Facilitating Data Flows Across ASEAN
Jingting Liu, Ulrike Sengstschmid, Ge Yixuan · 2024
The chapter examines the landscape of cross-border data transfer regulations in the ASEAN region and the various compliance challenges faced by businesses. The analysis and discussion focus on the effectiveness and limitations of region-wide mechanisms like ASEAN Model Contractual Clauses, the interoperability of laws, the specific challenges faced by small- and medium-sized enterprises (SMEs), and business implications of Vietnam’s data protection decrees. It also evaluates external influences on ASEAN’s data transfer regulations by examining the prevalence of provisions on free data flow and limiting data localisation in free trade agreements that ASEAN countries are party to. To facilitate smooth data transfers within the region, the chapter outlines a policy roadmap for both national governments and ASEAN as a regional organisation.