Australia: Entry into force of Regional Comprehensive Economic Partnership including Online Personal Information Protection (Article 12.8)

On 1 January 2022, the Regional Comprehensive Economic Partnership (RCEP) entered into force for ten original parties: Australia, Brunei Darussalam, Cambodia, China, Japan, Laos, New Zealand, Singapore, Thailand and Vietnam. The RCEP was signed by Australia, Brunei, Cambodia, China, Indonesia, Japan, South Korea, Lao, Malaysia, Myanmar, New Zealand, the Philippines, Singapore, Thailand, and Viet Nam. Chapter 12 of the RCEP regulates Electronic Commerce. In particular, Article 12.8 on Online Personal Information Protection requires parties to adopt or maintain a legal framework ensuring the protection of personal information of electronic commerce users. Further, the provision requires parties to publish information on the personal information protection they provide to electronic commerce users, including how: (a) individuals can pursue remedies; and (b) business can comply with any legal requirements. In addition, the provision requires parties to encourage juridical persons to publish their policies and procedures related to the protection of personal information. Finally, the provision encourages cooperation between the parties on protection of personal information. Cambodia, Lao, and Myanmar are not required to comply with obligations of the Article for a period of five years after the date of entry into force of the RCEP, with an additional three years if necessary. Viet Nam is not required to comply with obligations of the Article for a period of five years after the date of entry into force of the RCEP.