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Monday, February 27, 2023

Data Protection Day - Key developments and trends for 2023








28 January 2023 is Data Protection Day (or Data Privacy Day outside of Europe), which marks the anniversary of the Council of Europe’s Convention 108.

To mark Data Protection Day 2023, Baker McKenzie’s Global Data Privacy and Security Team is pleased to present this special edition update of key data protection and privacy developments and trends across the globe, as well summarising future legislative changes, predictions, and enforcement priorities to look out for during 2023.

International data transfers continue to be a significant area of focus, particularly from an EU perspective. The practical implications of the Schrems II judgment are still being felt by organisations and grappled with by data protection authorities, and related developments are on the horizon with the recently published draft adequacy decision for the EU-US Data Privacy Framework (you can read more in our update here). There are emerging trends in enforcement action from EU data protection authorities shining a light on issues such as transparency and privacy notice information, as well as the legal basis for processing personal data, particularly in the context of online behavioural advertising.

Outside of the EU, there is a proliferation of new privacy laws and amendments to existing privacy laws to keep up with. These range from new laws (or amendments to existing laws) which have now come into force, laws or amendments that are expected to come into force this year, as well as discussions or proposals for future reforms. In particular, there are developments to be aware of in Australia, Japan, Taiwan, Vietnam, India, Qatar, UAE, Saudi Arabia, Türkiye, Canada, Argentina, Vietnam, Switzerland, several US states and the UK. Almost half of these are G20 economies so we except such changes will be important given the inextricable link between information driven trade ecosystems.

Children’s personal data continues to be high up on the agenda across the globe. In the UK, this is reflected in the ICO’s Age Appropriate Design Code, and in the US, with the California Age-Appropriate Design Code Act (you can read more in our update here). Children’s online safety is also an important topic of wider focus in addition to data protection, and you can read more about this in our specially commissioned report “Online child safety: an opportunity to get it right” led by Elizabeth Denham of Baker McKenzie and produced jointly with Milltown Partners (available here).

You can find more information on these developments and trends and many others in our summary below. You can also jump to specific country overviews using the links below.

If you have any specific questions, please do not hesitate to get in touch with your usual Baker McKenzie Data Privacy and Security contacts.