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Global Data RulesData governance rules, country by country

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Two or three countries, side by side, one row per question. Pick up to 3.

Countries
AustraliaChecked 18 August 2026
Depends on your industryWork: MediumEnforcement: Active
In one paragraph
Australia has no general rule that data must stay in the country. You may send personal information anywhere, and no destination is banned. The catch is that you stay legally responsible for whatever your overseas supplier does with it. Small businesses under A$3 million turnover are exempt from the main privacy law. Specific industries are far stricter, and one of them carries a prison sentence.
The catch
The relaxed headline stops the moment you touch six areas. National electronic health records may not leave Australia at all, and taking them offshore is a crime punishable by five years in prison. Banks and insurers must tell the banking regulator before any offshore arrangement. Open banking data, critical infrastructure data, Australian Government hosting and Queensland state government data each have their own rules. Check your sector before you believe the headline.
Does this apply to me?
Yes, it reaches you even with no office in Australia. The national privacy law applies to any organisation that carries on business in Australia, whether or not the data is collected or stored here. But Australia has something most countries do not: a real size threshold you can fall below. A business with annual turnover of A$3 million (about US$2 million) or less is generally exempt. That exemption has big holes: it does not apply if you provide a health service, if you buy or sell personal information, or if you supply services under a federal government contract. No local representative and no registration are required.High confidence
Can the data leave the country?
In general, yes. Australia has no national law saying personal data must be kept in the country, and no country is blacklisted. You can pick any cloud region you like. What you cannot do is hand off the risk: if your overseas supplier does something with the data that would break Australian rules, the law treats that as your own breach. The hard walls are industry by industry, and the health one is absolute.High confidence
What do I have to do to send it abroad?
Before data leaves, you must take reasonable steps to make sure the overseas recipient will handle it the Australian way. In practice that means a contract with the right promises in it. There is no government form to file, no approval to wait for, and no list of approved countries to check. A power to approve countries was switched on in December 2024, but as of today the government has not named a single one. The alternative routes are narrow: you can rely on the recipient already being covered by a substantially similar law, or on the person's informed consent after you warn them you will no longer be responsible.High confidence
Who enforces this — and are they actually working?
The Office of the Australian Information Commissioner. It is staffed, it has a sitting Privacy Commissioner, and it is issuing decisions. In October 2025 the Federal Court ordered a pathology company to pay A$5.8 million (about US$3.8 million), the first court penalty in the law's history. The regulator sued Optus in August 2025, settled with Meta for A$50 million in December 2024, and in June 2026 alone published formal findings against Optus, American Express and two health providers. Banking, cyber security, online safety and open banking each have their own separate regulator, and all of them are working.High confidence
How long must I keep it, and when must I delete it?
There is a floor and a ceiling and they pull in opposite directions. The clearest floor is telecoms: phone and internet providers must keep call and connection records for two years, and must encrypt them. The general ceiling has no number attached — you must destroy or de-identify personal information once you genuinely no longer need it. Two ceilings are sharp. A social media platform must destroy age-check information as soon as it has finished using it. A digital identity provider must destroy a face or fingerprint scan immediately after the identity check is complete.High confidence
What happens when something goes wrong?
Count four clocks, because they run at different speeds. If you pay a ransom and your Australian turnover is above A$3 million (about US$2 million), you have 72 hours to report the payment to the government. If you run critical infrastructure, you have 12 hours for an attack that seriously hits availability, and 72 hours for a lesser one. If you are a bank, insurer or superannuation fund, you have 72 hours for a security incident and only 24 hours if a critical service goes down beyond tolerance. For an ordinary personal data breach you get up to 30 days to assess whether it is serious, then you must tell the regulator and the affected people as soon as you practically can. There is no fixed hour count for that last one, which is the part people get wrong.High confidence
What's the trap?
Five things that will cost you a weekend. First, moving national electronic health record data offshore is a crime, not a fine: up to five years in prison. Second, you never stop owning your supplier's mistakes — a major bank had to get a special ruling from the Privacy Commissioner just to keep processing international money transfers. Third, since December 2025 social media platforms must keep under-16s off the service and then destroy the age-check data they collected. Fourth, Queensland's rule for state government data is stricter than the national one and is hidden in section 33 of the Act, not in the numbered principles — the principle numbered 8 says there is no equivalent. Fifth, the value of a penalty unit rose to A$364 (about US$240) on 1 July 2026, so every fine figure you looked up before then is now understated.High confidence
What's about to change?
One date dominates: 10 December 2026. On that day privacy policies must start explaining computer-made decisions that significantly affect people, and the new Children's Online Privacy Code must be finalised and registered. The draft of that code was out for public comment from 31 March to 5 June 2026. Further out, the tougher critical infrastructure duties made in June 2026 start biting from mid-2027 and mid-2028 as their grace periods run out. Watch three switches the government already holds and can flip with no consultation.High confidence
Hardest industry wall
  • Health and social care My Health Records Act 2012, section 77
MexicoChecked 18 August 2026
Depends on your industryWork: MediumEnforcement: Waking up
In one paragraph
Mexico's general privacy law does not care where you store data. There is no approved-country list, no standard contract to sign and no permission to ask for. You need the right wording in your privacy notice and, usually, the person's consent. The rules that actually pin data to Mexico live in banking, money-laundering and tax law, not in the privacy law.
The catch
The relaxed headline stops the moment you are a bank, a stockbroker, a crowdfunding platform, an insurer or a phone company. Banks need written permission from the banking regulator before any processing happens abroad. Separately, anti-money-laundering law and tax law require many ordinary businesses to keep their records at a Mexican address for ten and five years. Those rules bind companies that have never read a privacy law.
Does this apply to me?
Probably yes, but Mexico is unusually vague about it. The privacy law says only that it applies across Mexican territory. It does not spell out when it reaches a company based abroad. The old rulebook did say the law caught a foreign company that used equipment or systems located in Mexico, and let that company appoint a local representative instead of opening an office. That old rulebook belonged to a law that was scrapped in March 2025, so its status today is genuinely unclear. There is no revenue or headcount threshold to fall below.Medium confidence
Can the data leave the country?
Under the general privacy law, yes, and with very little paperwork. Mexico has no list of approved countries and no list of banned ones. Sending data to a company abroad is treated exactly like sending it to a company down the road: say so in your privacy notice, get the person's consent unless one of seven exceptions applies, and pass the privacy notice on to whoever receives the data. Handing data to your own supplier who only follows your instructions is not even counted as a transfer. Five sectors override this, and in three of them the override is severe.High confidence
What do I have to do to send it abroad?
Nothing needs approval and no list exists in either direction. The model is simply unrestricted: any destination is allowed. What you need is a privacy notice that names the transfer and carries a clause where the person accepts or refuses it, plus that person's consent unless one of seven legal exceptions covers you. Because there is no list to populate, the government cannot make this stricter by adding a country. It would take a new law or a new regulation.High confidence
Who enforces this — and are they actually working?
Mexico abolished its independent privacy regulator. The National Institute for Transparency, Access to Information and Data Protection was wound up in March 2025 and its staff, files and cases were moved into a government ministry, the Anti-Corruption and Good Government Ministry. So the referee is now part of the government rather than independent of it. The ministry is staffed, but the law says the detailed procedure for complaints, inspections and fines will be set out in a regulation, and that regulation still has not been published. Financial regulators, by contrast, are visibly active and update their rulebooks almost monthly.Medium confidence
How long must I keep it, and when must I delete it?
There is no single retention period. The privacy law says delete data once it is no longer needed, after a blocking period equal to the time limit for suing over the relationship. One hard ceiling is written into the law: information about someone breaking a contract must be erased six years after the default. The floors are longer and come from other laws. Tax records must be kept five years and their supporting documents must be available at your Mexican tax address. Anti-money-laundering records must be kept ten years at an address you register with the Finance Ministry. Phone companies keep call and location records for two years. Where a floor and a ceiling clash, the floor wins, because the privacy law lets you keep data to meet a legal duty.High confidence
What happens when something goes wrong?
There are at least three clocks and they do not agree. Under the general privacy law you must tell the affected people immediately if a breach significantly harms their money or their reputation, and there is no duty to tell the regulator at all. Banks face a much tighter set: tell the banking regulator immediately, tell affected customers within forty-eight hours, file a full report within five working days, and send a remediation plan within fifteen working days of the incident ending. Phone companies must hand requested records to the authorities within twenty-four hours and keep a team available every hour of every day. Mexico has no general cyber-incident reporting law that catches everyone.High confidence
What's the trap?
Five things catch people out. Every private business in Mexico is now legally required to ask customers for their national population ID number. Anti-money-laundering rules force many ordinary businesses to keep ten years of records at a Mexican address, which quietly rules out a pure foreign cloud setup. Mishandling data can put a person in prison, not just cost a company money. Banks must get written permission before any processing happens abroad, and that includes routine cloud hosting. And the rulebook the privacy law keeps pointing at does not exist.High confidence
What's about to change?
The biggest thing coming is a regulation that is already overdue. The privacy law repeatedly says a rulebook will set the deadlines for complaints, inspections and fines, and the government missed its own June 2025 deadline to publish it. When it lands it could change how enforcement works overnight, with no consultation. Health law was changed in January 2026 to put telehealth on a statutory footing, and the biometric national ID is still being rolled out. The dangerous powers are the ones the government already holds rather than any bill in parliament.Medium confidence
Hardest industry wall
  • Payments Disposiciones de carácter general aplicables a las instituciones de tecnología financiera, artículos 85 a 87
  • Finance Ley Federal para la Prevención e Identificación de Operaciones con Recursos de Procedencia Ilícita, artículos 15 y 18
  • All industries Código Fiscal de la Federación, artículos 28 y 30
  • Telecoms Ley en Materia de Telecomunicaciones y Radiodifusión, artículo 183