Washington Lawyer - December 2017 - 37

GLOBAL & DOMESTIC OUTLOOK

Citing privacy and cybersecurity
concerns, countries around the
world have been enacting data
localization laws that restrict the
free flow of information across
borders. According to the nonpartisan Information Technology
& Innovation Foundation, at least
34 countries have imposed
barriers on data flows that come
in many forms, from blanket
bans on data transfers to sectorspecific policies.
RUSSIA
A leader in data localization, Russian
law requires companies collecting
personal information about Russian
citizens to store the personal data on
servers in Russia for six months. The
law also requires domestic and foreign
companies collecting and processing
data or transferring it overseas to
formally register with the state, with
some exceptions.

CHINA

INDONESIA

Personal information and important
data, such as financial, health care, and
credit information, that is collected and
generated by critical infrastructure operators in the People's Republic of China
must be stored in China. If data must be
shifted from in-country data centers,
Chinese officials will conduct a security
assessment before authorizing transfers.

Indonesia mandates that all companies
providing direct Internet service to
consumers must ensure various forms
of data are processed and stored in data
centers physically located within its
borders. The law ensures that data is
subject to local laws and enforcement.

TURKEY

South Africa's 2013 comprehensive
privacy law has no provision requiring
private or public organizations to
process or store data within its borders.
Cross-border transfers of data are forbidden unless the level of privacy protections in the data-receiving country
is equivalent to those in South Africa.

As Turkey nationalizes its information
infrastructure, it is offering incentives for
private companies to build data centers
there. The legal priority is on keeping
online data within the country, including
data from social media giants Facebook,
Twitter, and Instagram, prompting more
Western companies to construct data
centers in Turkey and abide by Turkish
data and privacy regulations.

NIGERIA
To promote local online content development, Nigeria explicitly requires that
information and communications technology providers host consumer- and
government-generated data in Nigerian
data centers. The mandate means that
all operators must comply with Nigerian
physical and digital data center
requirements.

SOUTH AFRICA

UNITED STATES
Data center operators in the United
States face a myriad of regulations that
apply to the digital and physical sides of
operations, from securing the privacy of
medical information to environmental
regulations covering power systems. But
the U.S. does not have a data localization requirement and it has fought such
a mandate in other countries.
Sarah Kellogg is a regular contributor to
Washington Lawyer.

EUROPE
The European Union has created a de
facto data localization regime as part of
an effort to safeguard consumer privacy.
Recent EU regulations require that
personal and commercial data be stored
within the EU, although the law allows
for the free transfer of data between
nations, under certain circumstances.
For companies to legally do business in
the EU, they must meet all standards for
data collection, transfer, and disclosure.

imaginima/E+/Getty Images



Table of Contents for the Digital Edition of Washington Lawyer - December 2017

Your Voice
From Our President
Our Membership
Career & Professional Development
Practice Management
Calendar of Events
Government & Gavel
Feature: 50 Years of Space Law
Feature: The Resurrection of Civics Class
Feature: Privacy in the Digital Age
Feature: AI & The Legal Workplace
Member Spotlight
Global & Domestic Outlook
Worth Reading
Media Bytes
Attorney Briefs
Ask the Ethics Experts
Associates Angle
Disciplinary Summaries
The Pro Bono Effect
Community & Connections
Last Word
Washington Lawyer - December 2017 - Cover1
Washington Lawyer - December 2017 - Cover2
Washington Lawyer - December 2017 - 1
Washington Lawyer - December 2017 - 2
Washington Lawyer - December 2017 - 3
Washington Lawyer - December 2017 - 4
Washington Lawyer - December 2017 - Your Voice
Washington Lawyer - December 2017 - From Our President
Washington Lawyer - December 2017 - 7
Washington Lawyer - December 2017 - Our Membership
Washington Lawyer - December 2017 - Career & Professional Development
Washington Lawyer - December 2017 - Practice Management
Washington Lawyer - December 2017 - 11
Washington Lawyer - December 2017 - Calendar of Events
Washington Lawyer - December 2017 - 13
Washington Lawyer - December 2017 - Government & Gavel
Washington Lawyer - December 2017 - 15
Washington Lawyer - December 2017 - Feature: 50 Years of Space Law
Washington Lawyer - December 2017 - 17
Washington Lawyer - December 2017 - 18
Washington Lawyer - December 2017 - 19
Washington Lawyer - December 2017 - 20
Washington Lawyer - December 2017 - 21
Washington Lawyer - December 2017 - Feature: The Resurrection of Civics Class
Washington Lawyer - December 2017 - 23
Washington Lawyer - December 2017 - 24
Washington Lawyer - December 2017 - 25
Washington Lawyer - December 2017 - Feature: Privacy in the Digital Age
Washington Lawyer - December 2017 - 27
Washington Lawyer - December 2017 - 28
Washington Lawyer - December 2017 - 29
Washington Lawyer - December 2017 - Feature: AI & The Legal Workplace
Washington Lawyer - December 2017 - 31
Washington Lawyer - December 2017 - 32
Washington Lawyer - December 2017 - 33
Washington Lawyer - December 2017 - Member Spotlight
Washington Lawyer - December 2017 - 35
Washington Lawyer - December 2017 - Global & Domestic Outlook
Washington Lawyer - December 2017 - 37
Washington Lawyer - December 2017 - Worth Reading
Washington Lawyer - December 2017 - Media Bytes
Washington Lawyer - December 2017 - Attorney Briefs
Washington Lawyer - December 2017 - Ask the Ethics Experts
Washington Lawyer - December 2017 - Associates Angle
Washington Lawyer - December 2017 - Disciplinary Summaries
Washington Lawyer - December 2017 - The Pro Bono Effect
Washington Lawyer - December 2017 - 45
Washington Lawyer - December 2017 - Community & Connections
Washington Lawyer - December 2017 - 47
Washington Lawyer - December 2017 - Last Word
Washington Lawyer - December 2017 - Cover3
Washington Lawyer - December 2017 - Cover4
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