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Brazil, Canada Lead Surge In Global Privacy Law Expansion

September 17, 2020, Law360

Kurt Wimmer spoke with Law360 about the recent global changes to privacy law. He says, “It's been quite busy in parliaments around the world on the privacy front, and part of the reason for that is the fact that when the GDPR went into effect, a lot of countries saw that and said, 'This is a real development. Now it's our turn to think about what we're going to do here.” He adds, “After GDPR, the test for adequacy is different now, so even adequate countries are looking at the possibility of changing their laws to raise them to the GDPR standards, given the importance of cross-border trade and data flows.”

When speaking about India’s new privacy law, Mr. Wimmer says, “There was a point at which a lot of privacy folks thought the country would simply follow the GDPR, but it looks like the country is doing more customization of the EU law than would have been expected, so the patchwork quilt continues.” He adds, “It seems as if countries like India looked at the GDPR and said that they understood the structure, but Europe is a highly developed economy with 25 years’ experience with privacy laws, so it may not be that easy to translate the GDPR to developing countries. So if the India law goes forward, which basically takes the GDPR table of contents and injects the substance of the law with a lot of different ideas about what's needed in a developing country, maybe that turns out to be a more compelling model for a lot of countries that don't have a privacy law yet than GDPR was.”

He went on to say, “Any global company that's going to want to do business in India, including IT and outsourcing businesses doing interesting work with data that's been great for India's economy, is going to have to find some way to deal with these changes, and hopefully imposing some of these requirements on companies won't end up harming the country.”

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