Overseas suppliers: When do New Zealand businesses need to understand GDPR?

  • Podcast

    30 September 2024

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In this episode, Partner Tom Maasland and Senior Associate Libby Conole from our Technology team discuss the impacts of EU General Data Protection Regulation (GDPR) on New Zealand businesses working with overseas suppliers. They explain why GDPR really matters in the New Zealand context, and how best to navigate related contractual terms.

[01:30] Tom and Libby begin the episode by considering what GDPR is, and why it matters to New Zealand businesses, particularly when dealing with overseas suppliers.

[03:14] Libby talks through the GDPR's impact for New Zealand businesses, noting the GDPR’s distinction between data controllers and processors and how this differs from New Zealand’s privacy law concepts.

[04:30] Tom and Libby discuss GDPR Article 28, how it requires contracts to be put in place where data processing occurs and specifies certain obligations that must be contained in those contracts for data protection purposes.

[06:50] Libby then explains the relevance of these obligations for New Zealand businesses when dealing with an overseas company and their standard terms of trade, offering valuable practical advice on how to deal with such clauses.

[10:11] Libby and Tom lastly discuss GDPR standard contractual clauses and their role in ensuring data protection across borders. They consider how New Zealand businesses are affected by such clauses and how they should navigate them in practice.

Information in this episode is accurate as at the date of recording, 18 September 2024.

Please contact Tom Maasland, Libby Conole or our Technology team if you need legal advice and guidance on any of the topics discussed in the episode.

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