Page 10 - SAMENA Trends - January 2022
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FEATURED  SAMENA TRENDS





                      Regulatory Sandboxing for Cross-Border Data Flows Promoted




          During  September  2021,  SAMENA
          Council  held  its 5th SAMENA Leaders’
          Roundtable  (SALT),  organized under
          overarching theme of “IoT Development
          in the Region”. It  was  discussed that
          whether standalone or in the context of
          enabling  IoT  development  across  the
          region,  the issue of cross-border data
          management  requires timely  attention.
          Doing  so would help to  enhance the
          region’s  competitiveness globally,  while
          also enabling  Operators to achieve
          reasonable scale in their business.

          With many of SAMENA Council’s
          member  Operators inherently multi-
          market service providers, there is a dire
          need to allow Operators to transfer and
          access data  across  borders.  Current
          data management policies prevent data
          aggregation across markets and deprive
          SAMENA  Council’s  member Operators
          as  well  as  other market  players  from   the challenge  of cross-border data   data protection and privacy frameworks
          accessing the full advantages and scope   management. Such  approach  would   of the other) or as an extension (whereby
          that  virtualization  and  cloudification   allow for the creation of an environment   Binding Corporate Rules are implemented
          offers, for example. At  present,  there is   within  which  prevailing  regulatory  to safeguard data flows across borders).
          no GCC-wide data privacy and protection   controls are temporarily suspended,   Binding Corporate Rules would allow for
          framework that would allow smooth data   or  substantially  modified,  for  a  defined   off-shore transfer of data within a multi-
          flow across borders,  and each country   period  of time, and during which   network Operator and the processing of
          has its own data sovereignty rules.  alternative approaches to the regulation   data outside the home country to occur
                                             of the industry can be tested.      as  though the data  was  still  resident
          Thus the region’s progressive regulators                               in  the home country.  Through either
          need  to spearhead  the removal  of   The  sandboxing  approach  would  equivalence  or extension,  the ultimate
          incongruous  elements  that  exist at   also help explore the  minimum data   benefit is reaped by all the stakeholders
          both national and regional  level in data   protection  and privacy requirements   (end-Users,  Operators,  Authorities) as
          flows to accelerate IoT and to facilitate   and, at  the same time, could  also be   positive outcomes are generated for
          Operators’ business scalability.   used  by the  relevant data authorities   the economy and the nascent  digital
                                             in a  country  by  any  corresponding and   ecosystem  benefits,  considering  new
           In this regard, as  suggested  during  its   collaborating  jurisdictions  to better   services are offered,  providing impetus
          2021 SALT Meeting,  SAMENA Council,   understand  any  requirements  for  for ecosystem  expansion  with  the
          in consultation with its Members,  has   relevant bi-lateral arrangements based   participation  of new players and the
          started promoting the “Regulatory   either on equivalence (whereby  each   availability of new choices.
          Sandboxing Approach” for tackling   country party to the sandbox accepts the














                                                                                                    10    JANUARY 2022
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