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|This book contains the only text to provide a detailed legal analysis of transborder data flow regulation under data protection and privacy law and it is written by a data protection expert who has been involved in the drafting of some of the leading international data protection instruments. |
It includes detailed analysis of the issues presented by online technologies, such as cloud computing and online social networks and discusses conflicts between transborder data flow regulation and other areas such as Sarbanes-Oxley and law enforcement requirements.
The book includes the English text of all legislative regulations under data protection law from around the world that restrict transborder data flows.
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