Feb 2025

Introduction: Data Protection

For a long time, data protection was mostly associated with Europe, but over the last decade or so, the landscape has shifted and it’s evolved into a worldwide concern.

The recognition of data as a valuable but also vulnerable ‘asset’ — assuming it’s appropriate to regard something arising out of a human right as an asset — has led to a wave of new legislation. Jurisdictions as diverse as Brazil, Japan, India and even California in the United States, have adopted or enhanced their own data protection frameworks, often inspired by aspects of the European Union’s General Data Protection Regulation. We’ve seen enforcement of these laws spreading, too, with data protection authorities around the world issuing substantial fines to companies for non-compliance. As a result, it’s never been more important for multinationals to adopt a global strategy to comply with data protection laws in the countries where they do business.

This rapid expansion of data protection legislation, however, also comes at a time when technological advancements are unfolding at an unprecedented rate. Few could have predicted the pace at which technologies like Artificial Intelligence (AI), facial recognition and augmented reality would revolutionise industries and everyday life. While these innovations hold immense promise, they also present significant challenges, often outpacing the data protection frameworks designed to regulate them.

One of the central issues that remains unresolved is the friction that exists when transferring personal data across borders. Although some progress has been made over the last 20 to 30 years, the path forward remains fraught with difficulties, and transferring personal data is still far harder than it should be. Frameworks such as the predecessors to the US Data Privacy Framework and the Standard Contractual Clauses have been subject to legal challenges, creating ongoing uncertainty — challenges compounded by evolving political landscapes that could potentially worsen rather than improve the situation.

While progress has been made, there is no doubt that data protection remains a work in progress. Some countries have yet to implement comprehensive data protection laws, and even those that have adopted robust frameworks still struggle with clarity and consistency. Compliance is a complicated, ongoing process, and businesses often face a fragmented legal environment with differing requirements in each jurisdiction.

A book like this can only scratch the surface, of course. It will not resolve the deep issues around international data transfers, nor can it fully address the difficulties presented by emerging technologies like AI. However, our aim is to provide a practical summary of data protection laws in the world’s most important jurisdictions. By analysing the evolving frameworks in regions ranging from the EU to North America, South America, and Asia, we hope to offer a useful starting point for anyone grappling with the complexities of data protection in today’s interconnected world.