Cross-Border Data Protection Through Collective Litigation: A EU Legal Maze?

The ASEAN region's potential ability to reap the benefits of e-commerce is considerable, and it is timely to strategize a sustainable pathway for ASEAN's e-commerce market. This chapter explores the arising legal and regulatory challenges with measures needed to facilitate e-commerce activities in the region. A qualitative research design is utilized to review secondary data and analyze ASEAN's current legal and regulatory framework. The findings reveal that despite the untapped potential of the collectively large “ASEAN market,” there are significant challenges to developing e-commerce in some countries. Moreover, there are additional regulatory challenges in tackling a myriad of issues related to cross-border challenges in terms of security and reliability of payments: logistics, customs and border administration, foreign market access, data protection, and the regulatory environment for national and cross-border e-commerce transactions. Some form of legal and regulatory harmonization is required between member nations in order to mutually reap the benefits of e-commerce.

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An Urgent Suggestion to Pour Old Wine into New Bottles: Comment on “A New Jurisprudential Framework for Jurisdiction”

AJIL Unbound ◽

10.1017/s2398772300001215 ◽

2015 ◽

Vol 109 ◽

pp. 81-85 ◽

Cited By ~ 1

Author(s):

Cedric Ryngaert

Keyword(s):

International Law ◽

Data Protection ◽

Legal Framework ◽

The Internet ◽

Technological Evolution ◽

International Jurisdiction ◽

Cross Border ◽

Data Protection Law ◽

Informed Reader ◽

Previous Scholarship

Dan Svantesson is quickly establishing himself as a leading voice in the field or jurisdiction. Coming to this field from Internet and data protection law, he is surely well placed to criticize the current legal framework of international jurisdiction in light of technological evolution, which has made territoriality lose its salience as the cornerstone of jurisdiction. I myself have recently been characterized as one of the border guards of territoriality, on the basis of my earlier monograph on Jurisdiction in International Law. Accordingly, the informed reader might believe that I will severely criticize as iconoclastic such a proposal as Svantesson’s namely, doing away with territoriality as the very linchpin of jurisdiction. As it happens, however, I largely concur with Svantesson’s ideas, at least to the extent they apply to cross-border transactions via the Internet. In this contribution, I argue that the reality of a de-territorialized Internet necessitates jurisdictional rethinking, but that this rethinking in fact heavily relies on previous scholarship, predating the Internet era. The advent of the current era, however, has lent particular urgency to those earlier proposals.

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Legal Aspects of Telepathology

Analytical Cellular Pathology ◽

10.1155/2000/563904 ◽

2000 ◽

Vol 21 (3-4) ◽

pp. 97-99 ◽

Cited By ~ 15

Author(s):

Christian Dierks

Keyword(s):

International Law ◽

Data Protection ◽

Data Exchange ◽

Legal Aspects ◽

Spatial Distance ◽

Standards Of Care ◽

Security Level ◽

Private International Law ◽

The European Union ◽

Cross Border

In some legal surroundings telepathology is considered a breach of registrational barriers. The recommendation of the G 8 states in Europe for required legislation in telemedicine suggests to recognise that the localization of the remote health care professional defines the site not only of licensure but also of liability. This approach must be considered helpful, since it can solve many problems brought about by the doubtful results of private international law and conventions like the European Union (EU) and Lugano Convention. Under today's conditions in private international law it must be considered essential to agree upon a choice of law and stipulate a court of jurisdiction when doing telepathology. However, the opposing aims of insuring the patients claims and avoiding jurisdictions that exceed the local expectations of the medical professional must be reconciled. Data protection and data security are other crucial topics that require attention. Generally speaking, the principles of minimum data exchange, anonymity, pseudonymity and cryptography must be established as a basis for all telepathology procedures. Only when personal data is needed, its use can be legitimated. Written consent of the patient is advised. To guarantee a cross‐border security level the regulations of the EU‐Data Protection Directive need to be transformed into national law. In practise, cross‐border dataflow shall only take place where the security level can be maintained even within the other country. Finally, reimbursement questions must be answered to establish a sound economical basis for telepathology. The spatial distance between the participants may yield the question, whether the service has been rendered to an extent necessary and sufficient for reimbursement. If reimbursement takes place on a cross‐border or cross‐regional level, severe disturbances of the health systems can occur. Regulation schemes or treaties need therefore to be developed to avoid such disturbances and encompass mutual standards of care as well as methods to balance reimbursement.

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China’s personal data protection regime takes shape

Emerald Expert Briefings ◽

10.1108/oxan-db258514 ◽

2020 ◽

Keyword(s):

Data Protection ◽

Personal Data ◽

Foreign Firms ◽

Considerable Importance ◽

Content Type ◽

Personal Data Protection ◽

Cross Border ◽

The Law ◽

Foreign Governments ◽

Security Inspection

Significance Once finalised and promulgated, probably sometime in late 2021 or 2022, it will be China’s first comprehensive piece of legislation to govern the collection, processing and use of personal data. There are significant ramifications for domestic and foreign businesses. Impacts Security inspection requirements for cross-border transfers of personal data could have considerable importance for foreign firms. The law may be used to sanction foreign firms or retaliate against foreign governments. The law aims to settle a long-running turf war between regulators, to eliminate duplicate licensing, enforcement and inspection regimes.

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Data Protection Regulation and International Arbitration: Can There Be Harmonious Coexistence (with the GDPR Requirements Concerning Cross-Border Data Transfer)?

Legal Issues in the Digital Age ◽

10.17323/2713-2749.2021.2.21.48 ◽

2021 ◽

Vol 2 (2) ◽

pp. 21-48

Author(s):

Elena Mazetova

Keyword(s):

Data Protection ◽

Data Transfer ◽

Digital Environment ◽

International Arbitration ◽

Basic Principles ◽

Global Trends ◽

Cross Border ◽

Regulatory Regimes

Recent global trends are producing powerful growth in the digital environment, and its spread is prompting adoption of strict and comprehensive regulation to ensure data protection. This results in a number of difficulties, one of which is lack of consistency between data protection regulation and the regulatory regimes applicable to specific industries and institutions. That inconsistency is particularly evident in the field of international arbitration — one of the most widely used and convenient methods for resolving international disputes. The principles and fundamental concepts that largely define international arbitration, such as autonomy of the parties and confidentiality, have made its use very well accepted and widespread. However, data protection requirements often force the parties that are subject to them to make a difficult choice between the basic principles of international arbitration and the requirements of data protection regulation. This bind has come about because data protection regulation, which generally imposes comprehensive compliance obligations, rarely takes into account the specifics of the industries in which it will be applied. In this article it is analyzing application of the GDPR requirements that pertain to cross-border data transfer from the perspective of international arbitration in order to illustrate difficulties and regulatory gaps that may be encountered by the entities interested in thorough compliance with the applicable regulations.

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A Comparative Study of the APEC Privacy Framework- A New Voice in the Data Protection Dialogue?

Asian Journal of Comparative Law ◽

10.1017/s2194607800000181 ◽

2008 ◽

Vol 3 ◽

pp. 1-44

Author(s):

Johanna G. Tan

Keyword(s):

Comparative Study ◽

Data Protection ◽

Personal Data ◽

Eu Member States ◽

Cross Border ◽

Eu Directive ◽

Free Flow Of Information ◽

International Conventions ◽

Flow Of Information ◽

The Eu

AbstractThe dialogue on data protection has so far been dominated by European and American voices. There are currently a few international conventions in place such as the Council of Europe's 1981 Convention for the Protection of Individuals with regard to the Automatic processing of personal data, the 1980 OECD Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data , which apply to 30 OECD countries, and the EU Directive 95/46/EC on the protection of individuals with regard to the processing of personal data, which binds EU member states but has had some impact on non-European countries due to the restriction on cross border flow of information.This has changed with the emergence of the APEC Privacy Framework in 2004 which focuses on the importance of the free flow of information in the digital age. Does the APEC Privacy Framework have anything of value to add or does it dilute the standards already in place? This article will examine these questions and argue that perhaps the APEC Privacy Framework is the first step towards a truly global standard for data protection.

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Cross-Border Transfer of Personal Data

Cyber Crime ◽

10.4018/978-1-61350-323-2.ch409 ◽

2013 ◽

pp. 832-850

Author(s):

Grigore-Octav Stan ◽

Georgiana Ghitu

Keyword(s):

Data Protection ◽

Data Transfer ◽

Personal Data ◽

European Economic Area ◽

The European Union ◽

Legal Regime ◽

Cross Border ◽

Data Protection Directive ◽

High Level ◽

Insight Into

This chapter outlines the Romanian data protection legal regime governing the cross-border transfers of personal data, both to countries located in the European Union (EU) or in the European Economic Area (EEA), as well as to non-EU or non-EEA countries. In addressing the Romanian legal requirements related to international transfers of personal data, a high level insight into the background of Romanian data protection principles and main rules applicable in the broader context of privacy proves useful. Although this chapter analyzes mainly the Romanian legal regime of data protection, with a special emphasis on cross-border transfer of personal data, a similar interpretation and application of the data protection related requirements may also be encountered in other European jurisdictions. While expounding primarily on data transfer related matters, this chapter also looks at how the EU Data Protection Directive (Directive No. 95/46 EC), as well as the relevant secondary legislation in the field of data protection, has been implemented into Romanian law.

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Japan-UK economic and security cooperation will grow

Emerald Expert Briefings ◽

10.1108/oxan-db257474 ◽

2020 ◽

Keyword(s):

United States ◽

Renewable Energy ◽

Data Protection ◽

Security Cooperation ◽

Content Type ◽

Cross Border ◽

The United Kingdom ◽

The Pacific ◽

Data Flows ◽

Middle Powers

Significance Trade is only part of a complex set of bilateral links that have developed over the last five years. The United Kingdom aspires to a global role closer to Asia and the Pacific, in a partnership with Japan, while Japan aims to reduce its dependence on an unreliable United States. Impacts The CEPA is a step towards UK membership of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. The CEPA will enable cross-border data flows with high levels of data protection. Combined promotion of multilateralism by two leading middle powers and close US allies could help mitigate the effects of China-US rivalry. Renewable energy is one industry in which the two countries have strong reasons to cooperate.

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