Asian Institute of International Financial Law (AIIFL), HKU

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Cross-border Data Transfer: Key Takeaways from the European Commission’s Adequacy Decision for Korea (2021) and the Data Privacy Framework for the US (2023)

AIIFL - HKU Faculty of Law | Hong Kong Commercial and Maritime Law Centre - School of Law, CUHK

Date & Time Monday, 23 September 2024 12:00-1:00 pm (HKT)
Duration 1:00

In the digitalised world, data has become a critical resource for businesses. With companies relying on data to improve operations and enhance user experiences, cross-border data transfers have become complex, particularly when transferring data to jurisdictions with weaker data protection regulations. The European Union (EU), known for its General Data Protection Regulation (‘GDPR’), leads in data regulation. The EU allows data transfers to countries outside its borders if these countries provide an “adequate” level of data protection. This presentation explores the EU Commission’s adequacy decisions for Korea and the US (‘the EU-US Data Privacy Framework’), compares the respective data protection regimes, and addresses the legal challenges that arise in cross-border data transfers within the evolving digital landscape. By examining the standard of “adequacy” in both jurisdictions, this presentation also offers insights for other jurisdictions considering an adequacy decision with the EU Commission.

About the Speaker

Dr. Min Kyung Kim

Adjunct Professor, School of Law, City The University of Hong Kong

Judge Dr. Min Kyung Kim has been sitting as a judge in Korea since 2010. Her main expertise lies in cross-border commercial matters as she sat in the International Commercial Division at the Seoul Central District Court. She has authored Overriding Mandatory Rules in International Commercial Disputes: Korean and Comparative Law (Hart Publishing, forthcoming in 2024). Judge Kim serves as an Honorary Fellow at the Asian Institute of International Financial Law and is the general editor of the Korean Journal of International Trade and Business Law. She has taught courses on international commercial arbitration and litigation at the University of Hong Kong, National University of Singapore and Singapore Management University. She holds a BA, MA and PhD from Seoul National University and an LLM from the University of Cambridge (Queens’ College).

Chairs

Professor Alexander Loke

Director, Hong Kong Commercial and Maritime Law Centre, City The University of Hong Kong

Professor Emily Lee

Associate Professor, Faculty of Law