Digital Protectionism: Myth or Reality?

Many governments continue or even return to protectionism, with a special influence on digital protectionism that has emerged in the era of digital development. Compared to the traditional protectionism the digital one usually differs due to the expansive growth of digital companies and the enormous amounts of data they gather. The authors focus on the two main elements of digital protectionism – a regulatory regime that creates barriers to cross-border data transfer and benefits in antitrust legislation in respect of internal companies. The purpose of the article is to identify the risks of applying special regulation of personal data protection and using antitrust policy to regulate digital companies functioning as means of protectionism. The analysis includes two stages: comparing of personal data protection and digital protectionism aims, assessing the protectionism motives within the framework of antitrust regulation. Based on the results of the study the authors come to the conclusion that industrial and antitrust regulators should take into account the risks of implementing digital protectionism to the competition.

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China’s personal data protection regime takes shape

Emerald Expert Briefings ◽

10.1108/oxan-db258514 ◽

2020 ◽

Keyword(s):

Data Protection ◽

Personal Data ◽

Foreign Firms ◽

Considerable Importance ◽

Content Type ◽

Personal Data Protection ◽

Cross Border ◽

The Law ◽

Foreign Governments ◽

Security Inspection

Significance Once finalised and promulgated, probably sometime in late 2021 or 2022, it will be China’s first comprehensive piece of legislation to govern the collection, processing and use of personal data. There are significant ramifications for domestic and foreign businesses. Impacts Security inspection requirements for cross-border transfers of personal data could have considerable importance for foreign firms. The law may be used to sanction foreign firms or retaliate against foreign governments. The law aims to settle a long-running turf war between regulators, to eliminate duplicate licensing, enforcement and inspection regimes.

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Compatibility of the EU and Georgian Personal Data Protection Regimes and Data Transfer

Law and World ◽

10.36475/7.5.3 ◽

2021 ◽

Vol 7 (5) ◽

pp. 40-46

Keyword(s):

European Union ◽

Data Protection ◽

Data Transfer ◽

Personal Data ◽

Data System ◽

Protection System ◽

The European Union ◽

Great Opportunity ◽

Association Agreement ◽

Personal Data Protection

The work discusses Personal Data Protection system under the European Union law, also Personal Data Protection in Georgia and the compatibility of those two regimes. Moreover, there were men- tioned ways how Georgia can adopt regulations and harmonize its legislation, to be compatible with the European Union Personal Data Protection regime. The work emphasized efforts of Georgia on the path of developing its Personal Data Protection system. The many citizens of Georgia don’t even have a knowledge that their Personal Data has to be defended. Although, the court practice of Georgia revealed good developing signs in this field. If before there were not any cases concerning personal data protection, today we have some good decisions regarding the personal data protection. The data transfer between the European Union and Georgia, is also implemented in the Association Agreement between the European Union and Georgia. Here as well has to be mentioned that the Association Agreement was the greatest step for Georgia, it was the great opportunity to harmonize Georgian Personal Data system with a European. Step by step, Georgia is straining to become a member of the European Union. Thus, this work is a look through past and future of Georgian and EU relations in the field of Personal Data system.

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Cross-Border Transfer of Personal Data

Cyber Crime ◽

10.4018/978-1-61350-323-2.ch409 ◽

2013 ◽

pp. 832-850

Author(s):

Grigore-Octav Stan ◽

Georgiana Ghitu

Keyword(s):

Data Protection ◽

Data Transfer ◽

Personal Data ◽

European Economic Area ◽

The European Union ◽

Legal Regime ◽

Cross Border ◽

Data Protection Directive ◽

High Level ◽

Insight Into

This chapter outlines the Romanian data protection legal regime governing the cross-border transfers of personal data, both to countries located in the European Union (EU) or in the European Economic Area (EEA), as well as to non-EU or non-EEA countries. In addressing the Romanian legal requirements related to international transfers of personal data, a high level insight into the background of Romanian data protection principles and main rules applicable in the broader context of privacy proves useful. Although this chapter analyzes mainly the Romanian legal regime of data protection, with a special emphasis on cross-border transfer of personal data, a similar interpretation and application of the data protection related requirements may also be encountered in other European jurisdictions. While expounding primarily on data transfer related matters, this chapter also looks at how the EU Data Protection Directive (Directive No. 95/46 EC), as well as the relevant secondary legislation in the field of data protection, has been implemented into Romanian law.

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Tracing Individuals under the EU Regime on Serious, Cross-border Health Threats: An Appraisal of the System of Personal Data Protection

European Journal of Risk Regulation ◽

10.1017/err.2017.60 ◽

2017 ◽

Vol 8 (4) ◽

pp. 700-722 ◽

Cited By ~ 2

Author(s):

Patrycja DĄBROWSKA-KŁOSIŃSKA

Keyword(s):

Data Protection ◽

Personal Data ◽

Integrated Approach ◽

Border Health ◽

Health Security ◽

Personal Data Protection ◽

Cross Border ◽

Health Threats ◽

The Right ◽

The Eu

AbstractThe article tackles the issue of personal data protection in case of tracing (looking for) individual persons who have been exposed to health risks pursuant to the EU Decision 1082/2013 on Serious, Cross-border Health Threats. This problem exemplifies just one among many challenges of the health-security nexus in the EU. That is, it regards a certain trade-off between the limitation of individual rights and securing populations’ safety. The text appraises the safeguards for the (lawful) limitation of the right to data protection after an in-depth examination of the provisions of the Health Threats Decision, its implementing measures, the reports on its operation, and in light of the general EU data protection laws. In conclusion, it claims that a number of improvements are needed because of the incompleteness, and the insufficient coherence and transparency of the EU regime for health threats. The established shortcomings are, at least in part, caused by the new EU “integrated approach” to health and security. In effect, an overall philosophy of reforms of public health policy in the name of “all-hazards security” applied in the Health Threats Decision can result in a reduction of the adequate level of protection of individuals’ personal data.

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PERSONAL DATA PROTECTION LAW USED IN MOBILE PHONE SIM CARD REGISTRATION IN INDONESIA

Notaire ◽

10.20473/ntr.v1i2.9434 ◽

2019 ◽

Vol 1 (2) ◽

pp. 267

Author(s):

Mahendri Putri Sholichah ◽

Dewi Rumaisa

Keyword(s):

Data Collection ◽

Mobile Phone ◽

Data Protection ◽

Data Transfer ◽

Personal Information ◽

Personal Data ◽

Sensitive Data ◽

Personal Data Protection ◽

Sim Card ◽

Data Protection Law

The growths of technology make the privacy of personal information become an important issue in most countries, including Indonesia. Utilization of personal data is common things in most of our activity within the cyberspace and in this case, even the advancement of technology cannot neglect the privacy of personal information. The abusing of the data record, especially the data that belongs to the personal data category, the information that exists within this data could go to the public when it is leaked. One of the cases related to the personal data abuse is registration of thirty mobile phone SIM cards using one person’s personal information without the consent of personal information owner. This paper explains about personal data cases related to the mobile phone SIM card registration, and from this case, some issues about the abusing of personal data will be taken as an example to give consideration for legislating personal data protection. Moreover, this paper also explores the purpose of personal data collection, sensitive data collection, limitation of data collection, storage of collected personal data, transfer of collected personal data, and deletion of collected personal data. This paper convinces the urgency drafting of personal data protection law for country likes Indonesia. Therefore it is hoped that this paper will become one of many considerations for the Indonesian government to include personal data protection law into their national legislation program and legislate the personal data protection law in recent times.

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Foreign firms resist India's data localisation plan

Emerald Expert Briefings ◽

10.1108/oxan-db238452 ◽

2018 ◽

Keyword(s):

Data Protection ◽

Central Government ◽

Personal Data ◽

Digital Economy ◽

Foreign Firms ◽

Regulatory Regime ◽

Fake News ◽

Content Type ◽

Personal Data Protection ◽

The Government

Subject Reform of data policies. Significance The central government is developing a new regulatory regime for data protection. The main elements likely in the regulatory push are elaborated in ‘The Personal Data Protection Bill, 2018’ (PDP bill) and the accompanying report entitled ‘A Free and Fair Digital Economy’ submitted to the government in July by the Justice BN Srikrishna committee of experts. Impacts The proposals, if implemented, would increase the state’s surveillance capabilities. New rules would also force large domestic firms to share their data, somewhat encouraging smaller entrants. The government will struggle to limit the spread of fake news and misinformation, even where these trigger violence.

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Cross-Border Transfer of Personal Data

Personal Data Privacy and Protection in a Surveillance Era ◽

10.4018/978-1-60960-083-9.ch017 ◽

2011 ◽

pp. 298-316

Author(s):

Grigore-Octav Stan ◽

Georgiana Ghitu

Keyword(s):

Data Protection ◽

Data Transfer ◽

Personal Data ◽

European Economic Area ◽

The European Union ◽

Legal Regime ◽

Cross Border ◽

Data Protection Directive ◽

High Level ◽

Insight Into

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Legislative discourse of digital governance: a corpus-driven comparative study of laws in the European Union and China

International Journal of Legal Discourse ◽

10.1515/ijld-2021-2059 ◽

2021 ◽

Vol 0 (0) ◽

Author(s):

Siyue Li ◽

Chunyu Kit

Keyword(s):

European Union ◽

Data Protection ◽

Data Security ◽

Personal Data ◽

The European Union ◽

Data Governance ◽

Personal Data Protection ◽

Cross Border ◽

Digital Governance ◽

The Eu

Abstract Based on the self-compiled corpora of the European Union and Chinese laws on data governance, this study adopts a corpus-driven approach to comparatively study the legislative design of the EU and China on digital governance, especially on key issues such as data protection, data processing and utilization, and cross-border data transfer. It is found through corpus analysis that the EU has developed a relatively comprehensive data protection system, which internally focuses on the protection of individual data rights and externally sets high standards on the cross-border transfer of data. Despite the data protection paradigm as it manifests, the EU is facing new challenges on data exportation, data jurisdiction in the competitive digital marketplace. Shared the same concern on the data protection legislation, Chinese data law has made significant progress in personal data protection with the nascent enactment of Data Security Law and Personal Data Protection Law. Notably, Chinese legislation features the hierarchal taxonomy of data under the principle of the national security exception, while it requires more legislative skills, flexible response mechanisms, and more subordinate laws to prevent future data security threats. Moreover, the corpus-driven method conducted in this study provides evidential insights for the comparative legal textual studies across jurisdictions.

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