Project Title

APEC Cross-Border Privacy Rules System Fostering Accountability Agent Participation for Participants, Developing Economies, and MSMEs Benefit Workshop 

Project Year

2018   

Project Number

ECSG 01 2018 

Project Session

Session 2   

Project Type

Standard 

Project Status

Project in Implementation   
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Project No.

ECSG 01 2018 

Project Title

APEC Cross-Border Privacy Rules System Fostering Accountability Agent Participation for Participants, Developing Economies, and MSMEs Benefit Workshop 

Project Status

Project in Implementation 

Publication (if any)

 

Fund Account

General Project Account 

Sub-fund

None 

Project Year

2018 

Project Session

Session 2 

APEC Funding

100,000 

Co-funding Amount

Total Project Value

100,000 

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)

United States 

Co-Sponsoring Economies

Australia; Canada; Chile; Japan; New Zealand; Peru; Philippines; Singapore; Chinese Taipei; Viet Nam 

Expected Start Date

01/01/2019 

Expected Completion Date

31/12/2019 

Project Proponent Name 1

Michelle Sylvester-Jose 

Job Title 1

Policy Advisor 

Organization 1

US Department of Commerce 

Postal Address 1

1401 Constitution Ave, NW, Washington, DC 20230, USA 

Telephone 1

(1-202) 8150374 

Fax 1

Not Applicable 

Email 1

michelle.sylvester-jose@trade.gov 

Project Proponent Name 2

Michael Rose 

Job Title 2

Not Applicable 

Organization 2

US Department of Commerce 

Postal Address 2

1401 Constitution Ave, NW, Washington, DC 20230, USA 

Telephone 2

(1-202) 8150374 

Fax 2

Not Applicable 

Email 2

michael.rose@trade.gov 

Declaration

Michelle Sylvester-Jose and Michael Rose 

Project Summary

In December 2017, a workshop held in Manilla, Philippines showed that a key barrier to uptake of the CBPR System for developing economies and MSMEs has been challenges with Accountability Agent recruitment and participation.  The workshop further showed that the lack of Accountability Agents and the cost of certification can be limiting in developed, participating economies as well and has been a key challenge to uptake of the CBPR certification.  This workshop and the accompanying project Project Report will outline steps APEC and participating economies can increase the understanding of the Accountability Agent criteria, study various models for Accountability Agents – from private sector to government authorities – and discuss ways to mitigate existing high cost of certification in some instances.  The project will begin in January 2019 culminating with a workshop to be hosted in a centrally-located city for APEC economies in the United States, or another interested economy and a prepared findings Project Report.

Relevance

Relevance – Region: The December 2017 Manila, Philippines workshop on “Making the APEC Cross-Border Privacy Rules Scalable”  and the subsequent endorsed project Project Report “Making the APEC Cross-Border Privacy Rules Scalable: Project Report from Manila, Philippines APEC CBPR Workshop, December 5-6, 2018” showed that a key challenge to the further adoption of the CBPR System by businesses and economies is the lack of Accountability Agents, including information about how Accountability Agents function in various economies and the benefits of the Accountability Agent model for improving consumer privacy protections and business connectivity in the APEC region. This presents a significant challenge for SMEs that seek to streamline their compliance efforts by building a global system for their organization that embraces the free flow of information across jurisdictions.

Accountability Agents play an integral role and are a required function of the CBPR System. Accountability Agents review, certify, monitor and enforce the privacy policies and practices of participating companies to ensure compliance with the CBPR System. 

This workshop and accompanying project Project Report will further study the challenges facing MSMEs, economies, and businesses across the region in implementing the Accountability Agent framework in different jurisdictions, improving communication and awareness, and ensuring appropriate regulatory oversight to build consumer trust in the CBPR certification. 

Relevance – Eligibility: This project to falls under the following priorities of GPA:

·   Improving Digital Connectivity, deepening Regional Economic Integration

The goal of the CBPR System is to facilitate trade and strengthen consumer privacy protections and trust across the Asia Pacific region by minimizing unnecessary barriers to the cross-border flow of information due to differing privacy protection regulations within the participating APEC Economies. The CBPR System provides a mechanism for facilitating cross-border data transfers, while protecting privacy rights around the APEC region. 

·         Strengthening MSMEs’ Competitiveness and Innovation in the Digital Age

This workshop aims at creating increased opportunities to assist companies in demonstrating strong privacy protections to consumers and business partners, providing a marketing advantage for CBPR participating companies. Furthermore, the CBPR System can help assist organizations in coming into compliance with local regulations and demonstrating that compliance to third parties, including regulators.

Relevance – Capacity Building: How will the project build the capacity of APEC member economies. For ASF projects, please identify the APEC developing member economies that will benefit from this project. (Refer to capacity building goals, objectives and principles at Appendix K of the Guidebook.)

This project strives to support developing economies and other APEC economies in finding solutions for improving digital connectivity through participation in the CBPR System, allowing MSMEs to gain market access across APEC and participate in global supply chains which rely on the free movement of data across borders.

The project will develop policy recommendations and identify practical challenges for Accountability Agent uptake and regulation in diverse APEC economies with varied privacy laws.  Additionally, much work will be dedicated to supporting AA models where MSMEs can gain access to the certification through lower-cost certification solutions than what is currently available.

Objectives

1) Enhance awareness of the Accountability Agent criteria and model for privacy certifications in APEC, including associated costs and benefits of certification;

2) Enhance access to Accountability Agents and a CBPR certification for MSMEs and developing economies though sharing of best practices and enforcement models; and

3)  Ensure participants will be able to recruit and work with Accountability Agents of differing business models in different APEC economies, ensuring broader uptake of the CBPR certification to benefit businesses in the APEC region and regional economic integration through free flow of commercial data.

Alignment

Alignment - APEC:  In the AELM Declaration of 2015, the Leaders recognized the significance of enabling the participation of “micro, small and medium enterprises, to achieving inclusive growth” and committed to “take action to facilitate such participation”. The Boracay Action Agenda to Globalize MSMEs was adopted as an effort to implement this commitment and one of action could be taken is “6.Expanding internationalization opportunities for micro and small enterprises providing goods and services through ICT and e-commerce”. This project aims to encourage the adoption of cross-border e-commerce in businesses of MSMEs. In addition, the discussion about promoting policies will help facilitating the internalization of MSMEs businesses.

This project also contributes for the implementation of APEC Cross-border E-commerce Facilitation Framework: “Enhancing capacity building so that APEC Economies can assist MSMEs to increase their cross-border e-commerce participation in global and regional markets.” 

Importantly, this project builds off of the APEC Leaders’ call in 2016 to “We recall the APEC Leaders 2011 Honolulu Declaration and recognize the importance of implementing the APEC Cross-Border Privacy Rules (CBPR) System, a voluntary mechanism whose participants seek to increase the number of economies, companies, and accountability agents that participate in the CBPR System.”  This project will assist in increasing Accountability Agent participation, businesses, and economies. 

Alignment – Forum: The ECSG and its subgroup the Data Privacy Subgroup (DPS) oversee the CBPR System, including its implementation and updates.  Further, the ECSG oversees the E-Commerce Facilitation Framework, which calls for improving the business environment for MSMEs in APEC and undertaking capacity building activities for economies.

TILF/ASF Justification

Not Applicable.

Beneficiaries and Outputs

Outputs: The two workshops 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 first workshop, that will take place for 1.5 days in the United States, will provide the opportunity to discuss greater inclusions of MSMEs and developing economies in the CBPR System though sharing of best practices that will enable MSMEs to gain market access across APEC and participate in global supply chains which rely on the free movement of data across borders. The first workshop’s agenda and topics that will be covered will focus on the barriers that AA’s face when seeking participation in the CBPR System, including lack of awareness, accountability for compliance, and role of the AAs with companies and regulators. Current AA’s, such as TrustArc and JIPDEC, will have the opportunity to share their best practices when recruiting AA’s for participation and their role with businesses. For the benefit of all participants, experts from Member and Non-Member Economies, including;

·   Policymakers responsible for the development of the CBPR System, with an emphasis on funded participation from policy makers from participating economies;

·   Regulatory Authorities that would enforce the CBPR System;

·   Business organisations responsible for the protection of consumers privacy; and

·   APEC consumers. 

The first workshop – to be funded by this approved concept note through APEC will discuss existing policy barriers to AA uptake throughout economies.  Different models – both existing and theorized – for AA participation will be discussed, offering participants the ability to ask questions on how a given AA model may suit the needs of interested economies.  The key targets of this workshop will be APEC economies – especially those with a stated interest in CBPR participation or those economies already participating in the CBPR System – as well as prospective and current AAs and industry interested in or currently certified under the CBPR System.  The workshop is expected to be one to one and a half days and will result in a Project Report which will be an APEC publication. 

The second workshop, which will be hosted on the margins of SOM3 2019 and will not be funded through this project funding, but rather be self-funded, will produce a Project Report that outlines the policy recommendations for AA uptake by participating economies and mechanisms to increase AA and company participation. This Project Report will be circulated to all participants as well as delivered to CTI and other APEC relevant committees and working groups for further discussion. 

The second workshop will take place in Chile on the margins of SOM3 in August 2019.  The workshop will strictly be an opportunity – taking place in roundtable form – for participants from the first workshop and the project overseer to outline key policy recommendations from the first workshop and Project Report to implement AA models in diverse economies throughout APEC.  The agenda will be a less than half-day roundtable of presentations from participants in the first workshop and the project overseer with a roundtable discussion to outline policy recommendations and any interest or concerns from relevant economies. 

In terms of the Project Report:

1) Outline of content: Accountability Agent requirements, Enforcement of Accountability Agents, assisting businesses in joining the CBPR System through an Accountability Agent, challenges and solutions for MSME participation in the CBPR System.

2)  Target audience: APEC Government representatives in the privacy and data protection space, prospective companies that are seeking to become an Accountability Agent in the APEC CBPR System.

3)  Expected length: The report will be between 3-5 pages.

4)  Purpose: The Project Report will assist APEC Economies on the process on implementing AA models in diverse economies. This will benefit MSMEs, economies, and businesses across the region in implementing the Accountability Agent framework in different jurisdictions, improving communication and awareness, and ensuring appropriate regulatory oversight to build consumer trust in the CBPR certification.

5)  Will it be an APEC Publication: Yes. 

Outcomes: In 2017, a workshop held in Manilla showed that a key barrier to uptake of the CBPR System for developing economies and MSMEs has been challenges with Accountability Agent (AA) recruitment and participation.  The workshop further showed that the lack of AA and the cost of certification can be limiting in developed, participating economies as well and has been a key challenge to uptake of the CBPR certification.  Building off of the Project Report from the Manila workshop which recommended more AA participation, this workshop and Project Report will outline steps APEC and participating economies can increase the understanding of the AA participation – from private sector to government authorities – and discuss ways to mitigate existing high cost of certification in some instances. 

Throughout the workshop and through the development of the Project Report on the workshop participants will gain in-depth knowledge of the practical steps to take for CBPR System participation. In the medium and long-term It will enable current CBPR participating Economies to take practical steps to put in place Accountability Agents that enable SME participation in the APEC CBPR System. Participants from both developed and developing APEC member economies, will all benefit by the implementation options discussed at this workshop. Interested third-parties that are seeking to become Accountability Agents will be able to connect with APEC Economies and learn from experienced AAs on their experiences in working with businesses. Finally, it is anticipated that other economies and multilateral fora (e.g. OECD) will benefit from the workshop through information sharing and interactive discussions on data privacy issues. 

Beneficiaries: Direct beneficiaries are seminar participants, including APEC Economy representatives and private sector stakeholders. Participants will share best practices for joining and promoting the CBPR System, and the value of SME access to the global supply chain. For both private sector (current and potential AAs and digital-focused industry associations and businesses)  and government authorities (enforcement agencies and privacy policymakers), this will offer the opportunity to explore SME friendly Accountability Agent implementation in their APEC Economy. Ideally, participants will include representatives from the mid to senior staff level who can implement policy changes. For APEC Economy consumers, greater awareness and potential expansion of the CBPR System will generate new markets to access and increase the flow of data. The subsequent workshop Project Report will provide non-attendees with the opportunity to learn from the best practices and other information discussed.

Dissemination

The Project Project Report will be an APEC publication. Best practice recommendations will be included in the Project Report for publication.  Project Reporting, and other written outputs associated with this project, which will be publically available, must will be presented to the Secretariat in a standard of English which requires no further copy-editing. The Project Project Report and other materials, which may or may not be distributed and published as an APEC publication, must  will be prepared in accordance with the Guidebook on APEC Projects, the APEC Publication Guidelines and the APEC Logo Guidelines. Where contracted labour is used to produce Project Reports or other written outputs, contractor terms of reference must  will state that all will be presented in a level of English fit for publication and require no further copy-editing by the APEC Secretariat. The targeted audience of the project will include APEC ECSG and DPS delegates responsible for privacy issues, privacy enforcement authorities, civil society, academia, and business representatives.

The content of the workshop will be delivered through presentations and supplemented with a Project Report that summarizes the best practices. The workshop results and documentation will be sent electronically to all participants. The Project Report will also be made available on the APEC CBPR website. All publications, electronic and hardcopy, will conform to APEC publications and logo guidelines. 

There is no intention to sell outputs from this project.

Gender

This project is grounded in the understanding that women and men, as consumers, will benefit equally from greater accountability in cross-border flows of personal information. The issue of data privacy, including protection from harm and misuse of information, does not contain gender-biased provisions as the purpose of a fully operational CBPR system is far reaching in its effort to protect the personal information of the individual, regardless of gender or where in the APEC region that personal information is transferred or accessed.  Success of this activity rests on the premise that engagement and consultation occurs with a wide and diverse array of stakeholders, from government, the private sector and civil society, including women from all groups. Participation in this workshop will increase, for women, access to capital, markets, skills, and in particular innovation and technology. The project overseers will encourage women from APEC member economies to participate in the activity and APEC travel eligible economies will be strongly encouraged to consider nominating female participants. Consideration will be made for speakers and participants who can provide gender-sensitive perspectives on cross-border privacy transfers. Additionally, the workshops will strive to have gender parity and inclusion of women as experts, speakers, and participants. 

The intended gender ratio of speakers and participants will be a 50-50 split between men and women.  The PO is committed to encouraging gender equality in participation and speakers and will endeavor to meet this goal to the extent possible and in its control. 

PO is committed to collect sex disaggregated data for all speakers and participants (not only the APEC funded) at the project event. This data will be included when submitting a Completion Report to the Secretariat at the completion of the project as well as giving future POs guidance on their own gender parity targets.

Work Plan

·   DATE

·   TASK AND DELIVERABLES

April- May 2019

Finalize Workshop Agenda and send to all stakeholders to discuss intended outcomes.

January-March 2019

Send invitations to potential speakers across APEC Economies, and ensure their participation will attribute to the workshop goals.

Coordinate with Seminar attendees to facilitate travel (where appropriate).

Establish deadlines for presentations.

Send invitations to APEC ECSG representatives

March 2019

Finalize the speakers and workshop agenda

Spring – Early Summer 2019

Conduct workshop

Draft summary Project Reports – including project Project Report, including recommendations based on discussions

Summmer-Fall 2019

At SOM 3, present findings of workshop and policy recommendation Project Report to APEC Economies and relevant APEC groups.  Present project Project Report and seek endorsement.

AND

Within two months of conclusion of event, drafting and endorsement of completion Project Report.

December 2019

Distribute Completion Project Report to relevant APEC foras

Six-Twelve Months post-event

Participate in the long-term evaluation of APEC projects conducted by the Secretariat.

Risks

Risk 1: Ensuring that qualified speakers participate in the workshop 

Risk Management 1: Distribute invitations to potential speakers at least 2 months in advance of workshop. Ensure that speakers are briefed on the expected outcomes and explain that their presentations should be tailored to discuss the topics.  Engage in bilateral consultations and encouragement, including follow ups to invitees and economies, and especially targeting current members of the ECSG delegation for travel-eligible economies.  In addition, PO will work with industry associations to identify a broad range of invited speakers from throughout the APEC region with thorough engagement and follow up to specific persons. 

Risk 2: Ensuring that potential Accountability Agents attend the seminar. 

Risk Management 2: Discuss with APEC Economies Accountability Agents representatives that have expressed an interest in participating in the CBPR System and ensure they are invited to participate. 

Risk 3: Economies not applying knowledge learned or adopting recommendations of project Project Reports. 

Risk Management 3: Long-term follow up on the agenda of the Data Privacy Subgroup for readouts of implementation including a possible implementation map led by the United States which will receive and track implementation and best practices from economies in the years following this event.

Monitoring and Evaluation

Indicators to assess the achievements of the workshop, include:

·   At least 10 APEC Economies expected to be present at the workshop;

·   Strong private sector participation, including representatives that are seeking to become Accountability Agents;

·   Participation evaluation forms/survey will assess the participants knowledge gain;

·   Number of participating prospective or current Accountability Agents

·   The number of best practice recommendations to be provided to economies, taking into consideration recommendations for economies with varying legal regimes and economies of different sizes.

·   PO will monitor the project’s progress through biweekly meetings with the team overseeing this workshop within the United States, including consultations with relevant U.S. agencies on visas; and

·  the Project Report will be distributed electronically to ECSG and DPS Economy stakeholders to ensure the best practices are widely shared.

Linkages

In the AELM Declaration of 2015, the Leaders recognized the significance of enabling the participation of “micro, small and medium enterprises, to achieving inclusive growth” and committed to “take action to facilitate such participation”. The Boracay Action Agenda to Globalize MSMEs was adopted as an effort to implement this commitment and one of action could be taken is “6.Expanding internationalization opportunities for micro and small enterprises providing goods and services through ICT and e-commerce”. This project aims to encourage the adoption of cross-border e-commerce in businesses of MSMEs. In addition, the discussion about promoting policies will help facilitating the internalization of MSMEs businesses.

This project also contributes for the implementation of APEC Cross-border E-commerce Facilitation Framework: “Enhancing capacity building so that APEC Economies can assist MSMEs to increase their cross-border e-commerce participation in global and regional markets.” 

Importantly, this project builds off of the APEC Leaders’ call in 2016 to “We recall the APEC Leaders 2011 Honolulu Declaration and recognize the importance of implementing the APEC Cross-Border Privacy Rules (CBPR) System, a voluntary mechanism whose participants seek to increase the number of economies, companies, and accountability agents that participate in the CBPR System.”  This project will assist in increasing Accountability Agent participation, businesses, and economies.

Sustainability

The project will be a enable economies to participate in the CBPR System and enhance the expansion of trust mark organizations in APEC to meet CBPRs. The workshop will promote the importance of privacy protection throughout organizations using trust marks within the APEC region. The Project Report 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 fully participate in the CBPR System. We anticipate this will increase awareness of the importance of the CBPR System, and improve their willingness to apply for CBPR certification. 

Following the workshops the project overseers will track the number of APEC Economies that either 1.) note their intent to participate in the CBPR System or 2.) track which APEC Economies have applied for an Accountability Agent in their Economy. They will work with workshop participants to facilitate their participation in the System. APEC Economies participation and dates of implementation of CBPR System elements are tracked on an ongoing basis via the Cross-Border Privacy Rules System website.

Project Overseers

Michael Rose, Policy Advisor, Global Data Policy Team, International Trade Administration, APEC DPS Vice-Chair, Michael.Rose@trade.gov

Michelle Sylvester-Jose, Policy Advisor, Global Data Policy Team, International Trade Administration, michelle.sylvester-jose@trade.gov

The project overseer is qualified to ensure sustainability demonstrated through the completion of a 6-year Multi-Year on CBPR System capacity building completed in 2017. The Project Overseer is the same individual in charge of multiple years of events and projects completed and approved by APEC and maintains a leadership position for both the CBPR System (as Chair of the Joint Oversight Panel) and as Vice-Chair of the APEC Data Privacy Subgroup, which positions to Project Overseer to effectively continue addressing the outcomes of this Project Report.

Cost Efficiency

Not Applicable.

Drawdown Timetable

Not Applicable.

Direct Labour

Not Applicable.

Waivers

Not Applicable.

Are there any supporting document attached?

No 
Attachments
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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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