Governing Cross Border Data Flows
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Regulating Cross-Border Data Flows
Data is now one of the world’s most valuable resources. The adoption of data-driven applications across economic sectors has made data and the flow of data so pervasive that it has become integral to everything we as members of society do – from conducting our finances to operating businesses to powering the apps we use every day. For this reason, governing cross-border data flows is inherently difficult given the ubiquity and value of data, and the impact government policies can have on national competitiveness, business attractiveness and personal rights. The challenge for governments is to address in a coherent manner the broad range of data-related issues in the context of a global data-driven economy. This book engages with the unexplored topic of why and how governments should develop a coherent and consistent strategic framework regulating cross-border data flows. The objective is to fill a very significant gap in the legal and policy setting by considering multiple perspectives in order to assist in the development of a jurisdiction’s coherent and strategic policy framework.
Governing Cross-Border Data Flows
Author: Svetlana Yakovleva
language: en
Publisher: Oxford University Press
Release Date: 2024-02-27
Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses. The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.
Big Data and Global Trade Law
Author: Mira Burri
language: en
Publisher: Cambridge University Press
Release Date: 2021-07-29
An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.