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Artigos de revistas sobre o assunto "Cross-border data transfer"
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Artemova, A. N. "Legal regulation of cross-border personal data transfer". Juridical science and practice 19, n.º 3 (21 de dezembro de 2023): 9–16. http://dx.doi.org/10.25205/2542-0410-2023-19-3-9-16.
Texto completo da fonteResumo:
The article discusses the novelties of domestic legislation in the field of regulation of cross-border transfer of personal data. Differences in the notification and authorization procedures established depending on the presence / absence in the relevant state of an adequate level of protection of the rights of personal data subjects are analyzed. On the basis of a comparative legal study, the author comes to the conclusion that giving the Russian law on personal data an extraterritorial character corresponds to the latest trend that has developed in other legal orders (EU, USA, China).
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Komukai, Taro. "A Comparative Study of the Extraterritorial Enforcement of Data Protection Rules in the EU, US and Japan". Global Privacy Law Review 1, Issue 3 (1 de outubro de 2020): 180–85. http://dx.doi.org/10.54648/gplr2020095.
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Globalization and the Internet have dramatically increased the international transfer of data and information. Consequently, personal data protection has become crucial in such cross-border data transfers. Personal data collected in one’s home country but processed by foreign entities must be subjected to data protection. Such regulations and rules for the international transfer of personal data are usually carried out through the laws of each country. There are two types of data protection rules associated with the cross-border transfer of personal data: restriction of cross-border data transfers and extraterritorial application of data protection rules. This article focuses on the latter type of laws and discusses the relationship between law enforcement and sovereignty. It also provides an approach for improving the rules for extraterritorial enforcement in Japan, comparing it with analogous regulations from the EU and the US
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Ismagilova, Olga, e Karine Khadzhi. "Global Experience in Regulating Data Protection, Transfer and Storage". Economic Policy 15, n.º 3 (junho de 2020): 152–75. http://dx.doi.org/10.18288/1994-5124-2020-3-152-175.
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Cross-border data flows management and privacy protection are placed high in the international digital agenda due to unprecedented growth in the volume and pace of data collection, processing, storage and transfer globally. Despite the high importance of data flows regulation and its serious influence on all enterprises involved in digital economy, there is little research conducted in Russia and systemizing the national strategies in this sphere of regulation. The article provides an overview of the existing approaches of different countries to data protection, transfer (cross-border included) and storage, analyses the impact of regulation on international trade flows, and develops proposals for possible measures to reduce costs for companies in the digital age. The research discovers that today most countries of the world regulate personal data and other categories of sensitive data flows through the introduction of either a separate law or data protection provisions in the relevant sectoral laws. The countries’ approaches range from a complete ban on the cross-border transfer of all or certain categories of data to foreign countries to complete liberalization in this area. The most common approach is the introduction of one or several restrictions from the set of measures related to cross-border data transfers: data localization requirement; limitations on the number or type of countries to which sensitive data can be transferred without additional requirements; and the requirement of the personal data subject’s consent or responsible public authorities’ permission.
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Wang, Cuimin. "Analyzing the Effects of Cross-Border E-Commerce Industry Transfer Using Big Data". Mobile Information Systems 2021 (17 de junho de 2021): 1–12. http://dx.doi.org/10.1155/2021/9916304.
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With the increasing diversification and personalization of consumer demand in the international market, coupled with the rapid development of the internet, the many advantages of cross-border e-commerce as an emerging trading model have become more apparent. When the hybrid system synergy model is based on the effective combination of the systems, the overall performance is greater than the sum of various elements’ simple superposition. As the upstream chain of modern logistics, cross-border e-commerce requires its virtual characteristics to develop in the direction of informationization, automation, and intelligence. Only when they are interdependent and mutually promoted can they achieve greater synergy. The regional difference measurement theory is often used to measure the effect of cross-border e-commerce industry transfer. First, build a cross-border e-commerce industry transfer effect measurement model to analyze the development level of China’s cross-border e-commerce, for example, the measurement model of commercial industry transfer effects from 2001 to 2016. It is mainly because the development of modern logistics lags behind cross-border e-commerce, resulting in the inability of cross-border e-commerce and modern logistics to form an orderly coupling in the system structure and function. Therefore, to better promote the coordinated development of cross-border e-commerce and modern logistics, it is necessary to stimulate the functions of various subsystems and promote the synergy and deep integration of multiparty entities such as government, enterprises, and industry associations.
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Albrecht, Daniel. "China Releases New Regulation on Cross-border Data Transfers". Computer Law Review International 25, n.º 3 (1 de junho de 2024): 79–84. http://dx.doi.org/10.9785/cri-2024-250303.
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Abstract The New Regulations introduce exemptions to the existing filing obligations for outbound data transfer, including (1) absolute exemptions, which are exemptions applicable to all regulatory procedures for outbound data transfer, and (2) exemptions from the obligation to file a security assessment, i.e., the New Regulations have modified the thresholds mandating the filing of a security assessment and if such thresholds are not met, the data processor still needs to conduct standard contract filing or PI (Personal Information) protection certification. The Regulation leaves space for special policies in Free Trade Zones.
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zhao, Lei. "The main models of cross-border data transmission regimes: EU, USA and China". Право и политика, n.º 4 (abril de 2024): 50–60. http://dx.doi.org/10.7256/2454-0706.2024.4.70797.
Texto completo da fonteResumo:
The subject of this article is the system of regulation of cross-border data flows and its legal regime. Data is a fundamental resource for the development of the digital economy. Today, with the great development of globalization, the presence of cross-border data flows in international trade is inevitable. However, the transfer of data abroad creates hidden threats to the confidentiality of personal information of citizens and national security. Many countries have established data transfer management systems to protect their own interests. Mature data transfer management regimes abroad often become an example for other countries. The adopted laws also served as a model for other countries. The most representative regimes currently exist in the EU, the USA and China, which demonstrate three ways of managing data. The purpose of this article is to compare the regimes of cross–border data transmission in the European Union, the United States and China in order to analyze the structure of the three representative regimes, as well as to study the causes of their formation and the consequences of their functioning. Considering the three systems makes it possible to show more clearly that the European Union, the United States and China have different value orientations, which directly led to the formation of three different legal systems. The free market and national security have become the main elements of national considerations in the development of laws on cross-border data. Based on the conducted research, it can be concluded that the regime of cross-border data transfer in the EU is the most complete and effective, having a demonstration effect. The Chinese system currently has serious flaws. And in recent years, US law has been increasingly focused on serving the interests of geopolitics. Laws on cross-border data transfer demonstrate trends in political instrumentalization. The Balkanization of the Internet is becoming more and more obvious.
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Seira Hidano, Abdur Rahim Biswas e Shinsaku Kiyomoto. "Hierarchical Privacy CAs for Cross-Border Transfer of Personal Data". Research Briefs on Information and Communication Technology Evolution 2 (31 de março de 2016): 17–28. http://dx.doi.org/10.56801/rebicte.v2i.30.
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The iKaaS (intelligent Knowledge-as-a-Service) platform integrates the data on multiple local cloudsystems organically and provides the data to various types of applications as knowledge while takingsecurity and privacy fully into account. However, access control on the iKaaS platform is not withoutcomplications because the application may access personal data in different countries from the onewhere the application exists. Hidano et al. thus designed a security gateway that is set at the entranceof each local cloud and controls access to the cross-border applications while interpreting regulationsrelated to personal data for both countries. In order to help the security gateway confirm the validityof the application, they introduced the concept of the privacy certificate authority (CA), which isbuilt for each country as an executive agency responsible for the national regulations governing thehandling of personal data. In this paper, we design a hierarchical model of multiple privacy CAsresponsible for regulations where the effective areas are different. The security gateway can therebycontrol the transfer of data not only to different countries, but also to different unions or cities.
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Wu, Junxuan. "THE LEGAL FRAMEWORK FOR CROSS-BORDER DATA TRANSFER BETWEEN MAINLAND CHINA AND HKSAR". International Journal of Law, Ethics, and Technology 2024, n.º 2 (28 de maio de 2024): 277–301. http://dx.doi.org/10.55574/ujow8817.
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Cross-border data transfer is a hard issue in today’s world of “digital nationalism”. In this post-Snowden world, data-localization has become the norm. China has adopted data localization rules in various laws, from Internet Security Law to Data Security Law. China’s constitutional structure of “one country, two systems” presents a unique question to data localization: should cross-border data transfer between the Mainland and SARs (Special Administrative Regions) be constrained by data-localization rules? Since both basic laws for Hong Kong and Macau define these two SARs as "free trade" zones and "separate customs" territories, once data from the Mainland are transferred to the SARs, there would be no existing laws to hinder their further flow to the globe. Furthermore, the SARs have their laws protecting data rights and regulating data use, which are quite different from the national laws. These unique features render cross-border data transfer within China a challenging and interesting topic. This article takes the challenge by focusing on the legal framework for data transfer between Mainland China and Hong Kong. It delineates the relevant legal rules in China and its HKSAR, points out the obstacles and difficulties, and suggests reforms. Keywords: Cross-Border Data Transfer, Digital Sovereignty, Data Localization, National Security, Hong Kong SAR, Mainland China
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Chu, Liang, Fangrui Ding e Yanbo Sun. "The Establishment of the Legal System of Data Outbound Transfer from the Perspective of Comparative Law". Journal of Education, Humanities and Social Sciences 14 (30 de maio de 2023): 646–52. http://dx.doi.org/10.54097/ehss.v14i.8954.
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Data are considered as one of the basic production factors, the cross-border flow of which has brought new development opportunities for the digital economy, but the unordered data outbound transfer has brought new challenges to national, public and enterprise interests, and the rights and interests of data subject. The legislation of different countries and regions has basically formed three paradigms: absolute prohibition, complete openness and conditional cross-border transmission. China should draw on the mature international mechanisms for the control of cross-border data flows, and combine its national interests and data protection realities to establish a legal supervision mechanism with hierarchical and categorical data management and control as the core, so as to realize the secure and free cross-border flow of data.
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Tehrani, Pardis Moslemzadeh, Johan Shamsuddin Bin Hj Sabaruddin e Dhiviya A. P. Ramanathan. "Cross border data transfer: Complexity of adequate protection and its exceptions". Computer Law & Security Review 34, n.º 3 (junho de 2018): 582–94. http://dx.doi.org/10.1016/j.clsr.2017.12.001.
Texto completo da fonteTeses / dissertações sobre o assunto "Cross-border data transfer"
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Снагощенко, А. О. "Правове регулювання транскордонної передачі персональних даних". Master's thesis, Сумський державний університет, 2018. http://essuir.sumdu.edu.ua/handle/123456789/72351.
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Проблема захисту приватності, охорони особистого життя людини не є новими для сучасної правової науки, однак суспільні відносини у сфері захисту приватності, як і інші суспільні відносини зазнають постійних змін, що потребують у свою чергу відображення у правовому регулюванні. В роботі досліджується інститут захисту персональних даних як самостійний правовий інститут, його місце в системі права, місце права на захист персоніфікованої інформації. Доведено, що, право на інформацію обмежується правом на приватність, окрім випадків, якщо доступ до таких даних обумовлений значним суспільним інтересом. Визначаються підстави передачі персональних даних, аналізується досвід ЄС в цій сфері. Запропоновано рекомендації щодо гармонізації вітчизняного законодавства з правом ЄС в сфері обігу персональних данихПроблема защиты приватности, охраны личной жизни человека не являются новыми для современной правовой науки, однако общественные отношения в сфере защиты приватности, как и другие общественные отношения подвергаются постоянным изменениям, требующим в свою очередь отражения в правовом регулировании. В работе исследуется институт защиты персональных данных как самостоятельный правовой институт, его место в системе права, место права на защиту персонифицированной информации. Доказано, что право на информацию ограничивается правом на приватность, кроме случаев, если доступ к таким данным обусловлен значительным общественным интересом. Определяются основания передачи персональных данных, анализируется опыт ЕС в этой сфере. Предложены рекомендации по гармонизации отечественного законодательства с правом ЕС в сфере обращения персональных данных
The problem of protecting privacy, protecting a person's personal life is not new to modern legal science, but public relations in the field of privacy protection, as well as other social relations, are undergoing constant changes, which in turn require a reflection in legal regulation. In this work the institute of personal data protection is studied as an independent legal institution, its place in the system of law, the place of the right to protection of personalized information. It is proved that the right to information is limited to the right to privacy, unless the access to such data is due to significant public interest. The grounds for the transfer of personal data are determined, the EU experience in this area is analyzed. Recommendations on the harmonization of domestic legislation with EU law in the area of personal data circulation are proposed.
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Yuan, Li. "CROSS-BORDER DATA TRANSFER REGULATION: A COMPARATIVE STUDY OF CHINA AND EUROPE". Doctoral thesis, 2021. http://hdl.handle.net/11393/283978.
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With the so-called Industry 4.0 revolution ongoing, end-to-end digitalisation of all assets and
integration into a digital ecosystem led the world to the unprecedented increases in connectivity
and global flows. Cross-border data flow has become the cornerstone of the cross-border
economy, especially for digital products. Without cross-border data flow, there will be no
transactions. As a result, governments have started updating the data-related policies, such as
restrictive measures for data cross-border flows or rules to mandate local data storage. Against
this background, this study focuses on emerging research topics, starting with contemporary
public policies on the cross-border data transfer.
The objective is to examine whether the policymakers from both regions could better
achieve their goals of promoting digital economy by establishing a mutual understanding with
the industrial entities, while maintaining the balance between the protection of personal
information and the innovation in digital markets. For that purpose, this research explores the
historical development of data transfer regulatory measures in China, the EU and the U.S.,
studied the specific challenges they are encountering in the data globalisation era.
Part I studied the evolvement of the CBDT rules. It is pointed out that the CBDT
regulation is a technology-led phenomenon yet not novel. It is an emerging threat to privacy
posed by the development of technology, thus attracted the scrutiny from the public and the
authorities. The CBDT regulation reflects the enforcement of national jurisdiction in the
cyberspace, which does not enjoy an indisputable general consensus in the contemporary
international law. The rulemaking of CBDT cannot avoid the controversial debate over the
legitimacy of state supervision of the network. CBDT regulation is originated from the
protection of personal data in the EU, yet the disagreement with regard to its philosophy is
derived from the conflict of different legislative values, that is, different legislators have
different understandings of the freedom of free flow of information and the right to personal
information. The author also questioned the rationale of the EU data transfer rules by
discussing the target validity of the current rules, that is, the target validity for data protection.
Part II compared the EU and China’s data protection laws as well as the CBDT rules
respectively. Challenges that CBDT restriction measures might face are listed, since the data
transborder transmission is not a legislative measure by nature. In the process of rulemaking
and implementation existed dual pressures from domestic and abroad, categorised as
technological, international legislative and theoretical challenges. Theoretically, Cyberspace
does not have a boundary similar to a physical space, the theoretical premise that the EU CBDT
rules ignored is that the state must control the transborder transmission of data by setting the
borders. Thus, for China, two aspects must be addressed: is there an independent cyberspace
law, and where is the boundary between the virtual and real world. International legislative
challenges arise from the oversea data access of the U.S. government. The EU CBDT
framework has limited impact when facing such data access under the cover of FISA and
CLOUD Act of the U.S. Particularly, this dissertation discussed the potentials for a free flow
of data transfer mechanism between the EU and China. It is worth exploring the possibility for
a region-based bilateral collaboration, such as a free trade zone in China, to seek for the EU
Commission’s recognition of adequate level of protection of personal information. For general
data-intensive entities, binding corporate rules and standard contractual clauses are still the
preferrable approaches.
Part III examines the data protection implementation and data transfer compliance in
the context of the HEART project. By analysing the use-cases the HEART deployed, as well
as the architecture that it proposed, Chapter 6 studies the privacy-enhancing measures from
both the organisational and technical perspectives. Specifically, the data classification system
and dynamic data security assessments are proposed. Chapter 7 studied the use case of
federated recommender system within the HEART platform and its potentials for the
promotion of GDPR compliance. The recommender system is thoroughly analysed under the
requirements of the GDPR, including the fundamental data processing principles and threat
assessment within the data processing.
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CHEN, ROU-FANG, e 陳柔芳. "A Comparative Study on Cross-Border Transfers of Personal Data". Thesis, 2018. http://ndltd.ncl.edu.tw/handle/5jm677.
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碩士東吳大學
法律學系
106
Cross-border data flows became more frequent with the Information and Communication Technologies continues to surge, but the difference of the protection and implement for privacy in various countries result in more transmission barriers. The issue on balancing the free flow of data across borders with the interests of privacy has become a question to be solved for who are committed to developing the digital economy. This study focus on the international practice of the cross-border transmission, by researching on the trends in the regulation of international organizations and trade agreements, the legislation of each country and the reconciliation of law norms between the recipient country and the transmission country to facilitate cross-border flow of personal data, instead of complete prohibition or overall opening, the model of the regulation for cross-border flow of personal data has generally been prohibited unless the transfer has received prior approval from specific exception. The core concept of exceptions is the recipient country should ensure an adequate level of protection for the transmitted personal data, in order to guarantee the adequate protection, international organizations may develop certification mechanism related to the processing of personal information. Some establish whitelist which recognize the recipient country to have equivalent standards by regulatory authority to that in transmission countries in regard to the protection of an individual’s rights and interests, others take appropriate safeguards to ensure that, the recipient of the personal data in that country or territory outside the transmission country is bound by legally enforceable obligations by contracts or corporate rules to provide to the transferred personal data a standard of protection that is at least comparable to the protection under the transmission country, still others allows the derogations of cross-border transmission restriction for specific situations. At the same time, fulfillment the protection of data subject should depend on the effective enforcement of legislation by the specialized personal data protection agencies. In addition, this study also briefs the localization of personal data in some country and the differences with cross-border transfer essentially. On the analyzing the latest views of international organizations and legislative trends, in order to integrate personal data protection, Taiwan shall toward the current legislative model of conditional cross-border flow which prohibits transfer unless the permissions is given on exceptions. A cross-border transfer of personal data may take place only if where the specialized personal data protection agencies decided the receiving country has been ensured an adequate level of protection, or the controller or processor shall provide appropriate safeguards which shall satisfy the requirement by authority, especially enforceable data subject rights and effective legal remedies, or on condition that the cross-border transfer comply with the specific matter. However, in consideration of possible impact result from the variation with regulatory, if maintains the current legislative model what allows cross-border transfer of personal data unless the transfer consist with prohibited situation, the industry competent authority shall clarify current contents of law at least. For the purpose of providing a risk assessment basis regarding cross-border transfer of personal data and taking appropriate safeguard to reduce related risk, the industry competent authority shall revise and publicize the specific evaluation criteria of the situation which the cross-border transfer of personal data shall be prohibited. Furthermore, each personal data competent authority shall improve and carry out cross-border flow audit and accord the prohibited transfer standard, so that the personal data protection of Taiwan may be consist with the international trends.
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Duli, Bora. "Data transfers between the EU and US : the impact of schrems I and schrems II for cross-border data flows, privacy, and national security". Master's thesis, 2021. http://hdl.handle.net/10400.14/37038.
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This dissertation seeks to outline the implications of the CJEU judgment in Case C-311/18
Data Protection Commissioner v. Facebook Ireland Ltd and Maximillian Schrems (Schrems II)
on international data transfers, particularly for data transfers between the European Union and
the United States. The Schrems II judgment has invalidated the Privacy Shield, making it the
second data transfer mechanism between the EU and the US that the CJEU strikes down. It
also leaves Standard Contractual Clauses (SCCs) as one of the only options for data transfers,
creating significant burdens for companies/organizations to assess the laws and practices of
third countries to be able to transfer data. The Schrems II decision, without a doubt, will change
the relationship between global data flows and national security, and we have already started
to see the legal uncertainties brought forward by the case. This dissertation aims to give an
overview of the history of data protection laws in both the EU and the US, including differences
in their approaches to data protection. It then examines the two Schrems cases and the
invalidated transfer mechanisms, as well as the legal landscape for transfers after CJEU's last
decision. Lastly, it discusses the impact of the decision on cross-border data flows, data
privacy, surveillance, and national security, while trying to chart a path forward by examining
possible solutions for the continuance of data transfers.
Livros sobre o assunto "Cross-border data transfer"
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Dai, Yihan. Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective. Singapore: Springer Singapore, 2022. http://dx.doi.org/10.1007/978-981-16-4995-0.
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Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective. Springer, 2022.
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Dai, Yihan. Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective. Springer Singapore Pte. Limited, 2021.
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Dube, Opha Pauline. Climate Policy and Governance across Africa. Oxford University Press, 2016. http://dx.doi.org/10.1093/acrefore/9780190228620.013.605.
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This is an advance summary of a forthcoming article in the Oxford Research Encyclopedia of Climate Science. Please check back later for the full article.Africa, a continent with the largest number of countries falling under the category of Least Developed Countries (LDCs), remains highly dependent on rain-fed agriculture that suffers from low intake of water, exacerbating the vulnerability to climate variability and anthropogenic climate change. The increasing frequency and severity of climate extremes impose major strains on the economies of these countries. The loss of livelihoods due to interaction of climate change with existing stressors is elevating internal and cross-border migration. The continent is experiencing rapid urbanization, and its cities represent the most vulnerable locations to climate change due in part to incapacitated local governance. Overall, the institutional capacity to coordinate, regulate, and facilitate development in Africa is weak. The general public is less empowered to hold government accountable. The rule of law, media, and other watchdog organizations, and systems of checks and balances are constrained in different ways, contributing to poor governance and resulting in low capacity to respond to climate risks.As a result, climate policy and governance are inseparable in Africa, and capacitating the government is as essential as establishing climate policy. With the highest level of vulnerability to climate change compared with the rest of the world, governance in Africa is pivotal in crafting and implementing viable climate policies.It is indisputable that African climate policy should focus first and foremost on adaptation to climate change. It is pertinent, therefore, to assess Africa’s governance ability to identify and address the continent’s needs for adaptation. One key aspect of effective climate policy is access to up-to-date and contextually relevant information that encompasses indigenous knowledge. African countries have endeavored to meet international requirements for reports such as the National Communications on Climate Change Impacts and Vulnerabilities and the National Adaptation Programmes of Action (NAPAs). However, the capacity to deliver on-time quality reports is lacking; also the implementation, in particular integration of adaptation plans into the overall development agenda, remains a challenge. There are a few successes, but overall adaptation operates mainly at project level. Furthermore, the capacity to access and effectively utilize availed international resources, such as extra funding or technology transfer, is limited in Africa.While the continent is an insignificant source of emissions on a global scale, a more forward looking climate policy would require integrating adaptation with mitigation to put in place a foundation for transformation of the development agenda, towards a low carbon driven economy. Such a futuristic approach calls for a comprehensive and robust climate policy governance that goes beyond climate to embrace the Sustainable Development Goals Agenda 2030. Both governance and climate policy in Africa will need to be viewed broadly, encompassing the process of globalization, which has paved the way to a new geological epoch, the Anthropocene. The question is, what should be the focus of climate policy and governance across Africa under the Anthropocene era?
Capítulos de livros sobre o assunto "Cross-border data transfer"
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Hidano, Seira, Shinsaku Kiyomoto, Abdur Rahim Biswas, Toshihiro Uchibayashi e Takuo Suganuma. "Access Control for Cross-Border Transfer of Sensor Data". In Communications in Computer and Information Science, 143–53. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-7850-7_13.
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Naef, Tobias. "Restrictions on Data Transfers and Trade Agreements". In European Yearbook of International Economic Law, 367–420. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_5.
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AbstractIn reaction to the stalemate in the multilateral trading system, international governance of digital trade has gradually shifted toward bilateral and regional trade agreements. This allowed countries to start to regulating cross-border flows of personal data outside the WTO framework. The first section of this chapter traces the development of data flow clauses in the trade agreements of the EU, the US, and other countries. It also looks at the negotiations of the big trade agreements in the late 2010s, such as the TTIP, the TiSA, and the TPP (Sect. 5.1). The second section outlines the scope for data flow clauses in the trade agreements of the EU based on different legal requirements stemming from the architecture of EU law, the GDPR, and other regulations. These requirements include the primacy of fundamental rights over international law with regard to the right to continuous protection of personal data in Article 8 CFR, the accommodation of the legal mechanisms for the transfer of personal data in the GDPR, the inclusion of cooperation mechanisms on the basis of Article 50 GDPR, and the ban of data localization requirements beyond data protection and privacy concerns. These legal requirements are necessary to consider when drafting data flow clauses for EU trade agreements (Sect. 5.2). The third section of this chapter offers and analyzes four potential designs for data flow clauses for EU trade agreements (Sect. 5.3). The fourth section is dedicated to the analysis of the EU model data flow clauses that the European Commission introduced as a template for future trade negotiations in 2018 (Sect. 5.4).
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Lambert, Paul B. "Cross-Border Transfers of Data". In Essential Introduction to Understanding European Data Protection Rules, 341–70. Boca Raton : CRC Press, 2017.: Auerbach Publications, 2017. http://dx.doi.org/10.1201/9781138069848-33.
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Lambert, Paul B. "Cross-Border Transfers of Data". In Essential Introduction to Understanding European Data Protection Rules, 341–70. Boca Raton : CRC Press, 2017.: Auerbach Publications, 2017. http://dx.doi.org/10.1201/9781315115269-33.
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Tang, Alan. "Data Residency and Cross-Border Transfers". In Privacy in Practice, 223–57. Boca Raton: CRC Press, 2022. http://dx.doi.org/10.1201/9781003225089-24.
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Corrales Compagnucci, Marcelo, Mark Fenwick, Mateo Aboy e Timo Minssen. "Supplementary Measures and Appropriate Safeguards for International Transfers of Health Data After Schrems II". In The Law and Ethics of Data Sharing in Health Sciences, 151–72. Singapore: Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-99-6540-3_9.
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AbstractIn July 2020, the Court of Justiceof the European Union (CJEU) in Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (“Schrems II”) invalidated the EU-US Privacy Shield adequacy decision but found that Standard Contracting Clauses (SCCs) are a valid mechanism to enable GDPR-compliant transfers of personal data from the EU to jurisdictions outside the EU/EEA, as long as various unspecified “supplementary measures” are in place to compensate for any gaps in data protection arising from the third country law or practices. The effect of this decision has been to place regulators, scholars, and data protection professionals under greater pressure to identify and explain these “supplementary measures” to facilitate cross-border transfers of personal data. This chapter critically examines the current framework for cross-border transfers after Schrems II, including the new SCCs adopted by the European Commission, as well as the current European Data Protection Board (EDBP) guidance on “supplementary measures.” We argue that the so-called “supplementary measures” are not “supplementary” and that the CJEU’s characterization of such measures as “supplementary” undermines the original clarity of GDPR with regards to the required standards for the security of processing as well as the available mechanisms for cross-border transfers of personal data. We conclude that despite the legal uncertainty introduced by the CJEU several post-Schrem II developments have been helpful to increase awareness and improve the overall safeguards associated with cross-border transfers of personal data. These include the new SCCs and an increased understanding of the capabilities and limitations of the technical and organizational measures, including encryption, pseudonymization, and multi-party processing. Technical solutions such as multiparty homomorphic encryption (HE) that combine these three technical measures while still allowing for the possibility to query and analyze encrypted data without decrypting it has significant potential to provide effective security measures that facilitate cross-border transfers of personal data in high-risk settings.
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Dai, Yihan. "The PRC’s Legislation on Cross-Border Data Transfers". In Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective, 13–34. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-4995-0_2.
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Naef, Tobias. "Restrictions on Data Transfers and the WTO". In European Yearbook of International Economic Law, 233–366. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-19893-9_4.
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AbstractThe WTO is not well-known for being an institution that regulates the free flow of personal data across borders. The trade agreements under the auspices of the WTO either predate or coincide with the invention and early development of the internet. When the WTO was created in 1994, its members agreed to create rules for trade in services. Tim Wu observed that as a consequence, and almost by accident, “the WTO has put itself in an oversight position for most of the national laws and practices that regulate the Internet.” Wu (Chicago J Int Law 7(1), 264, 2006). Over a quarter century later, the internet has become indispensable for trade in services, facilitating not only communication and payment between parties involved in any transaction, but also as a platform for the transmission of the services themselves, and the driving technology for the creation of new services. The first section of this chapter shows how cross-border flows of personal data (on the internet) have become intertwined with the supply of many digital services (Sect. 4.1). The second section describes how the rules of the WTO on trade in services are relevant for the regulation of cross-border flows of personal data (Sect. 4.2). These multilateral trade rules can be used as proxies to distinguish between legitimate regulatory concerns and protectionism. Regarding the regulation of cross-border flows of personal data, these rules allow for the legal assessment of the line between data protection and data protectionism. The third section of this chapter analyzes whether the EU’s fundamental rights-based regulation of data transfers interferes with the rules of the WTO on trade in services (Sect. 4.3). The fourth section assesses whether the interferences that have been identified can be justified under the relevant exceptions to the rules of the WTO on trade in services (Sect. 4.4).
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Dai, Yihan. "The Regulation of Cross-Border Data Transfers in the Context of Free Trade Agreements". In Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective, 77–117. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-4995-0_4.
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Dai, Yihan. "The Cross-Border Data Transfers in the Context of WTO Agreements—The PRC Perspective". In Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective, 35–76. Singapore: Springer Singapore, 2021. http://dx.doi.org/10.1007/978-981-16-4995-0_3.
Texto completo da fonteTrabalhos de conferências sobre o assunto "Cross-border data transfer"
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Khorev, Pavel, e Andrey Chernetsov. "The Problem of Ensuring Cross-border Personal Data Transfer and Methods for Its Solving". In 2020 V International Conference on Information Technologies in Engineering Education ( Inforino ). IEEE, 2020. http://dx.doi.org/10.1109/inforino48376.2020.9111864.
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Piazza, Alexander, e Ritam Garg. "Towards AI-based intercultural trainings using Social Robots: derivation of design criteria for effective intercultural human-robot interactions". In 5th International Conference. Business Meets Technology. València: Editorial Universitat Politècnica de València, 2023. http://dx.doi.org/10.4995/bmt2023.2023.16739.
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The development of “ABCD” technology (Artificial intelligence, Blockchain, Cloud computing, and Big data) has promoted the design and development of new and innovative technologies, which fundamentally revolutionized the ways organizations manage themselves. However, digital transformations have also brought in new challenges. Against the backdrop of growing internationalization, cross-border collaborations, and increasing global trade, it is of utmost importance to explore how technology renovates the intercultural dialogues, negotiations, trainings, and the subsequent knowledge transfer processes. Researchers have suggested that technology will play a vital role in facilitating the need to work with people from all around the world. And from the perspective of intercultural exchanges, and cross-border/cross-cultural collaborations, it is necessary to know how to navigate the intercultural challenges effectively. The emergence of Social Robots like the Furhat allows to design rich human-robot interactions including verbal- and non-verbal communication elements, which is promising to deliver artificial intelligence (AI) -based intercultural training capabilities. This research project has two objectives: first, this research will bring in the AI factor in human landscape to explore the actions and interactions of AI and intercultural environment in transition; second, this study aims to provide orientations and recommendations for implementing interactions with social robots to enable AI-based intercultural trainings. Therefore, design criteria for implementing effective verbal and non-verbal interactions are outlined for achieving high standards of intercultural interactions to provide better understanding and interpretations of the contexts in which certain intercultural actions are practiced.
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Shin, Young-Jin. "A Study on Privacy Protection Tasks for Cross-Border Data Transfers". In 2014 International Conference on IT Convergence and Security (ICITCS). IEEE, 2014. http://dx.doi.org/10.1109/icitcs.2014.7021720.
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Oliveira, Pedro, Ruben Costa, Jose Lima, Fernando Ferreira e Joao Sarraipa. "A Knowledge-Based Approach for Supporting Aquaculture Data Analysis Proficiency". In ASME 2015 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2015. http://dx.doi.org/10.1115/imece2015-52183.
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European aquaculture companies have business objectives that they cannot achieve due to lack of instruments that would enable them to manage and access such global knowledge and big data, in a multilingual, multi-sector and cross-border setting. A technological approach able to manage data from many companies, which will generate knowledge, will be of maximum usefulness for the aquaculture sector. The companies will be able to transform data into knowledge and use this knowledge to improve efficiency, increase profitability and do business in a sustainable, environmentally friendly way. To support this, the solution will use data mining practices and tools as a cloud service that will be specifically designed for the aquaculture sector, which will be accessible by all the fish farming community. In order to allow even small companies to explore their data and improve in terms of use of feed, environmental impact, growth of the fish, cost, etc. The work presented here, is still part of on-going work currently addressed under the EU AquaSmart project. Results achieved so far do not address the final conclusions of the project but form the basis for the formalization of the AquaSmart domain knowledge along with the Aquaculture Open Data Cloud.
Relatórios de organizações sobre o assunto "Cross-border data transfer"
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Kamp, Bart, Francisco Carrillo e Francesco Pescarin. Analysis of Foreign Direct Investment in the Basque Economy and its Companies and Assessment of its Effect on Competitiveness. Editado por Patricia Canto. Universidad de Deusto, 2024. http://dx.doi.org/10.18543/npza6530.
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Foreign direct investment (FDI), both outbound and inbound, is relevant to an economy because it can contribute to its economic growth, job creation, technology transfer, and integration into cross-border value chains, as well as international economic spaces. Against this backdrop, the report "Analysis of foreign direct investment in the Basque Country and its companies" investigates the state of inbound and outbound FDI in the Basque Country. It does so through aggregated data for the period 2014-2021 and the analysis of a series of cases of Basque companies acquired by foreign entities. It concludes with a series of recommendations for policymakers on issues affecting inbound FDI.
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Kira, Beatriz, Rutendo Tavengerwei e Valary Mumbo. Points à examiner à l'approche des négociations de Phase II de la ZLECAf: enjeux de la politique commerciale numérique dans quatre pays d'Afrique subsaharienne. Digital Pathways at Oxford, março de 2022. http://dx.doi.org/10.35489/bsg-dp-wp_2022/01.
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Realities such as the COVID-19 pandemic have expedited the move to online operations, highlighting the undeniable fact that the world is continuing to go digital. This emphasises the need for policymakers to regulate in a manner that allows them to harness digital trade benefits while also avoiding associated risk. However, given that digital trade remains unco-ordinated globally, with countries adopting different approaches to policy issues, national regulatory divergence on the matter continues, placing limits on the benefits that countries can obtain from digital trade. Given these disparities, ahead of the African Continental Free Trade Area (AfCFTA) Phase II Negotiations, African countries have been considering the best way to harmonise regulations on issues related to digital trade. To do this effectively, AfCFTA members need to identify where divergencies exist in their domestic regulatory systems. This will allow AfCFTA members to determine where harmonisation is possible, as well as what is needed to achieve such harmonisation. This report analyses the domestic regulations and policies of four focus countries – South Africa, Nigeria, Kenya and Senegal – comparing their regulatory approaches to five policy issues: i) regulation of online transactions; ii) cross-border data flows, data localisation, and personal data protection; iii) access to source code and technology transfer; iv) intermediary liability; and v) customs duties on electronic transmissions. The study highlights where divergencies exist in adopted approaches, indicating the need for the four countries – and AfCFTA members in general – to carefully consider the implications of the divergences, and determine where it is possible and beneficial to harmonise approaches. This was intended to encourage AfCFTA member states to take ownership of these issues and reflect on the reforms needed. As seen in Table 1 below, the study shows that the four countries diverge on most of the five policy issues. There are differences in how all four countries regulate online transactions – that is, e-signatures and online consumer protection. Nigeria was the only country out of the four to recognise all types of e-signatures as legally equivalent. Kenya and Senegal only recognise specific e-signatures, which are either issued or validated by a recognised institution, while South Africa adopts a mixed approach, where it recognises all e-signatures as legally valid, but provides higher evidentiary weight to certain types of e-signatures. Only South Africa and Senegal have specific regulations relating to online consumer protection, while Nigeria and Kenya do not have any clear rules. With regards to cross border data flows, data localisation, and personal data protection, the study shows that all four focus countries have regulations that consist of elements borrowed from the European Union (EU) General Data Protection Regulation (GDPR). In particular, this was regarding the need for the data subject's consent, and also the adequacy requirement. Interestingly, the study also shows that South Africa, Kenya and Nigeria also adopt data localisation measures, although at different levels of strictness. South Africa’s data localisation laws are mostly imposed on data that is considered critical – which is then required to be processed within South African borders – while Nigeria requires all data to be processed and stored locally, using local servers. Kenya imposes data localisation measures that are mostly linked to its priority for data privacy. Out of the four focus countries, Senegal is the only country that does not impose any data localisation laws. Although the study shows that all four countries share a position on customs duties on electronic transmissions, it is also interesting to note that none of the four countries currently have domestic regulations or policies on the subject. The report concludes by highlighting that, as the AfCFTA Phase II Negotiations aim to arrive at harmonisation and to improve intra-African trade and international trade, AfCFTA members should reflect on their national policies and domestic regulations to determine where harmonisation is needed, and whether AfCFTA is the right platform for achieving this efficiently.
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Mehmood, Hamid. Bibliometrics of Water Research: A Global Snapshot. United Nations University Institute for Water, Environment and Health, maio de 2019. http://dx.doi.org/10.53328/eybt8774.
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This report examines the various dimensions of global water-related research over the 2012-2017 period, using extensive bibliographic data. The review covers trends in water-related publications and citations, the relative importance of water-related research in the overall body of scientific research, flows of water-related knowledge between countries and the dynamics of water research publishing opportunities. In summary, it shows that: less than 50% of all countries are publishing water-related research, that China and USA are the two top publishers, and that China’s publishing rate has been growing steadily over the study period. More than 70% of water related publications originating in USA are being cited globally, while China’s water research output appears to be primarily internally cited at present. Analysis of the global water knowledge flows suggests that research is hardly addressing a range of regional water challenges. Countries with protracted water problems – for example in infrastructure, environment, agriculture, energy solutions – do not seem to be at the forefront of water research production or knowledge transfer. Instead, global water research is reliant on Western, particularly US-produced, scientific outputs. A disconnect is also observed between the percentage increase in the publication and the number of citations, suggesting low quality or a narrow focus of many publications. Among other factors, this may reflect the pressure on researchers to contribute a certain number of publications per year, or of the progressively increasing role of grey literature in scientific discourse that ‘diverts’ some citation flow. Analysis of the number of research publications per million people suggests that water research does not necessarily emerge as a reaction to water scarcity in a specific country, but may be driven by the traditional economic value of water supply, geopolitical location, a focus on regional development - including cross-border water management - or development aid spending, or globally applicable research in water management. The proportion of water research in the overall research output of a country is small, including for some of the top-publishing countries. The number of water-related journals that create opportunities for publishing water research, has grown dramatically in absolute terms since 2000, and is now close 2100 journals. The metrics used in this report are based on readily available bibliographic data. They can be further focused to better understand a specific thematic domain, geographical region or country, or to analyze a different period. To help accelerate solutions to global and national water challenges that many of these research papers are highlighting, the water research community needs to look beyond the research ‘box’ and identify ways to measure development impact of water research programmes, rather ‘impact’ based solely on academic impact measured in citations. The research findings, learning and knowledge in these research publications needs to be conveyed in a practical way to the real users of this knowledge – stakeholders who are beyond research circles.