Transborder Data Flows and Data Privacy Law

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.

1. Background and Introduction ; 2. International Regulation of Transborder Data Flows ; 3. Typology of Regulatory Approaches ; 4. National, Rrivate-Sector, and Technological Approaches ; 5. Analysis of Underlying Policies ; 6. Applicable Law, Extraterritoriality, and Transborder Data Flows ; 7. Compliance and Enforcement ; 8. A Global Regulatory Framework for Transborder Data Flows ; Appendix: Data Protection and Privacy Law Instruments Regulating Transborder Data Flows