ID Number: G00219064



Simplifying Cross-Border Privacy Compliance
13 December 2011
 
Robin Wilton  

Managing cross-border privacy compliance presents the enterprise with challenges of risk assessment and mitigation. This guidance document describes a model for simplifying the risk assessment process and adjusting the enterprise's mitigation strategy accordingly.





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Table of Contents

Contents
  • Summary of Findings
  • Guidance Context
    • Problem Statement
    • Guidance Applicability
    • Related Guidance
  • The Gartner Approach
  • The Guidance Framework
    • Framework Part 1: Law, Culture, and Privacy Risk
      • National Legal and Cultural Profiles Differ
      • Legal and Cultural Expectations Drive Different Behaviors
    • Framework Part 2: Three Risk Mitigation Strategies
      • 1. A "Virtuous" National Approach to Privacy Risk Minimization
      • 2. A (Pragmatic) National Approach to Risk Mitigation
      • 3. Reducing Risk in a Global Approach
    • Keeping Legal Requirements in Perspective
      • Legislation vs. Codes of Conduct
      • Law Enforcement and Sovereignty
    • Appropriate Enterprise Responses to the Legal Perspective
    • Follow Up
  • Conclusion
  • Recommended Reading
  • Revision History
  • Notes
Figures
Figure 1.
Privacy as a Social Construct
Figure 2.
Distinguishing Legal and Cultural Requirements
Figure 3.
The Implications of a One-Size-Fits-All Approach
Figure 4.
Falling Short of Requirements Generates Risk
Figure 5.
A Virtuous National Approach
Figure 6.
A Pragmatic National Approach
Figure 7.
The Global Approach




© 2011 Gartner, Inc. and/or its Affiliates. All Rights Reserved. Reproduction and distribution of this publication in any form without prior written permission is forbidden. The information contained herein has been obtained from sources believed to be reliable. Gartner disclaims all warranties as to the accuracy, completeness or adequacy of such information. Although Gartner's research may discuss legal issues related to the information technology business, Gartner does not provide legal advice or services and its research should not be construed or used as such. Gartner shall have no liability for errors, omissions or inadequacies in the information contained herein or for interpretations thereof. The opinions expressed herein are subject to change without notice.




Resource Id: 1874724