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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

United StatesChecked 18 August 2026

Depends on your industryWork: HighEnforcement: Active

In one paragraph: In general the United States lets data go anywhere. There is no national privacy law and no permit is needed to move data abroad. Two things bite hard. Six countries are effectively off limits for large amounts of sensitive data, with prison sentences attached. And anything connected to government work must physically stay on American soil.
The catch: The open headline stops the moment you touch one of six areas: government contracting, police records, federal tax records, defence technical data, telecom licences, and bulk sensitive data flowing to China, Russia, Iran, North Korea, Cuba or Venezuela. Also note that the rule that actually binds you is almost always a state law or an industry regulator's rule, not a national privacy act. There isn't one.
Does this apply to me?: Yes. American rules reach a foreign company with no office in the country. California's privacy law applies to any for-profit business that 'does business in California' and crosses one of three thresholds, and physical presence is not one of them. The children's rule covers foreign websites aimed at American children. No state and no federal law requires you to appoint a local representative — a real difference from Europe.High confidence
Can the data leave the country?: It depends entirely on your industry, so the single national answer is misleading. For ordinary consumer or employee data, yes — send it anywhere, no paperwork. But six sectors have hard walls. Government contracting, police data, federal tax data and defence work require the data to physically stay in the United States. Telecom licences restrict which foreign staff may even look at records. And for anyone, sending large volumes of sensitive data to six named countries is now a crime.High confidence
What do I have to do to send it abroad?: For ordinary data, nothing. No standard contract, no government approval, no destination approval list. The model is a blocklist and it is now populated: six countries are named. Before you move large volumes of sensitive data, your only real job is to work out whether a country of concern, or a company or person they control, could end up with access — including through a vendor, an investor or an employee.High confidence
Who enforces this — and are they actually working?: Nobody, and everybody. There is no national privacy regulator. Instead the consumer protection regulator, the health department, the securities regulator, the communications regulator, the Justice Department, all fifty state attorneys general and one dedicated state privacy agency each enforce a slice. Almost all of them are visibly working right now. The one exception is the new national data transfer programme: it is staffed and issuing guidance but has published no enforcement action yet.High confidence
How long must I keep it, and when must I delete it?: There is a strong floor and a weak but growing ceiling. Investment firms must keep some books for six years and most others for three, with the first two years easy to reach. Health providers keep their paperwork for six years. In the other direction, state privacy laws now force you to publish how long you keep each type of data and to stop keeping it longer than you said, and since April 2026 children's data may no longer be kept indefinitely. Where a keep-it rule and a delete-it rule collide, the keep-it rule wins: every state law carves out data you are required by law to retain.High confidence
What happens when something goes wrong?: Count the clocks — there are at least seven, and they disagree. New York financial firms: 72 hours to the state regulator, and only 24 hours to report paying a ransom. Telecom carriers: seven working days to the police agencies and the communications regulator, and you may not warn customers until seven working days after that. Investment and finance firms: 30 days to affected customers. Health organisations: 60 days. Texas and many other states: 30 days to the state attorney general. Listed companies: four working days to disclose a material incident. The overlap, not any single deadline, is what people fail.High confidence
What's the trap?: Five that cost people their weekend. One: the national data transfer programme carries prison — up to twenty years for a deliberate breach. Two: Illinois lets individuals sue over fingerprints and face scans with fixed damages per person, no proof of harm needed, and that is where the largest privacy payouts happen. Three: the children's rule uses under 13, but several state laws use under 18, so a single age gate will not do. Four: government work means American soil, and police data allows only the United States, its territories, tribal lands and Canada. Five: a rule can be printed in the law book and still be unenforceable, because a court has blocked it.High confidence
What's about to change?: Four things in the next twelve months. The national critical infrastructure reporting rule should be finalised in late 2026, which will switch on a 72-hour incident clock and a 24-hour ransom-payment clock for a very wide range of businesses. California's rules on automated decision-making bite on 1 January 2027. The open banking rule is being rewritten after a court blocked it. And a federal privacy bill is moving in Congress, but it is only a bill and binds nobody.High confidence
Hardest industry wall: Government — Criminal Justice Information Services (CJIS) Security Policy
Government — Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies
Defence — Defense Federal Acquisition Regulation Supplement clause 252.239-7010, Cloud Computing Services
Telecoms — National security agreement / letter of assurance conditioning a section 214 authorisation, reviewed by the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector

The eight framework questions answered for each selected country
Question	AustraliaChecked 18 August 2026	United StatesChecked 18 August 2026
The three ratings	Depends on your industry Work: Medium Enforcement: Active	Depends on your industry Work: High Enforcement: 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.	In general the United States lets data go anywhere. There is no national privacy law and no permit is needed to move data abroad. Two things bite hard. Six countries are effectively off limits for large amounts of sensitive data, with prison sentences attached. And anything connected to government work must physically stay on American soil.
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 open headline stops the moment you touch one of six areas: government contracting, police records, federal tax records, defence technical data, telecom licences, and bulk sensitive data flowing to China, Russia, Iran, North Korea, Cuba or Venezuela. Also note that the rule that actually binds you is almost always a state law or an industry regulator's rule, not a national privacy act. There isn't one.
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. American rules reach a foreign company with no office in the country. California's privacy law applies to any for-profit business that 'does business in California' and crosses one of three thresholds, and physical presence is not one of them. The children's rule covers foreign websites aimed at American children. No state and no federal law requires you to appoint a local representative — a real difference from Europe.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	It depends entirely on your industry, so the single national answer is misleading. For ordinary consumer or employee data, yes — send it anywhere, no paperwork. But six sectors have hard walls. Government contracting, police data, federal tax data and defence work require the data to physically stay in the United States. Telecom licences restrict which foreign staff may even look at records. And for anyone, sending large volumes of sensitive data to six named countries is now a crime.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	For ordinary data, nothing. No standard contract, no government approval, no destination approval list. The model is a blocklist and it is now populated: six countries are named. Before you move large volumes of sensitive data, your only real job is to work out whether a country of concern, or a company or person they control, could end up with access — including through a vendor, an investor or an employee.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	Nobody, and everybody. There is no national privacy regulator. Instead the consumer protection regulator, the health department, the securities regulator, the communications regulator, the Justice Department, all fifty state attorneys general and one dedicated state privacy agency each enforce a slice. Almost all of them are visibly working right now. The one exception is the new national data transfer programme: it is staffed and issuing guidance but has published no enforcement action yet.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 strong floor and a weak but growing ceiling. Investment firms must keep some books for six years and most others for three, with the first two years easy to reach. Health providers keep their paperwork for six years. In the other direction, state privacy laws now force you to publish how long you keep each type of data and to stop keeping it longer than you said, and since April 2026 children's data may no longer be kept indefinitely. Where a keep-it rule and a delete-it rule collide, the keep-it rule wins: every state law carves out data you are required by law to retain.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 the clocks — there are at least seven, and they disagree. New York financial firms: 72 hours to the state regulator, and only 24 hours to report paying a ransom. Telecom carriers: seven working days to the police agencies and the communications regulator, and you may not warn customers until seven working days after that. Investment and finance firms: 30 days to affected customers. Health organisations: 60 days. Texas and many other states: 30 days to the state attorney general. Listed companies: four working days to disclose a material incident. The overlap, not any single deadline, is what people fail.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 that cost people their weekend. One: the national data transfer programme carries prison — up to twenty years for a deliberate breach. Two: Illinois lets individuals sue over fingerprints and face scans with fixed damages per person, no proof of harm needed, and that is where the largest privacy payouts happen. Three: the children's rule uses under 13, but several state laws use under 18, so a single age gate will not do. Four: government work means American soil, and police data allows only the United States, its territories, tribal lands and Canada. Five: a rule can be printed in the law book and still be unenforceable, because a court has blocked it.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	Four things in the next twelve months. The national critical infrastructure reporting rule should be finalised in late 2026, which will switch on a 72-hour incident clock and a 24-hour ransom-payment clock for a very wide range of businesses. California's rules on automated decision-making bite on 1 January 2027. The open banking rule is being rewritten after a court blocked it. And a federal privacy bill is moving in Congress, but it is only a bill and binds nobody.High confidence
Hardest industry wall	Health and social care — My Health Records Act 2012, section 77	Government — Criminal Justice Information Services (CJIS) Security Policy Government — Publication 1075, Tax Information Security Guidelines for Federal, State and Local Agencies Defence — Defense Federal Acquisition Regulation Supplement clause 252.239-7010, Cloud Computing Services Telecoms — National security agreement / letter of assurance conditioning a section 214 authorisation, reviewed by the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector