Foreign Data Localization Requirements Following GDPR May Undermine the Digital Economy

By: Jonathan McGruer Data privacy laws have seen significant recent change after the European Parliament and Council of the European Union brought the (the “GDPR”) into effect on May 25, 2018. Enacting the GDPR signified a tremendous step further clarifying the EU’s stance on data privacy and consumer rights. However, as a wave of countries scramble to update data privacy laws, data localization requirements introduced in conjunction with new regulations undermine today’s increasingly data-driven global economy that is so reliant on the free flow of data across borders. To date, newly-introduced privacy legislation is reminiscent of the GDPR.  Many nations’ GDPR-like laws contain additions not present in the original EU regulations. For example, Brazil recently passed the Brazil General Data Protection Law (the “LGPD”), including provisions similar to the GDPR. Brazil’s LGPD expands on the GDPR right to data…

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