Wanli 一本万莉

#美SEC推动加密创新监管
Under the ADGM Data Protection Regulations 2021 (DPR 2021), entities operating in ADGM (like Binance-ADGM after its licence) are considered “data controllers” and must handle personal data under defined privacy and protection rules.
• The DPR 2021 restricts transfers (“exports”) of personal data outside ADGM to jurisdictions outside UAE/ADGM — such transfers are only allowed under certain conditions: if the destination jurisdiction provides an “adequate level of protection,” or if “appropriate safeguards” are put in place (e.g. standard contractual clauses, binding corporate rules, user consent, or an approved mechanism) before data is transferred.
• In other words: simply being a regulated exchange in ADGM doesn’t mean Binance is free to hand over user data globally. The data protection law tries to prevent arbitrary or blanket international disclosure of personal data.
• ADGM’s regulator (the office of Data Protection) may cooperate internationally — there is a framework for “international cooperation” for data-protection law enforcement. But such cooperation is not the same as automatic data sharing; it’s subject to legal safeguards and compliance under the DPR.
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🌍 What that means for other countries (US, Canada, China or any other countries) requesting KYC data
Given the above ADGM rules, here’s when — and when not — a request from a foreign country could lead to data disclosure.
✅ It’s possible under certain conditions
• If Binance-ADGM receives a valid request from a foreign law-enforcement or regulatory agency in the US or Canada, and Binance (or ADGM) determines that the transfer can be made under the Data Protection Regulations — for example, because: the destination jurisdiction is on ADGM’s “adequate protection” list, or the request is processed under “appropriate safeguards” (e.g. legal agreement, data sharing agreement, mutual-legal-assistance treaty, etc.) — then personal data (including KYC) could be lawfully transferred to that foreign jurisdiction.
• So, if US or Canadian authorities launch a legitimate investigation, and they follow proper international legal request procedures (e.g. treaty-based requests, court orders, MLATs), then Binance-ADGM could theoretically provide user data — assuming ADGM approves the transfer under DPR rules.
❓ Not automatic or guaranteed — subject to restrictions
• Because the DPR restricts data transfers outside ADGM, Binance cannot just hand over data to any foreign agency on demand — they must comply with ADGM’s data-protection requirements (adequacy, safeguards, possibly user consent or other lawful bases).
• That means a simple request from a foreign country (say, China) doesn’t automatically guarantee data disclosure. The foreign country’s laws, protections for data privacy, and ADGM’s assessment of whether those meet “adequate protection” standards matter.
• For some jurisdictions, if they are not considered “adequate” under ADGM standards, Binance (or ADGM) would have to implement extra safeguards (e.g. standard contractual clauses, binding corporate rules) to transfer data.
⚠️ Risks / practical limitations
• It may be legally and logistically challenging for authorities in some countries to get information from an ADGM-based entity. They likely would need to go through formal international-legal cooperation mechanisms (MLATs / treaties / court orders / mutual assistance agreements) rather than informal or unilateral requests.
• If a foreign country — e.g. one with weaker data-protection laws or poor human rights / privacy protections — requests data, ADGM may block transfer unless sufficient safeguards are demonstrated, or may refuse if data export laws require strong protection.
• In some cases, Binance or ADGM may resist or challenge requests if compliance conflicts with ADGM regulations (data protection laws), particularly if the request is broad or lacks due process under ADGM law.
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🧮 What this means for you (as user / outsider) — and risk model
• Having Binance licensed under ADGM may give you somewhat stronger legal protection compared to an unregulated or offshore-only exchange, because there is a robust data-protection law (DPR 2021) governing how your personal data is handled and under what conditions it can be shared.
• But it does not guarantee your privacy forever — your data may still be disclosed to foreign governments (US, Canada, potentially China) if there is a proper legal request and ADGM approves the transfer under its regulations.
• If you are in a country with strong enforcement or frequent cross-border legal requests, this may mean your KYC / personal data could be exposed through legitimate, formal legal mechanisms.
• Conversely, for countries outside established mutual-legal-assistance frameworks, or without recognized “adequate protection,” there may be a higher barrier for access — which may provide an added layer of privacy protection compared to jurisdictions with no data-transfer safeguards.
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✅ Conclusion: Yes — but only via legal cooperation under safeguards
In short: other countries (US, Canada, potentially China) can request KYC or user-data from Binance under the new ADGM regime — but obtaining it isn’t a simple “right.” The request must go through formal international-legal mechanisms or meet ADGM’s data-transfer safeguards. The existence of the ADGM Data Protection Regulations means that data disclosure is regulated and subject to legal safeguards, rather than an automatic handing over.
TBC