Data Transfers

On September 8, 2026, Kenya’s Office of the Data Protection Commissioner (“ODPC”) published new Guidance Notes for Cross-border Data Transfers (“Guidance”), providing organizations with more detailed guidance on the application of Kenya’s rules governing transfers of personal data outside the country.

The Guidance arrives at an interesting time for Kenya’s data protection framework. Kenya and the European Union are currently engaged in an adequacy process, and in June 2026 the European Commission welcomed progress in that process, noting the “positive assessment so far” and its intention to conclude the process as soon as possible. Against that backdrop, several features of the Guidance will look familiar to organizations accustomed to the EU General Data Protection Regulation (“GDPR”), including its treatment of adequacy, appropriate safeguards, Binding Corporate Rules (“BCRs”), assessments of third-country laws, and supplementary safeguards. But the comparison only goes so far. The Guidance also illustrates several important differences between Kenya’s cross-border transfer framework and the GDPR, including in relation to sensitive personal data, data localization, legitimate interests, and onward transfers. For multinational organizations seeking to use global transfer frameworks across jurisdictions, those differences are important.

Continue Reading Kenya Issues New Cross-Border Data Transfer Guidance: Familiar Concepts, but Important Local Differences

Over the past few months, there have been several notable developments in the cross-border data frameworks of the U.S., EU, UK, Brazil, and several Asia Pacific (“APAC”) countries. These developments reflect evolving regulatory approaches to international data flows, trade agreements, and national security priorities—each with certain nuances and particularities that multinational companies need to understand and be prepared to navigate. 

This blog post provides a brief summary of these developments and key takeaways for companies transferring personal data to or from these jurisdictions. 

Continue Reading Roundup of Cross-Border Data Transfer Developments

On September 16, 2025, the European Commission launched a call for evidence to collect feedback and best practices on simplifying several key areas of the EU digital rulebook, ahead of its planned Digital Omnibus package. This initiative targets legislation related to data, cybersecurity, and artificial intelligence, aiming to reduce administrative burdens and compliance costs for businesses while preserving high standards of fairness, security, and privacy online.

Continue Reading Commission Collects Feedback to Simplify Rules on Data, Cybersecurity and Artificial Intelligence in Upcoming Digital Omnibus

On 15 July 2025, the European Commission adopted an adequacy decision for the European Patent Organisation (EPO).  This marks the first time such a decision has been granted to an international organisation.  From now on, personal data can be transferred from the EU to the EPO based on this decision, without the need for additional safeguards such as Standard Contractual Clauses (SCCs).

Continue Reading Adequacy Decision for the European Patent Organisation

On March 17, 2025, the Finnish Supervisory Authority (“SA”) announced that it is investigating the transfer of personal data related to human research samples by a Finnish university to a Chinese company for genetic analysis services. 

Continue Reading Finnish Supervisory Authority Investigates Health Data Transfers to China

On September 12, 2024, the European Commission announced that it will launch a public consultation on additional standard contractual clauses for international transfers of personal data to non-EU controllers and processors that are subject to the EU GDPR extra-territorially (“Additional SCCs”), something that has been promised by the European Commission as far back as 2022.  The public consultation is planned for the last quarter of 2024.

Continue Reading EU Commission Announces New SCCs for International Transfers to Non-EU Controllers and Processors Subject to the GDPR

On August 23, 2024, the Brazilian Data Protection Authority (“ANPD”) published Resolution 19/2024, approving the Regulation on international data transfers and the content of standard contractual clauses (the “Regulation”).  The Regulation implements the international data transfer framework under the Brazilian General Data Protection Law (“LGPD”).

Continue Reading Brazil Issues New Regulation on International Data Transfers