Applied Session by PwC: The New NAFTA - A Continental Market in Data, and Practical Implications for Privacy

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Presented at Privacy&SecurityConference 2019 by

Constantine Karbaliotis

The new NAFTA - USMCA, CUSMA or T-MEC, depending on what country you're in - incorporated some elements of the TPP in relation to creating a continental market in digital goods and services. It effectively prohibits discrimination based on the location of the organization providing services, but at the same time sets up privacy frameworks such as the APEC Cross Border Privacy Rules as the mechanism by which privacy is protected as data moves. It sets some goals in relation to cybersecurity as well as privacy protections. What does this mean for continental data flows and outsourcing - does this set a new expectation, a new minimum - and is it liberating organizations seeking to do cross-border business? How will this impact data localization expectations? This session will examine the impact of the privacy elements of the new agreement, how it will impact Canadian adequacy with the EU, and how Canadian organizations should consider CPBR in light of the need to do business with the EU, as well as expanding opportunities for data flows both in North America and in APEC member countries.