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Finding Harmony – ASEAN Model Contractual Clauses and Data Management Framework Launched

By Gabriela Kennedy on February 8, 2021
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On 22 January 2021, it was announced that the Association of Southeast Asian Nations (ASEAN) had approved the new Data Management Framework (DMF) and Model Contractual Clauses for Cross Border Data Flows (MCCs).

ASEAN was established in 1967 with the key aim of improving economic growth and social progress, and collaboration and mutual assistance in South East Asia, amongst other things. There are currently ten member states of ASEAN (AMS), namely Singapore, Brunei, Cambodia, Indonesia, Lao, Malaysia, Myanmar, Philippines, Thailand and Vietnam.

The DMF and MCCs were developed to help harmonise the standards on cross-border data flows and data governance practices across the region. Adoption of the DMF and MCCs is not mandatory. However, AMS are encouraged to promote compliance with the DMF and MCCs by businesses in their respective jurisdictions. To this effect, The Singapore Data Protection Commission immediately issued additional guidance for organisations in Singapore on the use of the MCCs on 22 January 2021. Other AMS are expected to follow suit.

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Photo of Gabriela Kennedy Gabriela Kennedy

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP…

Gabriela Kennedy is a partner of Mayer Brown and head of the Asia IP and TMT group. She is also co-leader of Mayer Brown’s global Intellectual Property practice and a member of the firm’s global Cybersecurity & Data Privacy and Technology & IP Transactions practices. She is based in Hong Kong, practising intellectual property, media, information technology and telecommunications law. She handles the full spectrum of intellectual property work from litigation to licensing, strategic advice and portfolio management. Gabriela advises extensively on technology and data protection issues in Hong Kong and throughout Asia, particularly in relation to business processing outsourcing, the cross-border transfer of data, data compliance, data breaches and cybersecurity issues. She has handled a number of data breach complaints filed with the Privacy Commissioner in Hong Kong and has conducted in-depth data audits and drafted/devised privacy manuals and procedures for the Asia operations of a number of multi-national companies. On the information technology side, Gabriela’s particular expertise includes advising on complex IT transactions and projects, IT outsourcing, cloud-computing, mobile payments, smart card projects, the regulation of encryption technology, software licensing, and disputes stemming from failed IT projects. She has been involved with a number of international organisations in discussions involving standard setting for the cross-border transfer of data and the formulation of strategies to deal with cyber-security.

Read Gabriela’s full bio.

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  • Posted in:
    Privacy and Cybersecurity
  • Blog:
    Inside Cybersecurity & Privacy Law
  • Organization:
    Mayer Brown

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