In our current landscape of exponential data growth, businesses have an unprecedented level of access to valuable insights. However, with this comes an increase in businesses prioritising data sovereignty when selecting and integrating new software solutions.
A study by CISCO found that 47% of adults across 12 counties have terminated contracts with companies over poor data privacy policies. This concept raises important questions about which stakeholders should be able to access and benefit from specific data types.
This article will help your business navigate the complexities associated with data ownership, privacy, and encryption. By the end of this article, you will be able to make informed decisions about managing your organisational data.
What is Australian data sovereignty?
Data sovereignty is a fundamental concept that specifies how data should be managed, handled, controlled, and protected. It includes Australian regulatory bodies’ and citizens’ rights to assert authority and governance over the data produced within its borders. This can protect sensitive data from external third-party access or interference and ensure that businesses adhere to national data protection regulations.
Australian data sovereignty also involves various processes, such as maintaining data integrity, confidentiality and providing the right people with access to the right data. This helps empower individuals and organisations to have trust in our evolving business landscape and retain a sense of control over their data.
Why is data sovereignty important?
Data sovereignty is becoming increasingly crucial for shaping business strategies, driving innovation, influencing decision-making and avoiding reputational risk.
Furthermore, as data becomes a key driver of long-term economic and national growth, it is crucial to understand and prioritise data sovereignty. Data sovereignty holds significant importance for your business for the following reasons:
- National Security and Governance– Data sovereignty enables different regions and countries to assert control over how data generated within their borders should be managed. This can be paramount for reducing unauthorised third-party access to sensitive and private data that could jeopardise national security and cybersecurity.
- Protecting Individual Privacy- As data becomes more and more useful for various organisations, there are increasing concerns about the data privacy of individuals and their sensitive information. By adhering to different data sovereignty principles and best practices, your business can ensure that your data management processes empower individuals to retain control over their data.
- Supporting Localisation and Compliance Regulations- Many countries, including Australia, have established data localisation regulations and laws that require certain types of data to be stored, processed, and managed within their territories. Businesses operating in these regions must comply with these regulations to promote long-term success.
- Fostering Transparency and Accountability- Research indicates that 63% of Internet users believe that most companies are not transparent about how and why their data is used.Data sovereignty can help foster and promote transparency and accountability in data management processes. Businesses can build trust with customers and partners when they demonstrate a concern for ethical and responsible data protection best practices.
What is data sovereignty vs data residency?
While data sovereignty and data residency, and interrelated concepts have some key differences. Data sovereignty refers to a nation or entity’s right to control the data generated within its borders. This includes ownership, access, and authority over different types of data. Conversely, data residency focuses on the physical location where data is stored, irrespective of who owns, controls, or accesses it.
Fundamentally, data sovereignty specifies who and how data should be controlled, while data residency identifies where it should be stored. Understanding these concepts can help you navigate various data regulations and best practices to make informed decisions about your organisational data.
GDPR Data Residency Requirements:
The General Data Protection Regulation (GDPR) is a detailed data protection regulation that applies to all territories within the European Union (EU) and the European Economic Area (EEA).
Under GDPR, businesses must ensure that personal data of individuals within these territories is safely processed and stored within the EU/EEA region. If data is being transferred to countries outside these regions, specific safeguards and mechanisms, such as Binding Corporate Rules (BCRs) and Standard Contractual Clauses (SCCs) must be employed.
GDPR is a robust tool to protect individuals’ privacy, rights, and personal information. Therefore, it is crucial for businesses operating within the EU/EEA or handling data from these regions to be diligent and up-to-date with GDPR.
Does Australian data need to be stored in Australia?
Requirements for data sovereignty in Australia differ according to the stored data type. While there are no distinct regulations about personal data overall, offshore data transfers or access provision to data by individuals must comply with Australian Privacy Principles (APPs).
For example, Australia has clear restrictions and regulations about businesses disclosing individuals’ health records or related data without consent. Similarly, financial data, technological tools, and software on the Defence and Strategic Goods List (DGSL) may have to comply with similar data residency requirements.
Complying with thesis regulations is essential for helping your business comply with and align with various Australian data sovereignty laws.
Challenges In Data Sovereignty:
44% of organisations have stated that complexity is the biggest barrier to good data security policies. In this section, we will discuss some of the biggest challenges with implementing data sovereignty and how your business can address them.
1. SAAS and cloud infrastructure
Various innovations and adoption of Software as a Service (SaaS) tools and cloud infrastructure has introduced certain complexities and challenges for data sovereignty. Storing sensitive data on host servers from international SaaS and cloud providers may lead to data residing outside national borders. This may result in regulatory compliance issues with Australian data sovereignty laws.
Therefore, businesses must carefully analyse their chosen providers’ data residency policies and specifications and introduce appropriate measures to maintain governance over their data management processes. This can help build an appropriate balance between the convenience of these services and privacy.
2. Changing laws and regulations
As the utilisation and implementation of data continue to evolve, national and international laws and regulations also change. However, it may be difficult for businesses to stay updated and navigate these changing laws and regulations.
Your business must ensure that it is up-to-date with the latest data laws and regulations. Failure to comply with changing regulations may result in penalties and risk damaging your reputation.
3. Operational costs
Monitoring and maintaining data sovereignty may increase your business’s operational costs. For example, developing and refining local data centres and secure data storage infrastructure may require a substantial financial investment. Balancing these different data-related costs often requires strategic planning and effective resource allocation.
Adopting cost-effective data sovereignty strategies can help your business prioritise sustainability, data security, and compliance.
4. Data mobility
In a globalised business landscape, businesses may often need to transfer their data across different international borders. However, data sovereignty regulations may restrict seamless data transfers and data mobility.
Therefore, your business must establish and prioritise robust data transfer instruments and mechanisms compliant with data sovereignty regulations in various geographical regions. This can help strike a balance for interconnected business operations.
5. Risk violations
Failure to comply with various data sovereignty regulations may severely damage your business reputation and put you at risk of legal penalties. Data breaches or unauthorised data sovereignty can reduce productivity and affect customer relationships.
Your business must implement data security measures, access controls, and comprehensive encryption protocols to reduce the risk of such violations. Furthermore, a clear understanding of data governance policies and employee training is essential for ensuring that your data management processes effectively align with data sovereignty requirements.
Your obligation to customers:
With access to such vast amounts of data and information, your business has a critical responsibility and obligation to customers to protect their sensitive data. This not only ensures that your business is compliant with various regulations but can also foster trust and customer loyalty.
When handling your business’s data, you must keep the following in mind:
- Transparency and Explicit Consent: Customers have the right to know how this information will be utilised and protected when collecting sensitive personal data. Your business must be transparent with its data collection methods, and offshore data transfers. You must also obtain explicit consent from customers before collecting and utilising their data.
- Data Security and Protection: One of your business’s biggest responsibilities is protecting customer data from unauthorised access and breaches. These include implementing rigorous data security measures, firewalls, and encryption protocols to assure customer data is managed responsibly and ethically.
- Data Retention and Deletion: Your customers may request access to their data or even ask for their information to be completely deleted in some situations. Therefore, your business should have clear policies and methodologies in place for handling these types of requests.
- Responsiveness to Data Breaches: In the event of a data breach, your business must respond quickly and effectively. Customers and relevant regulatory authorities must be immediately notified of the violation and the actions your company is taking to rectify security issues and prevent future breaches.
How do you ensure data sovereignty?
Ensuring that your business follows data sovereignty requires a comprehensive understanding of various legal, technical, and organisational frameworks. Your business should prioritise implementing reliable data governance policies and security protocols. You should also carefully evaluate multiple data storage solutions that comply with relevant regulations and laws.
Another best practice is constantly evaluating your data processing practices and legal requirements to maintain data sovereignty. This can help your business navigate the complexities of protecting your data in our modern digital landscape.
ISO 27001 accreditation and SOC2 compliance are two of the most essential certifications in the field of data security. They both focus on upholding and ensuring the confidentiality, integrity and availability of sensitive organisational data.
Vision6 is the only Australian email and SMS provider to be equipped with such certifications, solidifying our commitment to protecting your data.
Key takeaways:
Data sovereignty is a critical consideration in our data-driven world. Following national data residency requirements is crucial for building customer trust and effective compliance procedures.
Vision6 stores your data locally, providing a secure platform for you to take your bsuiness operations to the next level. Book a free demo today with Australia’s most reliable email and SMS marketing today!
