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Personal Data Protection: Mastering Global Compliance
Global data protection laws
As global data protection laws become increasingly stringent, businesses engaged in international economic activities face complex challenges in safeguarding personal information. According to UNCTAD, 137 out of 194 countries have enacted legislation on personal data protection.
If your company operates an online store or mobile app serving customers worldwide and collects their personal data, how can you ensure compliance with these diverse regulations?
If your company operates an online store or mobile app serving customers worldwide and collects their personal data, how can you ensure compliance with these diverse regulations?
Understanding Your Primary Obligations
Begin by examining the data protection laws in your company’s country of incorporation. This jurisdiction’s regulations are your foundational compliance requirements.
The reasons for this are clear: the data protection authority of your own country might be the first to knock at your door, and this is the authority that has a direct enforcement mechanism—for example, the power to impose fines for non-compliance.
Your country’s data protection law (if any) will give you the basics: the list of technical and organizational measures that should be taken, as well as other compliance requirements such as appointing a Data Protection Officer (DPO) or notifying authorities about data processing activities.
Additionally, if your company processes sensitive data—such as health records, biometrics, or genetic information—you should check for any specific data-related laws that impose stricter security and protection standards.
The reasons for this are clear: the data protection authority of your own country might be the first to knock at your door, and this is the authority that has a direct enforcement mechanism—for example, the power to impose fines for non-compliance.
Your country’s data protection law (if any) will give you the basics: the list of technical and organizational measures that should be taken, as well as other compliance requirements such as appointing a Data Protection Officer (DPO) or notifying authorities about data processing activities.
Additionally, if your company processes sensitive data—such as health records, biometrics, or genetic information—you should check for any specific data-related laws that impose stricter security and protection standards.
Know Your Client
Once you’ve identified your foundational compliance requirements, the next step is to analyze where your customers are located. Some countries impose data protection laws that apply even if your company has no physical presence there.
This concept, known as "extraterritorial effect," means that if you process the personal data of citizens or residents of a particular country, you may be subject to that country’s data protection laws.
For example, China, Russia, and other jurisdictions require companies to store their citizens' personal data within national borders. In other words, if you process personal data from these regions, you may be required to use localized data storage and processing.
Depending on your strategy, you may choose to:
This concept, known as "extraterritorial effect," means that if you process the personal data of citizens or residents of a particular country, you may be subject to that country’s data protection laws.
For example, China, Russia, and other jurisdictions require companies to store their citizens' personal data within national borders. In other words, if you process personal data from these regions, you may be required to use localized data storage and processing.
Depending on your strategy, you may choose to:
- focus only on the most critical markets with active enforcement mechanisms,
- adopt the highest compliance standards across all markets, or
- find a balanced approach that meets legal requirements while maintaining operational efficiency.
Navigating the GDPR
The General Data Protection Regulation (GDPR) is the most well-known example of extraterritorial data protection law.
Effective since May 25, 2018, the GDPR established global benchmarks for security, transparency, accountability, and data subjects' rights. It applies to any company—regardless of location—that:
Even if your company does not have a physical presence in the EU, it may still fall under the scope of GDPR enforcement. The GDPR allows national supervisory authorities to ban or restrict data processing activities (Article 58 (2) (f)), which could completely block your service in the EU.
Additionally, major corporations are tightening their own data protection policies. For example, Apple’s App Store Guidelines prohibit apps from sharing user data without proper consent. Non-compliance can result in removal from the App Store and even a permanent block on all your applications.
The good news? Many national laws are based on the GDPR, meaning that if your business is GDPR-compliant, you likely meet most global data protection requirements. However, it’s still essential to verify and adapt to country-specific regulations.
Effective since May 25, 2018, the GDPR established global benchmarks for security, transparency, accountability, and data subjects' rights. It applies to any company—regardless of location—that:
- offers goods or services to EU residents (even if no payment is required), or
- monitors the behavior of individuals within the EU.[ON1]
Even if your company does not have a physical presence in the EU, it may still fall under the scope of GDPR enforcement. The GDPR allows national supervisory authorities to ban or restrict data processing activities (Article 58 (2) (f)), which could completely block your service in the EU.
Additionally, major corporations are tightening their own data protection policies. For example, Apple’s App Store Guidelines prohibit apps from sharing user data without proper consent. Non-compliance can result in removal from the App Store and even a permanent block on all your applications.
The good news? Many national laws are based on the GDPR, meaning that if your business is GDPR-compliant, you likely meet most global data protection requirements. However, it’s still essential to verify and adapt to country-specific regulations.
Strategizing Data Storage
After analyzing your relevant markets and compliance obligations, you need to determine where and how to store personal data.
Some countries impose data localization laws, meaning that certain types of personal data must be stored within the country’s borders. Others require strict protocols for cross-border data transfers.
Because most businesses generate large volumes of personal data, maintaining your own data storage infrastructure can be expensive. As a result, many companies outsource data storage to third-party cloud service providers.
If you choose this route, ensure that your provider has certifications demonstrating compliance with data security standards. Look for compliance with frameworks such as:
Some countries impose data localization laws, meaning that certain types of personal data must be stored within the country’s borders. Others require strict protocols for cross-border data transfers.
Because most businesses generate large volumes of personal data, maintaining your own data storage infrastructure can be expensive. As a result, many companies outsource data storage to third-party cloud service providers.
If you choose this route, ensure that your provider has certifications demonstrating compliance with data security standards. Look for compliance with frameworks such as:
- ISO/IEC 27 001 — Information security management,
- ISO/IEC 27 002, 27 017, 27 018, 27 701 — Cloud security and privacy protection,
- National cybersecurity requirements in relevant jurisdictions.
Your Compliance Roadmap
Achieving global compliance in personal data protection is challenging but manageable. Here’s a structured roadmap to guide you:
- Study Local Laws — Understand data protection legislation in your company’s country of incorporation.
- Assess Customer Locations — Identify where your clients are based and whether extraterritorial laws apply to you.
- Consider GDPR Compliance — If targeting EU customers, align with GDPR requirements.
- Prioritize Key Markets — Focus on significant regions and ensure compliance with local regulations, such as data localization requirements.
- Choose Secure Data Storage — Opt for cloud solutions or localized servers that meet compliance standards and minimize cross-border transfers.
- Address Sensitive Data — Implement additional safeguards for processing health, biometric, and other sensitive data.
- Monitor Legal Developments — Data protection laws are evolving. Stay updated and adapt to regulatory changes in relevant jurisdictions.
Navigating personal data protection regulations can be complex, but you don’t have to do it alone. At MDC Consulting, we help businesses stay ahead of evolving compliance requirements, minimize risks, and implement tailored strategies for secure and efficient data management.
From regulatory assessments to building a robust data protection framework, our experts provide clear, actionable guidance to ensure your company remains compliant and competitive.
From regulatory assessments to building a robust data protection framework, our experts provide clear, actionable guidance to ensure your company remains compliant and competitive.
Strengthen your data protection strategy with MDC Consulting - get in touch today!
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