Capability 2.3.3.4

Offshore Data Access (trusted transfers)

Definition

Frameworks ensuring that any transfer, storage or processing of local data offshore or by foreign entities occurs under reciprocal, privacy-compliant and sovereign-assured arrangements.

Examples

APEC Cross-Border Privacy Rules (CBPR) System – certification model for trusted data transfers across the Asia-Pacific
Australia–Singapore Digital Economy Agreement – provisions for secure cross-border data flows and digital-trade cooperation
Australia–UK Free Trade Agreement (A-UK FTA, 2023) – digital-trade chapter guaranteeing data-flow rights with safeguards
OECD Declaration on Government Access to Data (DFFT Principles) – international norms for 'data free flow with trust'.

Indicators

Number of cross-border data transfer agreements referencing CBPR or Digital Economy Agreement standards
Evidence of annual compliance audits of data flows against domestic frameworks

National AI Plan

PLAN COMMITMENT

Limited commitment

Signals intent to support international data and technology cooperation through global norms, partnerships and work to strengthen digital and data governance (Action 9), but does not reference commitment to develop specific frameworks for trusted offshore data transfers. Limited commitment by government in the plan represents a missed opportunity. More should be done to build agency and leverage to offset capability gaps elsewhere in the ecosystem.

Stocktake

APEC Cross-Border Privacy Rules (certification model for trusted data transfers) (CBPR). Asia-Pacific Economic Cooperation (APEC) Accessed April 2026. https://www.apec.org/docs/default-source/Groups/ECSG/CBPR/CBPR-PoliciesRulesGuidelines.pdf
Australia–Singapore Digital Economy Agreement (provisions for cross-border data flows). Australian Government / Department of Foreign Affairs and Trade. Accessed October 2025. https://www.dfat.gov.au/trade/services-and-digital-trade/australia-and-singapore-digital-economy-agreement
Declaration on Government Access to Personal Data Held by Private Sector Entities (DFFT Principles). Organisation for Economic Co-operation and Development (OECD). 14 December 2022. https://legalinstruments.oecd.org/en/instruments/OECD-LEGAL-0487
Australia – UK Free Trade Agreement (digital trade chapter guaranteeing data-flow rights) (A-UK FTA). Australian Government Department of Foreign Affairs and Trade. Accessed October 2025. https://www.dfat.gov.au/trade/agreements/in-force/aukfta/official-text/australia-uk-fta-chapter-14-digital-trade
Australia – US CLOUD Act Agreement. Australian Government Department of Home Affairs. Accessed April 2026. https://www.homeaffairs.gov.au/about-us/our-portfolios/national-security/lawful-access-telecommunications/australia-united-states-cloud-act-agreement

Is the Stocktake missing evidence?

Share additional information for potential future Assessments