Cross-Border Publisher: Data Protection from Clifford Chance Applied Solutions delivers guidance on 78 frequently asked questions on data protection across 18 jurisdictions. The product plays to the competitive advantage of software: delivering standard information online shares costs across customers and lets Clifford Chance Applied Solutions deliver exceptional value. Compared to engaging outside counsel to deliver you a legal memo, you'll get:
- immediate answers,
- access to a comprehensive list of topics,
- the option to expand to other jurisdictions when you need them,
- the benefit of updates and improvements deployed at scale, and
- good value because the costs of the service are shared.
In this article, we review Cross-Border Publisher: Data Protection so you have a better understanding of what you can purchase on PartnerVine. We discuss the problem addressed by the product, the relative advantage of using the product when compared to the other options, the compatibility of the product with the average user's work flow, the circumstances this product targets, the supplier, important terms, and where you can get more information.
Keeping track of data protection obligations in multiple jurisdictions is one of the most difficult tasks companies face today. In Europe, national laws overlay the EU’s General Data Protection Regulation (GDPR), and companies have to manage the rules that apply to their customers. In the US, California has adopted the California Consumer Protection Act (CCPA), which takes a different approach than the EU's GDPR and requires understanding the rules, implementing them and monitoring them. Because the rules apply to companies based on where a customer is located, the number of country rules increases quickly for any company that operates across borders. As a result, compliance is often costly and time-consuming. In addition, examples of enforcement have been growing slowly but steadily, and the stakes are high. Enforcement penalties at the top end under the GDPR can reach 4% of total global turnover or €20 million, whichever is greater.
Most companies have a pretty good handle on data protection obligations in their home jurisdiction, but managing for other jurisdictions is often too costly and time-consuming. The differences between jurisdictions is often beyond the resources of a small team, or, if the team is large, delivery of the information needed to move forward is held up by the slowest member of the team. Companies often muddle through as a result, which leaves your in-house team uncomfortable and your business frustrated.
The Solution from Clifford Chance Applied Solutions
Thanks to Cross-Border Publisher: Data Protection, the cost of understanding data protection obligations in multiple jurisdictions has just gone way down. 78 frequently asked questions and their answers are the core of the product, with updates rolled out as the team tackles more questions. The cost per jurisdiction is £99 monthly or £499 annually (or its equivalent in your payment currency). The expense is a small fraction of what it would cost a company to do even a tiny part of that multi-jurisdiction review on its own - either by paying to engage counsel or dedicating resources in-house to do the same job.
For instance, you want to know the grounds for legitimate processing of personal data in the Netherlands. Cross-Border Publisher: Data Protection provides an expert answer to that question from Clifford Chance in the Netherlands. Do you want to compare the grounds for legitimate processing in the Netherlands and Germany? If you've subscribed to those jurisdictions, a comparison from Clifford Chance Germany lawyers is immediately available by choosing the jurisdictions and toggling between the answers. The subscription model reflects the fact that the best way to manage data protection obligations is on an on-going basis, easily accessing up-to-date information when you need it.
The questions Clifford Chance Applied Solutions answers cover a broad range of topics, and reflect the experience of Clifford Chance in answering questions for many companies over the years. For a complete list of the topics covered, please see our User Guide: Topics covered by Cross-Border Publisher: Data Protection. The product currently covers the following 18 jurisdictions: Austria, Belgium, California, Czech Republic, France, Germany, Hungary, Ireland, Italy, Luxembourg, the Netherlands, Poland, Portugal, Romania, Slovakia, Spain, Sweden and the United Kingdom.
Now that Clifford Chance Applied Solutions has rolled out Cross-Border Publisher: Data Protection, we can expect data protection commissioners or their equivalent to expect a higher level of compliance, particularly for cross-border business. Multi-jurisdictional compliance for data protection obligations is the new normal.
There is a Relative Advantage Calculator on each product page that shows the cost savings a company receives by using Cross-Border Publisher: Data Protection. The Relative Advantage Calculator makes clear that Cross-Border Publisher: Data Protection will deliver value for the vast majority of companies and deliver extraordinary value as usage increases. For background information on the Relative Advantage Calculator, see our article here.
The relative advantage of using Cross-Border Publisher: Data Protection is not just cost savings, but a better model of making Clifford Chance Applied Solutions responsible for legal guidance delivered at scale, with the ability to plug in to the network of Clifford Chance LLP if legal advice or further expertise is required. The unique selling propositions for the product are:
- Immediate access online. Having a single source of information which is immediately accessible means the in-house team can focus on execution rather than legal research, and provides the employee or team responsible for data protection in-house with knowledge from Clifford Chance when discussing internally.
- Comprehensive coverage across multiple jurisdictions. 78 questions is far more than most companies would cover on their own, and 78 questions across 18 jurisdictions is a task that only the largest companies would undertake. With Cross-Border Publisher: Data Protection, an in-house team integrates the combined knowledge of the team at Clifford Chance Applied Solutions. The scope of coverage is far better than any one company could manage on their own.
- Option for additional jurisdictions. Customers can subscribe to one jurisdiction, or many. As a practical matter, companies will want to cover the jurisdictions where they have customers, and subscribe for a new jurisdiction when the business need arises. That allows an in-house team to easily and cheaply scale with the business, providing an important competitive advantage to a company. Subscribing by jurisdiction means in-house counsel will have the right tool for the job at the right price. For many companies, this is a game changer, elevating the quality and ease of deployment internationally immediately.
- Updates and improvements deployed at scale. The team at Clifford Chance Applied Solutions doesn't guarantee real-time updates, but the updates are likely to be far faster than an in-house team that manages data protection obligations as one priority among many. In addition, as improvements are rolled out across the product, the in-house team will benefit by staying in line with best practices in the market.
- Value because the costs are shared. The model of sharing costs for standard information is a better solution for in-house counsel. The shared costs are comprised of legal research and the cost of distributing that research on the platform. The shared cost of distributing that research is mainly building out the platform, with every new feature delivered to customers at a fraction of the cost of building it themselves.
Note on the value delivered with multiple jurisdictions. Because the guidance you're accessing is delivered at a fraction of the cost of engaging counsel, you get good value whether you subscribe for one jurisdiction or many. As you subscribe for more jurisdictions, the value grows, because you are taking advantage of the scale of distribution made possible with software. Replicating a multi-jurisdiction review comparable to what is contained in this product would be expensive–standardized answers delivered at scale really outshines the alternatives.
Cross-Border Publisher: Data Protection is easy to fit in to your workflow. After purchasing the product on PartnerVine, Clifford Chance Applied Solutions sends you a user ID and password, which allows you to log in directly online. There is no further integration required, and no investment needed to get up and running.
Many tech projects require you to onboard and maintain your company's data on a platform before you see value – this is not one of those projects. When you subscribe for Cross-Border Publisher: Data Protection, the party that delivers and maintains information on data protection obligations is Clifford Chance Applied Solutions. You just log in to get it.
For banks and credit institutions, Clifford Chance Applied Solutions has built a module of Cross-Border Publisher that covers banking confidentiality rules. The two products are easily accessed through the same portal for Cross-Border Publisher.
Circumstances of Use
Cross-Border Publisher: Data Protection has been built for in-house counsel and data privacy experts that want direct access to the knowledge of Clifford Chance on data protection obligations.
About Clifford Chance Applied Solutions
Clifford Chance Applied Solutions is a wholly owned subsidiary of Clifford Chance LLP, one of the world’s pre-eminent law firms. Clifford Chance Applied Solutions builds solutions which address widescale business challenges. The products are rigorously tested with customers and potential customers. The legal guidance in the products comes from the lawyers of Clifford Chance LLP. The result is a range of products that deliver automated knowledge to the highest of standards.
Cross-Border Publisher: Data Protection is accessible online 24 hours a day. Chat support from Clifford Chance Applied Solutions is easily available within the product from 9 am to 5 pm GMT on weekdays.
Should you need legal advice, the contact details for the lawyers at Clifford Chance responsible for a given jurisdiction are available within the product. Subject to a check for client conflicts and agreeing a fee, those lawyers can provide you legal advice based on the facts and circumstances of your situation. Streamlining the standard answers provided in the product with tailored advice should you need it provides you a better solution faster and at a better price point than the alternatives.
When you subscribe for the product, you subscribe for particular jurisdictions, and receive either a month's or year's access to the product. The product is set for automatic renewal, so if you don't opt out before the renewal, you will be charged for the next year. Multiple employees and teams can use the product within your company.
More information on the terms of the product are provided in Clifford Chance Applied Solution's terms and conditions which are available when you go to the check out.
To go to a product page for Cross-Border Publisher: Data Protection, click on a jurisdiction below:
For a description of topics covered by Cross-Border Publisher: Data Protection, go to the user guide Topics covered in Cross-Border Publisher: Data Protection.
To view the banking confidentiality module of Cross-Border Publisher, go to any Cross-Border Publisher: Banking Confidentiality and choose your principal jurisdiction. The UK Cross-Border Publisher: Banking Confidentiality is here.
To learn more about what a Data Protection Impact Assessment is, see our article What is a DPIA?
For information on the Relative Advantage Calculator, see our article here.
For information on Clifford Chance Applied Solutions, go here.