OAIC, APP Guidelines chapter 8, paragraphs 8.20 and 8.21: the substantially similar law exception needs a reasonable basis (Office of the Australian Information Commissioner, Australian Privacy Principles Guidelines, Chapter 8, paras 8.20 to 8.21 (APP 8.2(a)) (version 1.3, 3 October 2025))
A holder may skip the APP 8.1 steps only if it reasonably believes the US recipient is bound by a law or binding scheme substantially similar to the APPs that individuals can enforce, and it must be able to justify that belief, for example with legal advice. Most holders will use a contract or consent instead.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“In summary, an APP entity must have a reasonable basis for its belief, and not merely a genuine or subjective belief. For example, this might be based on independent legal advice. It is the responsibility of an APP entity to be able to justify its reasonable belief.”
Where it was read
Also read from the same source
- OAIC, APP Guidelines chapter 8: a cross-border disclosure must also satisfy APP 6.1, and the sender stays accountable (Office of the Australian Information Commissioner, Australian Privacy Principles Guidelines, Chapter 8, key points and para 8.4 (version 1.3, 3 October 2025))
- OAIC, APP Guidelines chapter 8, paragraph 8.16: an enforceable contract is generally expected (Office of the Australian Information Commissioner, Australian Privacy Principles Guidelines, Chapter 8, para 8.16 (version 1.3, 3 October 2025))
Figures it counts in
It is shown on its own, not counted into a figure.
Cited in this guide