Compare countries

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

NetherlandsChecked 18 August 2026

Depends on your industryWork: HighEnforcement: Aggressive

In one paragraph: For most businesses the Netherlands follows the ordinary European rules: data may leave the country once you have the right paperwork in place. Two areas are much harder. Online gambling firms must keep their regulator-facing database physically in the Netherlands, and central government now has to keep all its information inside Europe. The Dutch privacy regulator hands out some of the largest transfer fines in Europe.
The catch: The relaxed headline stops being true the moment you touch online gambling, central government work, health records or a regulated financial firm. An online gambling licence forces one database onto Dutch soil. Central government contracts now bar storage outside Europe. And a brand-new cybersecurity law switched on three days ago, on 15 August 2026, with a 24-hour incident alarm most companies have not built yet.
Does this apply to me?: Yes, it reaches you with no Dutch office. Europe's privacy law applies to any organisation anywhere that offers goods or services to people in the Netherlands or watches what they do online, and there is no size or revenue floor. Separately, the new Dutch cybersecurity law says that if you are a cloud provider, data centre, managed service provider, online marketplace, search engine or social network based outside Europe but selling into the Netherlands, you must appoint a representative inside the European Union.High confidence
Can the data leave the country?: In general yes, with paperwork, because the Netherlands is an EU country and European rules govern transfers. But three Dutch walls override that. An online gambling licence holder must physically place its regulator-facing control database in the Netherlands. Central government must keep all its information inside the European Economic Area plus Switzerland. And a healthcare provider, bank or insurer can put data abroad only if the supervisor can still see and audit it.High confidence
What do I have to do to send it abroad?: The model is an allowlist run at European level, not a Dutch one. You may send personal data outside Europe only if the destination has been officially approved, or you sign the standard European contract, or you use approved group-wide rules. The approved list is full and active. The Netherlands adds no national approval step and keeps no blocklist of its own.High confidence
Who enforces this — and are they actually working?: The Dutch Data Protection Authority, and it is very much operational and very much willing to fine. It has a full three-person board, and a new chair, Geert Potjewijd, took office on 1 August 2026. It has issued two of the largest cross-border transfer fines in Europe: 290 million euros against Uber in 2024 and 100 million euros against a taxi app in May 2026. Cybersecurity is enforced separately, by sector ministries and inspectorates, and that machinery is only now being assembled.High confidence
How long must I keep it, and when must I delete it?: There is a firm floor and a soft ceiling. You must keep your books and tax records for seven years, and money-laundering records for five years after the relationship or transaction ends. Against that, privacy law says you must delete personal data once you no longer need it, and there is no fixed number. When the two collide, the legal duty to keep wins for as long as it lasts, and deletion follows immediately after.High confidence
What happens when something goes wrong?: Count three clocks, not one. For a personal data breach you have 72 hours to tell the Dutch Data Protection Authority. If you are covered by the new cybersecurity law that started on 15 August 2026, you must raise an early warning within 24 hours, file a full report within 72 hours, and deliver a final report within one month. Telecom operators have a fourth clock and must tell the privacy regulator without delay.High confidence
What's the trap?: Five things that are not in the summary. Your works council can block an HR or monitoring system. Breaking a professional secrecy duty is a crime, not a fine. The telecom retention duty printed in the law cannot be enforced. Children need a parent's permission until they turn sixteen. And the new cybersecurity law started on 15 August 2026 with a phased exception for universities that most checklists miss.High confidence
What's about to change?: Three dated changes. On 1 September 2026 an amendment act tidies up the Dutch privacy law and adds new rules for handing over health files, but one part of it has deliberately been left switched off. Registration and incident duties under the cybersecurity law that started on 15 August 2026 are being phased in now. And by 12 January 2027 every cloud provider must drop switching and data export charges to zero across Europe.High confidence
Hardest industry wall: Online gaming — Besluit kansspelen op afstand, artikel 4.42, tweede lid
Government — Herziening rijksbreed cloudbeleid 2026

The eight framework questions answered for each selected country
Question	AustraliaChecked 18 August 2026	NetherlandsChecked 18 August 2026
The three ratings	Depends on your industry Work: Medium Enforcement: Active	Depends on your industry Work: High Enforcement: Aggressive
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.	For most businesses the Netherlands follows the ordinary European rules: data may leave the country once you have the right paperwork in place. Two areas are much harder. Online gambling firms must keep their regulator-facing database physically in the Netherlands, and central government now has to keep all its information inside Europe. The Dutch privacy regulator hands out some of the largest transfer fines in Europe.
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.	The relaxed headline stops being true the moment you touch online gambling, central government work, health records or a regulated financial firm. An online gambling licence forces one database onto Dutch soil. Central government contracts now bar storage outside Europe. And a brand-new cybersecurity law switched on three days ago, on 15 August 2026, with a 24-hour incident alarm most companies have not built yet.
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	Yes, it reaches you with no Dutch office. Europe's privacy law applies to any organisation anywhere that offers goods or services to people in the Netherlands or watches what they do online, and there is no size or revenue floor. Separately, the new Dutch cybersecurity law says that if you are a cloud provider, data centre, managed service provider, online marketplace, search engine or social network based outside Europe but selling into the Netherlands, you must appoint a representative inside the European Union.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	In general yes, with paperwork, because the Netherlands is an EU country and European rules govern transfers. But three Dutch walls override that. An online gambling licence holder must physically place its regulator-facing control database in the Netherlands. Central government must keep all its information inside the European Economic Area plus Switzerland. And a healthcare provider, bank or insurer can put data abroad only if the supervisor can still see and audit it.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	The model is an allowlist run at European level, not a Dutch one. You may send personal data outside Europe only if the destination has been officially approved, or you sign the standard European contract, or you use approved group-wide rules. The approved list is full and active. The Netherlands adds no national approval step and keeps no blocklist of its own.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	The Dutch Data Protection Authority, and it is very much operational and very much willing to fine. It has a full three-person board, and a new chair, Geert Potjewijd, took office on 1 August 2026. It has issued two of the largest cross-border transfer fines in Europe: 290 million euros against Uber in 2024 and 100 million euros against a taxi app in May 2026. Cybersecurity is enforced separately, by sector ministries and inspectorates, and that machinery is only now being assembled.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	There is a firm floor and a soft ceiling. You must keep your books and tax records for seven years, and money-laundering records for five years after the relationship or transaction ends. Against that, privacy law says you must delete personal data once you no longer need it, and there is no fixed number. When the two collide, the legal duty to keep wins for as long as it lasts, and deletion follows immediately after.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	Count three clocks, not one. For a personal data breach you have 72 hours to tell the Dutch Data Protection Authority. If you are covered by the new cybersecurity law that started on 15 August 2026, you must raise an early warning within 24 hours, file a full report within 72 hours, and deliver a final report within one month. Telecom operators have a fourth clock and must tell the privacy regulator without delay.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	Five things that are not in the summary. Your works council can block an HR or monitoring system. Breaking a professional secrecy duty is a crime, not a fine. The telecom retention duty printed in the law cannot be enforced. Children need a parent's permission until they turn sixteen. And the new cybersecurity law started on 15 August 2026 with a phased exception for universities that most checklists miss.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	Three dated changes. On 1 September 2026 an amendment act tidies up the Dutch privacy law and adds new rules for handing over health files, but one part of it has deliberately been left switched off. Registration and incident duties under the cybersecurity law that started on 15 August 2026 are being phased in now. And by 12 January 2027 every cloud provider must drop switching and data export charges to zero across Europe.High confidence
Hardest industry wall	Health and social care — My Health Records Act 2012, section 77	Online gaming — Besluit kansspelen op afstand, artikel 4.42, tweede lid Government — Herziening rijksbreed cloudbeleid 2026