Latin America’s EU linked Model Contractual Clauses for international data transfers

A session at the Global Privacy Assembly explained how Model Contract Clauses are creating business value in Latin America. Stewart Dresner reports from Istanbul.

Standard and Model Contractual Clauses, as a legal basis for transferring personal data between jurisdictions, create business value while protecting individual rights, and have advantages over consent (which can be withdrawn) and Binding Corporate Rules (usually time-consuming and expensive).

Ana Brian Nougrères, based in Montevideo, Uruguay, Special Rapporteur on the Right to Privacy, United Nations, took as her starting point that there is a different way of approaching privacy in different cultures. There is a digital divide across the world according to the degree of the population’s engagement with digital services. For companies and other organisations providing global services, and the users of their international services, there are advantages of building bridges between different regions so that all benefit from a similar level of dignity, equity and individual freedoms. There is a need to strike a balance between privacy and data protection as fundamental rights and the free flow of goods and services essential for social and economical integration. A robust system must include not only regulations but also enforceability to achieve effective compliance with the regulations.

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