Transborder Flows of Personal Data

This refers to the international transfer of personal data by non-governmental agencies. According to Article 21 of Taiwan's Personal Data Protection Act (PDPA), the central competent authority may restrict such transfers if the receiving country lacks adequate data protection laws or if the transfer would compromise Taiwan's significant national interests. This aims to ensure that citizens' personal data receives a level of protection abroad comparable to that within Taiwan.

In global operations, transferring customer or employee data to overseas headquarters, cloud servers, or suppliers is common. Violating the cross-border transfer restrictions under Article 21 of the PDPA can result in fines from NT$50,000 to NT$500,000. Furthermore, if data of EU residents is involved, it could breach the GDPR, leading to severe penalties of up to 4% of global annual turnover or €20 million, significantly impacting business reputation and international trust.

Key related standards and regulations include: 1. **ISO/IEC 27701 (Privacy Information Management System)**: Specifically, clause 7.5 governs the conditions and mechanisms for cross-border transfers of Personally Identifiable Information (PII). 2. **EU GDPR (General Data Protection Regulation)**: Chapter V (Articles 44-50) strictly regulates data transfers to third countries or international organizations. 3. **APEC CBPRs (Cross-Border Privacy Rules System)**: A voluntary framework for certified cross-border data transfers among APEC economies.

Winners Consulting is Taiwan's pioneering firm integrating ERM, industrial engineering, technology law, and data science. Drawing on our founder's preventive law background and experience serving leading semiconductor companies, we go beyond ISO 27701 certification. We build tailored cross-border transfer compliance frameworks from legal, governance, and technical perspectives. Our interdisciplinary team vertically integrates PIMS with your existing internal controls and governance, preventing redundant systems and ensuring your global expansion is secure and compliant.