Cross-Border Data Flows, the GDPR, and Data Governance

Voss, W. Gregory

doi:10.17323/1996-7845-2022-01-03

Cited by 9 publications

(8 citation statements)

References 1 publication

(2 reference statements)

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“…The procedure and requirements for the adequacy decision are qualified and specified in the EU decision on adequacy. 17 An adequacy decision is considered a proper basis for cross-border transfer for four years after it has been made and/or successfully reviewed, or unless it is challenged before the Court of Justice (for example, the Privacy Shield case).…”

Section: Resultsmentioning

confidence: 99%

“…The globalization of trade in digital data and services has not been accompanied by a general harmonization of Internet law (Voss, 2019), nor a true convergence of data protection and data privacy laws (Voss, 2020). Consequently, now it is possible to envisage an avalanche of new laws and regulations attempting to govern and impose order on a dizzying array of tech developments.…”

Section: Introductionmentioning

confidence: 99%

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Data-sharing as a quid pro quo of co-regulation in the EU

Энтин

Энтина

2022

DLJ

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The paper focuses on the defining of the co-regulation of national and supranational legal regimes’ features of data-sharing in the digital platforms’ functioning on the example of the EU’s practice with a special attention to the disintegration process of Brexit. Data-sharing is one of the most appropriate spheres to demonstrate specific traits of digital platforms — the cross-border character of their operation. This demands quid pro quo interaction of the national and supranational regulatory regimes, filling the gap associated with the lack of international regulation and the inability to harmonize law. We begin with the theoretical characterization of information and personal data, the right to privacy, and classifications of interventions in private life. The EU has been chosen as an example, acting as a flagship of interaction of national and supranational legal orders in relation to the co-regulation of cross-border data-sharing in digital platforms. Interaction of the EU on the principle of quid pro quo, based on the practice of making decisions on adequacy, is considered in the context of Brexit and the relevant law-making practice of the UK. The discussion is complemented by examples of similar EU relations with South Korea and the United States. Based on the analysis, the authors conclude that the EU supranational legal order has a high degree of influence on the national legislation of third countries, which contributes to the constant development of regulation in the sphere and the strengthening of international integration.

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Section: Resultsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Data-sharing as a quid pro quo of co-regulation in the EU

Энтин

Энтина

2022

DLJ

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“…In the context of AI, cross-border data flows are ubiquitous, as AI systems often require access to large datasets from diverse sources to train algorithms and make informed decisions. However, the free flow of data across borders raises concerns about data sovereignty, jurisdictional conflicts, and the risk of unauthorized access or misuse of personal information (Voss, 2019). Many countries have implemented data protection laws and regulations to govern the collection, processing, and transfer of personal data, such as the European Union's General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).…”

Section: Data Protection and Privacy Concernsmentioning

confidence: 99%

Navigating the Legal Complexities of Artificial Intelligence in Global Trade Agreements

Etinosa Igbinenikaro,

Adefolake Olachi Adewusi

2024

Int. j. appl. res. soc. sci.

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As artificial intelligence (AI) continues to revolutionize global trade, it brings with it a host of legal complexities that challenge traditional frameworks within international trade agreements. This abstract explores the emerging problem of integrating AI into global trade agreements, identifies its purpose in addressing these challenges, highlights existing research gaps, and outlines the structure of the study. The proliferation of AI technologies in global trade presents a myriad of legal challenges, including issues related to intellectual property rights, data protection, liability, and regulatory frameworks. Existing international trade agreements often lack specific provisions addressing AI, leading to ambiguity and inconsistency in legal interpretation. Moreover, the rapid pace of technological advancement outpaces the ability of legal frameworks to adapt, exacerbating the problem. The purpose of this study is to analyze the legal complexities arising from the integration of AI into global trade agreements and to propose potential solutions for addressing these challenges. By examining existing legal frameworks, case studies, and scholarly literature, this research aims to provide insights into the development of AI-inclusive trade policies that foster innovation while safeguarding against potential risks and inequalities. While there is a growing body of literature addressing the intersection of AI and various legal domains, such as ethics, privacy, and labor law, there remains a notable gap in the understanding of how AI impacts international trade agreements specifically. Existing research primarily focuses on domestic regulatory frameworks, leaving a dearth of comprehensive analysis on the implications of AI for global trade governance. This study seeks to fill this gap by exploring the unique legal challenges posed by AI in the context of international trade agreements. This study will begin by providing an overview of the current landscape of AI technologies and their applications in global trade. It will then analyze the existing legal frameworks within international trade agreements and identify areas of ambiguity and inconsistency concerning AI. Subsequently, the study will explore case studies and examples of AI implementation in trade, examining the legal implications and challenges encountered. Finally, the research will propose recommendations and policy guidelines for integrating AI into future trade agreements, ensuring coherence, fairness, and adaptability in the face of technological innovation. Keywords: Law, Business Law, Legal, Artificial Intelligence, Trade Agreement.

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“…Furthermore, construction companies are implementing strict data governance and data retention policies to ensure that personal information is retained only for as long as necessary and securely disposed of when no longer required [52]. By adhering to these policies, companies can minimize the potential risks associated with retaining personal information beyond its intended purpose [53].…”

Section: Advanced Privacy Management Practices and The Adoption Of Se...mentioning

confidence: 99%

Securing Construction Workers’ Data Security and Privacy with Blockchain Technology

Saah,

Yee,

Choi

2023

Applied Sciences

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The construction industry, characterized by its intricate network of stakeholders and diverse workforce, grapples with the challenge of managing information effectively. This study delves into this issue, recognizing the universal importance of safeguarding data, particularly amid rising concerns around unauthorized access and breaches. Aiming to harness the potential of blockchain technology to address these challenges, this study used hypothetical biographical and safety data of construction workers securely stored on a Hyperledger Fabric blockchain. Developed within the Amazon Web Services (AWS) cloud platform, this blockchain infrastructure emerged as a robust solution for enhancing data security and privacy. Anchored in the core principles of data security, the model emerges as a potent defender against the vulnerabilities of traditional data management systems. Beyond its immediate implications, this study exemplifies the marriage of blockchain technology and the construction sector, and its potential for reshaping workforce management, especially in high-risk projects and optimizing risk assessment, resource allocation, and safety measures to mitigate work-related injuries. Practical validation through transaction testing using Hyperledger Explorer validates the model’s feasibility and operational effectiveness, thus serving as a blueprint for the industry’s data management. Ultimately, this research not only showcases the promise of blockchain technology in addressing construction data security challenges but also underscores its practical applicability through comprehensive testing, thus heralding a new era of data management that harmonizes security and efficiency for stakeholders’ benefit.

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Cross-Border Data Flows, the GDPR, and Data Governance

Cited by 9 publications

References 1 publication

Data-sharing as a quid pro quo of co-regulation in the EU

Data-sharing as a quid pro quo of co-regulation in the EU

Navigating the Legal Complexities of Artificial Intelligence in Global Trade Agreements

Securing Construction Workers’ Data Security and Privacy with Blockchain Technology

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