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Transborder Data Flow Regulation and Data Privacy Law


ISBN13: 9780199674619
Published: May 2013
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £100.00



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Over 70 countries and various international organizations have adopted data protection and privacy laws that regulate the cross-border transfer of personal data outside their borders.

In an era of globalization and the Internet, these restrictions have immense implications for citizens, companies, and governments. This work, written by a renowned expert on data protection law, examines the history, policies, and future of transborder data flow regulation. Kuner traces the history of regulation in different regions, beginning with the earliest European laws in the 1970s, through to leading regional and international instruments of the EU, OECD, Council of Europe, APEC, and other bodies.

He also considers regulation developed by the private sector, such as contractual clauses and binding corporate rules. The work then analyses policies underlying such regulation and the legal issues involved, including human rights law, public international law, and EU law.

Presenting a global analysis of this important subject, Kuner also discusses the future development of transborder data flow regulation, and gives policy recommendations.

Subjects:
Data Protection
Contents:
1. Background and Basic Concepts
2. Development of Transborder Data Flow Regulation and of International Instruments
3. Typology of Transborder Data Flow Regulation
4. Analysis of Underlying Policies
5. Territoriality and Jurisdictional Issues
6. Applicable Law and Legal Harmonization
7. Compliance and Enforcement
8. A Global Regulatory Structure for Transborder Data Flows
Appendix: Data Protection and Privacy Law Instruments Regulating Transborder Data Flows