Australia: Privacy and Other Legislation Amendment Act 2024 including cross-border data transfer regulation enters into force

On 11 December 2024, the Privacy and Other Legislation Amendment Act 2024 entered partially into force. The Act amends the existing privacy regime, including rules on overseas data flows. These rules require that personal information can only be transferred to countries or binding schemes that provide substantially similar privacy protections as those under the Australian Privacy Principles (APPs). Prior to the Governor-General's designation of a country or scheme for data transfers, the Minister is obligated to confirm that the designated country or scheme offers adequate legal protections and that individuals have mechanisms to enforce their rights. Furthermore, regulations impose specific conditions on entities or types of personal information involved in cross-border transfers.