demonstrate that the underlying laws and practices in the foreign jurisdiction are equivalent to the PDPO’s standards.