Project Title

Seminar on Capacity Building for Compliance with Cross-Border Privacy Rules System in APEC 

Project Year

2017   

Project Number

CTI 10 2017T 

Project Session

Session 1   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

CTI 10 2017T 

Project Title

Seminar on Capacity Building for Compliance with Cross-Border Privacy Rules System in APEC 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

TILF Special Account 

Sub-fund

None 

Project Year

2017 

Project Session

Session 1 

APEC Funding

80,000 

Co-funding Amount

80,000 

Total Project Value

160,000 

Sponsoring Forum

Electronic Commerce Steering Group (ECSG) 

Topics

Electronic Commerce 

Committee

Committee on Trade and Investment (CTI) 

Other Fora Involved

 

Other Non-APEC Stakeholders Involved

 

Proposing Economy(ies)

Chinese Taipei 

Co-Sponsoring Economies

Australia; Japan; Korea; Mexico; Thailand; United States; Viet Nam 

Expected Start Date

01/06/2017 

Expected Completion Date

31/12/2018 

Project Proponent Name 1

Ke Wen-Cheng 

Job Title 1

Deputy Director 

Organization 1

Multilateral Trade Affairs Division, Bureau of Foreign Trade, Ministry of Economic Affairs 

Postal Address 1

1 Hu Kou Street, Taipei 10066 

Telephone 1

886-2 23977221 

Fax 1

Not Applicable 

Email 1

wcke@trade.gov.tw 

Project Proponent Name 2

Not Applicable 

Job Title 2

Not Applicable 

Organization 2

Not Applicable 

Postal Address 2

Not Applicable 

Telephone 2

Not Applicable 

Fax 2

Not Applicable 

Email 2

Not Applicable 

Declaration

Ke Wen-Cheng 

Project Summary

The 2016 APEC Leaders’ Declaration and AMM Joint Statement both recognize the importance of the APEC Cross Border Privacy Rules (CBPR) System and support strengthening cooperation and capacity building in this area. This project builds upon progress made in the “Readiness for CBPR System in APEC” workshop held in Viet Nam last October, and seeks to enhance the capacity of APEC Economies to participate in the CBPR System and promote discussion of its certification program. The project will focus on the following key elements: The roles played by the Designated APEC Government Delegate, the Privacy Enforcement Authority, and the Accountability Agent, as well as looking at the collaboration framework between APEC ECSG, JOP, and APEC Economies. Through this seminar, to be held in Oct. 2nd 2017 in Chinese Taipei, participants can share experiences on how CBPR implementation affects privacy protection, and discuss how different types of regulatory environments can facilitate cross-border privacy protection.

Relevance

Data can now be transferred around the world instantaneously, making the global marketplace seem almost borderless. In 2012, cross-border e-commerce sales reached $300 billion. By 2015, growth in sales had already reached $1.4 trillion. Although multi-channel retailers have been presented with limitless business opportunities for international expansion, many challenges have arisen. In so far as privacy protection is concerned, the divergence in regulatory requirements and practices across different APEC Member Economies becomes a critical issue for the development and growth of digital trade in the APEC region. In responding to the issue, the APEC Cross Border Privacy Rules (CBPR) System – a voluntary mechanism to facilitate privacy-respecting data flows among APEC Economies – was endorsed by APEC Leaders in 2011.

As such, the project seeks to improve the facilitation of digital trade across APEC by intensifying the discussion of the benefits and challenges in creating a harmonized APEC Privacy Framework for data privacy policies underpinned by the CBPR system. The benefits will be APEC-wide; when consumer protection is better enhanced, all businesses involved or are considering participating in digital trade will also benefit.

This project corresponds to Rank 1 of the “Funding Criteria for All APEC-Funded Projects in 2017,” as it promotes regional economic integration via free and open trade and investment. In addition, the project relates directly to the promotion of e-commerce and digital trade, which is also a Rank 1 item.

Objectives

The purpose of the project is to advance work on the discussion and promotion of participation in the CBPR System. By sharing experiences in adhering to and implementing the CPBR System, it enables APEC Economies to better understand benefits and challenges of participating in the System.

The overall objectives of this project are:

1) Enhance the awareness and understanding of the framework and operation of the CBPR System, as well as the values and challenges for promoting readiness to participate. The topics of discussions will include the roles played by the Designated APEC Government Delegate, the Privacy Enforcement Authority (PEA), and the Accountability Agent (AA), as well as the collaboration framework between APEC ECSG, JOP, and APEC Member Economies.

2) Discuss the capacity building needs of APEC Developing Economies whose legal frameworks and institutional organization have compliancy issues with the CBPR System, with special attention paid to areas like the certification program and the criteria and qualifications for Accountability Agents.

3) Develop recommendations on capacity building activities for compliance with Cross-Border Privacy Rules System.

Alignment

In the 2016 APEC Leaders’ Declaration, Leaders recognized the importance of implementing the APEC CBPR System, a voluntary mechanism whose participants seek to increase the number of Economies, companies, and Accountability Agents that participate in the CBPR System. In addition, in the 2016 AMM Joint Statement, Ministers recognized the significance of the APEC CBPR System and APEC Ministers support the strengthening of cooperation in this area and the promotion of capacity building.

In the 2016 APEC Services Competitiveness Roadmap, it is recognized that collaboration is an effective way to respond to the rapid development of internet-based technologies as well as promote a regulatory approach that provides appropriate prudential oversight, legitimate consumer and security protections.

This project focuses on capacity building for APEC Member Economies who hope to participate in the CBPR System and promote discussion on the CBPR System certification program. Most importantly, the project will identify ways in which APEC Economies can enhance cooperation on the CBPR System.

The project helps to fulfill the Electronic Commerce Steering Group (ECSG) objectives as followed:

1) Promote the development and use of electronic commerce by supporting the creation of legal, regulatory and policy environments in the APEC region that are predictable, transparent and consistent.

2) Provide assistance and guidance to Member Economies as required under the implementation of the APEC CBPR and PRP System subject to ECSG data privacy sub-group work plan for 2017.

TILF/ASF Justification

The project is deemed as a prominent contribution to trade and investment facilitation by Chinese Taipei, and therefore we seek funding support from TILF. Recognized by WTO, e-commerce is understood to mean the production, distribution, marketing, sale or delivery of goods and services by electronic means. The data flow has been transferred locally toward more globally owing to the improvement of information and communication technologies. In the digital trade era, cross-border data flow is inevitable and brings about many issues in terms of trade facilitation with the promotion of e-commerce. One of the salient issues is the impediments of complying with diversified data transfer regulations and privacy protection laws in the APEC region. In response, in 2011 APEC endorsed the CBPR System, which has been established with the expectation to promote the cross-border personal data flow while ensure the protection of privacy. The participants to the APEC CBPR system, the private companies in the APEC region, will be benefited by enhancing the abilities to provide customers with high-level personal information protection service, which can accumulate the market confidences to cross-border data flow and lower the uncertainty of non-conformity to certain regulations. To communicate the importance of CBPR System with APEC Member Economies and to promote Member Economies’ abilities to participate in the CBPR System are in line with the Osaka Action Agenda to promote trade in service. Specifically to the Agenda’s recognition to the role that ecommerce plays in the supply and consumption of services. (Part 1, Section C, 3. Services).This project, therefore, with the objectives of enhancing the awareness and understanding of the framework and operation of the CBPR System, will contribute to APEC trade and investment liberalization and facilitation.

Beneficiaries and Outputs

Outputs: The Seminar will act as a platform for participants to share and discuss the main segments of the CBPR System, including Accountability Agents (AA), certified companies, and Privacy Enforcement Agents (PEAs). The Seminar will also provide the opportunity for APEC Member Economies/participants to share their experience and concerns about joining the CBPR System. The Seminar’s Agenda will be designed to make sure it addresses the concerns of APEC Member Economies and participants. For the benefit of all participants, experts from Member Econmies, international organizations, AA as well as representatives from businesswill be selected to present and share their views. During the Seminar, all the speakers and participants will have the chance to discuss and present their views on how to facilitate cross-border privacy protection. After the Seminar, a summary report, including recommendations on capacity building activities for compliance with CBPR, will be made and circulated to all the speakers and participants as well as delivered to CTI and other APEC relevant committees and working groups for further discussion. 

Outcomes: Throughout the seminar, participating APEC Member Economies can obtain comprehensive knowledge about the CBPR System. In the medium and long term, it is expected to bring about positive changes to the policy, regulation implementation, and business practices of APEC Member Economies. For example, APEC Member Economies can promote and protect trade and investment through cross-border data flows adopted by APEC. This change is expected to take place gradually rather than immediately. 

Beneficiaries: Direct beneficiaries are seminar participants, including APEC Economies’ delegates and private sector representatives in APEC Economies. Seminar participants will learn and discuss best practices for joining and promoting the CBPR System.  For private sector participants, this will offer more opportunities to increase their awareness about protecting cross-border personal data, and how this will impact their business.

Participants will also explore how existing policies might be improved to address the difficulties faced by joining and implementing the CBPR System, and how to facilitate the regulatory and policy environments regarding cross-border privacy protection. These outcomes will also be shared with other relevant APEC fora, including AHSGIE and CTI, contributing to discussions in these fora.

Since the Seminar will produce a summary report, non-attendees will also have the opportunity to learn from the best practices and other information discussed at the Seminar.

Dissemination

A press release of the Seminar will be published on the Ministry of Economic Affairs’ website of Chinese Taipei. Copies of all documents, presentations and a summary report (including information about the main discussions, conclusions, and recommendations from the Seminar) will be tabled to ECSG meetings and necessary fora, the results can also be downloaded from the website of APEC and Chinese Taipei’s Bureau of Foreign Trade, Ministry of Economic Affairs. In addition, there will be an exclusive website for this Seminar until Dec. 31 2017, and the documents mentioned above will also be able to download from this website. The press release and other related documents/reports will comply with APEC Publications, IP and Logo Guidelines if necessary.

There is no intention to sell outputs arising from this project.

Gender

Gender is taken seriously into account by the project’s proponent. Participants from all genders will get equal opportunity to participate the Seminar. Economies will be explicitly requested to nominate at least one-half female nominees. As a result, the expected percentage of women participants is at least 50 percent. The organizers will invite female speakers as many as possible to ensure the balance of gender in the workshop. They might include, but would not be limited to senior officials, researchers or experts of the CBPR System from the public and private sectors.

Because many of the invited speakers are experts in their field, female participants would benefit regardless of whether the speaker is male or female. The organizers will make sure that women are given favorable conditions to participate and contribute to the Workshop by disseminating information and delivering as many invitations to women as possible.

The CBPR System is designed without the isolation to certain gender, and therefore it could be deemed to benefit to all. In addition to that, the project will address substantively the gender issues in cross-border data protection, the scope of the seminar will design to focus on the notice, collection limitation, uses of personal information, choice, integrity of personal information, security safeguards, access and correction, and accountability and in compliance with the APEC Information Privacy Principles, the APEC Privacy Framework and CBPRs.

Work Plan

Timeline

Key activities and deliverable outputs

June - July 2017

-  Invite co-sponsors and other Member Economies to provide comments about agenda and speakers.

-  Finalize the agenda for the Seminar and ensure facilitation of full participation from all stakeholders and discusses all necessary topics to achieve project outcomes.

Aug.-Sep. 2017

-  Issue invitations to Seminar speakers, and coordinate on their presentation topics to ensure they are aligned with APEC goals and objectives.

-  Coordinate with nominated Seminar attendees to facilitate their travel (where appropriate), and distribute any pre-Seminar materials needed for background information.

-  Finalize preparations for the Seminar and traveler arrangements (where appropriate), as well as confirm venue; audio-visual requirements, invitation of media; and registration details.

Oct. – Dec. 2017

-  Conduct the Seminar.

-  Draft summary report, including recommendations on capacity building activities for compliance with CBPR.

-  Submit a Project Completion Report to the APEC Secretariat.

Jan.-Mar. 2018

-  Circulate summary report to all speakers and participants as well as to the ECSG and CTI.

Risks

Risk 1: Insuring participation in the seminar is adequate.

Risk Management: Invitation letters will be sent at least two months in advance (beginning of August) so participants will have enough time to manage their schedules.

Risk 2: Difficulties in connecting seminar participants in a short time frame.

Risk Management: We will arrange a reasonable amount of time in the workshop for participants to network.

Monitoring and Evaluation

Several indicators are being used to assess the achievements of the project, including: 

1) At least 10 APEC Economies are expected to be present at the Seminar.

2) It is expected that around 150 participants will attend the Seminar, with one-third of those participants being female.

3) The participant evaluation forms will be used to assess the impact of the Seminar.

4) The recommendations made in the report to facilitate cross-border privacy protection will be used for further consideration. The outcomes and achievements of the project will be discussed at the ECSG meeting.

Linkages

The purpose of this project is to continue the efforts of the “Readiness for Cross-Border Privacy Rules System in APEC” workshop held in Vietnam in October 2016, and discuss next steps needed to advance work on participation in the CPBR System.

This project will invite APEC Member Economies, whether joining CBPR System or not, and organizations to share their experiences in joining the CBPR System. In addition, business delegates from ABAC, PECC and other fora will also be invited. This project will facilitate the participation of APEC Member Economies in the CBPR System, while building consumer, business, and regulator trust in a regulatory approach that provides appropriate prudential oversight, and legitimate security protection for consumers.

Sustainability

Following the Seminar, participants are expected to have a better idea about the CBPR System. We expect the Seminar will better inform APEC policy makers about the need to balance their protection of personal information while simultaneously promoting cross border data flows. This information will optimally contribute to policies that are more conscious of the challenges, and also identify specific areas for capacity building activities regarding the CBPR System.

All the Seminar presentation files, as well as the project’s final report will be uploaded to the ECSG’s website for free access. The recommendations and lessons learned from the Seminar will continue to be of help to policy makers, and will help to raise awareness of the issue across other APEC fora. The report’s recommendations will assist APEC Member Economies consider how to further facilitate cross-border privacy protection, and assist non-CBPR participating Member Economies to enable and identify opportunities to apply the System.

Through the discussions and experience sharing during the Seminar and the follow-up summary report, we expect to increase business’ awareness of the importance of the CBPR, and improve their willingness to apply for CBPR certification. Moreover, we expect the Seminar will assist participants in doing advocacy of the CBPR System after they return to their home economies. With their efforts to encourage their governments to join the system, we anticipate that the numbers of the CBPR Members will expand in near future.

After the Seminar, Chinese Taipei will also use outcomes and recommendations from the Seminar to push for more capacity building activities domestically for 2018, in order to facilitate its preparation work of joining the CBPR.

Project Overseers

Mr. Wen-Cheng Ke serves as Deputy Director of the Multilateral Trade Affairs Division, Bureau of Foreign Trade, Ministry of Economic Affairs. Mr. Ke is a senior trade diplomat with more than 25 years’ experience. His past postings include Hungary, Canada and Germany. He now supervises the APEC Affairs Task Force, Multilateral Trade Affairs Division, Bureau of Foreign Trade. Mr. Ke participated in the 18th Trade Policy Course of the World Trade Organization (WTO) in Geneva in 2001.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Not Applicable.

Waivers

Not Applicable.

Are there any supporting document attached?

No 
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Project No.

Project Title

Project Status

Publication (if any)

Fund Account

Sub-fund

Project Year

Project Session

APEC Funding

Co-funding Amount

Total Project Value

Sponsoring Forum

Topics

Committee

Other Fora Involved

Other Non-APEC Stakeholders Involved

Proposing Economy(ies)

Co-Sponsoring Economies

Expected Start Date

Expected Completion Date

Project Proponent Name 1

Job Title 1

Organization 1

Postal Address 1

Telephone 1

Fax 1

Email 1

Project Proponent Name 2

Job Title 2

Organization 2

Postal Address 2

Telephone 2

Fax 2

Email 2

Declaration

Project Summary

Relevance

Objectives

Alignment

TILF/ASF Justification

Beneficiaries and Outputs

Dissemination

Gender

Work Plan

Risks

Monitoring and Evaluation

Linkages

Sustainability

Project Overseers

Cost Efficiency

Drawdown Timetable

Direct Labour

Waivers

Are there any supporting document attached?

hdFldAdmin

Project Number

Previous Fora

Secretariat Comments

Reprogramming Notes

Consolidated QAF

Endorsement By Fora

PD Sign Off

Batch

Forum Priority

Committee Ranking Category

Committee Priority

PDM Priority

Priority Within Funding Category

Monitoring Report Received

Completion Report Received

PMU Field 1

PMU Field 2

PMU Field 3

On Behalf Of

Proposal Status

Originating Sub-Forum

Approval Status
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