Data Privacy

March 28, 2023

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Data protection is a significant focus for regulators and authorities around the world, as large-scale data breaches have sharpened the focus on protecting personal data and providing for personal data to be handled and used appropriately. Many jurisdictions have adopted wide-ranging data protection laws that companies must navigate when dealing with a global crisis.

Data privacy laws can sometimes also lead to conflicting responsibilities. For instance, a company may be required by law to disclose information in an investigation as it simultaneously faces other legal restrictions on divulging data. These conflicts often play out at an international level as data privacy regulation may have extraterritorial impact, meaning, for instance, that data collected or processed by a company beyond its home jurisdiction would fall under the domestic rules. Therefore, it is critical for companies to think ahead, be prepared, and have plans for handling personal data.

Analysis of law and practice in China was contributed by David Gu and Yingyun Chen of JunHe LLP.

Analysis of law and practice in Switzerland was contributed by Anja Vogt and Livia Säuberli of Niederer Kraft Frey.

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