International Data Sharing and Sub-Processors

As the international legal and regulatory landscape becomes increasingly more complex, so do clients’ needs. It is incumbent upon counsel to keep abreast of the ever changing landscape  

Data protection, for example, has evolved from being ‘light-touch’ pre-crash to a significant international consideration today. The EU’s general data protection regulation (the “GDPR”) is of course the most pertinent, though offshore fund jurisdictions are now also under increasing international pressure to regularise their affairs. The Cayman Islands, for example, introduced the Data Protection Law, 2017, in September 2019, and will seek an adequacy decision from the EU Commission in due course.

The outcome of this growth in regulation is, amongst other things, risk disclosures, privacy policies, data processing and data transfer agreements. More nuanced questions concerning the status of service providers (controller vs processor) dictate the terms of those agreements, and require careful and detailed consideration.

MJ Hudson can work with you to assess your data protection touch-points, and draft your domestic, offshore and cross-border agreements to accommodate them. We have worked extensively with foreign counsel to develop agreements and policies which cater for multiple jurisdictions and legislative packages. We exploit these economies for your benefit, and are well-equipped to tackle these issues for you.

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