[PDF] Governing Cross Border Data Flows eBook

Author : Svetlana Yakovleva
Publisher : Oxford University Press
Page : 433 pages
File Size : 27,15 MB
Release : 2024-02-27
Category : Law
ISBN : 0192899260

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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.

Author : Mira Burri
Publisher : Cambridge University Press
Page : 407 pages
File Size : 20,29 MB
Release : 2021-07-29
Category : Business & Economics
ISBN : 110884359X

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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.

Author : Bryan Mercurio
Publisher : Anthem Ethics of Personal Data
Page : 250 pages
File Size : 22,28 MB
Release : 2022-07-12
Category : Law
ISBN : 9781839984280

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Governing cross-border data flows is inherently difficult given the ubiquity and value of data, and the impact government policies can have on business, innovation and societal interests. This book engages with the unexplored topic of why and how governments should develop a coherent and consistent framework regulating cross-border data flows.

Author : Yik Chan Chin
Publisher :
Page : 0 pages
File Size : 32,14 MB
Release : 2022
Category :
ISBN :

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In modern international competition and cooperation, digital trade rules centered on the cross-border flow of data have become a competitive advantage for countries. Under the guidance of commercial freedom, the United States chooses to actively promote the free flow of data across borders. The European Union has placed the protection of personal data rights before the cross-border flow of data through the General Data Protection Regulation (GDPR), and developing countries generally reserve space for industry policy interpretation. As one of the world's largest economies, facing the needs of domestic industrial development and the pressure of international systems, China's cross-border data flows' policy is to ensure data flows under the premise of security, protection of personal information, seek international coordination of rules, and the freedom of transmission. The key question, therefore, is how to facilitate interoperability or find a middle ground among the divergent approaches in order to avoid the fragmentation of the digital trade system. The article suggests that a thin and narrowly scoped WTO agreement on e-commerce rules on cross-border data flows with sufficient policy space to accommodate different needs, policy preferences and priorities, and local contexts via legitimate exception provisions would be a welcome movement.

Author : Yihan Dai
Publisher : Springer Nature
Page : 177 pages
File Size : 35,21 MB
Release : 2021-11-02
Category : Law
ISBN : 9811649952

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This book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance

Author : Christopher Kuner
Publisher : OUP Oxford
Page : 0 pages
File Size : 23,12 MB
Release : 2013-05-09
Category : Law
ISBN : 9780199674619

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Written by a renowned expert on data protection law, this work examines the history, policies, and future of transborder data flow regulation, and is the only text to provide a detailed legal analysis of its global implications.

Author : Pasha L. Hsieh
Publisher : Cambridge University Press
Page : 297 pages
File Size : 31,93 MB
Release : 2021-12-16
Category : Law
ISBN : 1108845606

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Provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law.

Author : Rolf H. Weber
Publisher : Springer Science & Business Media
Page : 160 pages
File Size : 42,2 MB
Release : 2012-09-20
Category : Law
ISBN : 3642316344

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The classification of services in the digital economy proves critical for doing business, but it appears to be a particularly complex regulatory matter that is based upon a manifold set of issues. In the context of the General Agreement on Trade in Services (GATS), when the services classification scheme was drafted in the early 1990s, convergence processes had not unfolded yet and the internet was still in its infancy and not a reality in daily life. Therefore, policy makers are now struggling with the problem of regulating trade in electronic services and are in search of a future-oriented solution for classifying them in multilateral and preferential trade agreements. In late fall 2011, the authors of this study were mandated by the European Union, Delegation to Vietnam, in the context of the Multilateral Trade Assistance Project 3 (MUTRAP 3), to work out a report clarifying the classification of services in the information/digital economy and to assess the impact of any decision regarding the classifications on the domestic and external relations policy of Vietnam, as well as to discuss the relevant issues with local experts during three on-site visits.