Data Protection in Commercial Arbitration: In the Light of GDPR (original) (raw)
Related papers
GDPR Issues in Commercial Arbitration and How to Mitigate Them
Kluwer Arbitration Blog, 7 Sep, 2019
The present paper analyzes the applicability of the data protection rules in a specific sector such as commercial arbitration. What are the most important implications of GDPR for the main participants in the arbitration process is examined in the publication (Note: The publication is in English)
Data Protection and International Arbitration
Revista electrónica de direito, 2024
This study aims to reflect on the importance of data protection law, namely the General Data Protection Regulation (GDPR), when it comes to International Arbitration, which is something that implies the need to articulate different laws and international treaties. For this reason, we address the different issues regarding the material and territorial scope of the regulation, as well as the question of transfers of personal data to third countries. We also analyze which personal data can be processed during an international arbitration. Finally, our investigation takes into consideration some of the main issues regarding the proceeding of arbitration itself and evaluates whether the GDPR can offer, when applicable, a coherent answer to the data protection's issues emerging in international arbitration. In a world more technologic than ever, this study aims to demonstrate how these two different worlds (data protection law and international arbitration) can collide for a common application whenever it is necessary.
Law Series of the Annals of the West University of Timisoara, 2016
The examination of the appearance, extent and necessity of transparency and transparent management in certain sectors of the global business environment, furthermore, the comparative analyzation of the related regulatory background gives the backbone of the paper. The increased need for corporate governance and alternative dispute resolution mechanisms in the international business environment (especially via the widespread utilization of investor-state arbitration) proves to be a desire directed towards an increasingly transparent, thus more reliable approach. Therefore, the examination and exploration of conflicting interests and the regulatory background in connection with such matters proves useful in the development of these phenomena. In order to get a deeper understanding of the topic, the paper discovers the historical background of intemational arbitration and compares the arbitration rules of certain arbitral institutions with regards to privacy and confidentiality, thus attempting to measure the extent of transparency manifested in such instruments.
Introduction to the Symposium on the GDPR and International Law
AJIL Unbound, 2020
It is rare that a lengthy and detailed piece of legislation adopted in one jurisdiction becomes not only a law with powerful impact across multiple jurisdictions and continents, but also an acronym that trips readily off the tongue of laypeople and lawyers alike around the world. Yet this has been the fate of the European Union's General Data Protection Regulation, now commonly known as the GDPR, since its coming into force in 2018. Perhaps the Helms-Burton Act came somewhat close in its global impact when the United States adopted the extensive anti-Cuba sanctions regime in 1996. But Helms-Burton was a deliberately globally-targeted sanctions regime that sought to pressure foreign companies trading in or with Cuba into ceasing those activities, and it was adopted as an instrument of U.S. foreign policy. By comparison, the GDPR at first glance appears to be a domestically-focused piece of legislation intended to strengthen data protection and privacy standards within the EU, and to make Europe, in the terms used by the European Commission, "fit for the digital age." Describing itself as a measure intended to harmonize data privacy laws across Europe's single market, the GDPR-which in principle requires no transposition on the part of EU member states in order to have immediate and binding legal effect within those states-applies to any organization operating within the EU or offering goods or services to customers or businesses in the EU. The legislation imposes a demanding set of regulatory standards on those who control or process personal data, in relation to the purposes, uses, handling, and storage of such data. Breaches of these standards can result in the imposition of hefty fines. While the overriding purpose of the regulation may be the protection of personal privacy, the GDPR addresses multiple aspects of data governance that are relevant to businesses worldwide. The key to the way in which the GDPR goes far beyond being a domestic EU-focused legislative measure is in its application to any business or organization anywhere in the world that offers goods or services to persons within the EU, or that monitors the behavior of individuals in the EU. This has meant that the numerous and detailed regulatory standards imposed on companies and organizations-which include the need to obtain the affirmative consent of those whose data they gather or hold; the requirement to inform; the obligation to rectify and to erase data; and restrictions on transfers of data outside the EU-have a very extensive global reach indeed. As Anu Bradford has convincingly argued, at a time when the EU has emerged from a series of economic and political crises as a weakened international political actor, its global regulatory influence and power by comparison has, if anything, increased. 1 While some have welcomed the EU's digital leadership in setting strong data protection and privacy standards, others have been critical of the reach and implications of the GDPR, with the Heritage Foundation and others accusing the EU of digital imperialism. 2 One evident consequence of the global impact of the GDPR is that many of its requirements are in tension with, if not directly in conflict with, other regimes and
2021
The purpose of this article is to analyse the competences of the supervisory authority provided for in the General Data Protection Regulation (GDPR) as a tool to shape the practice of personal data processing. This article verifies the thesis that the status of the supervisory authority formed in the GDPR, taking into account the authority’s independence, makes it possible to exercise the authority thoroughly, which is the basis for shaping personal data processing practice. Supervisory authorities have a wide range of powers to carry out the duties assigned to them. This is guaranteed by their independence. The exercise of powers resonates with all entities that fall under the jurisdiction of those authorities. The decisions of the authorities become the subject of interest of both the literature and personal data administrators. The powers connected with imposing administrative penalties might play a particular role. Their imposition causes that entities which are in similar circu...
Challenges of General Data Protection Regulation (GDPR)
Proceedings of the International Scientific Conference - Sinteza 2018, 2018
The aim of this paper is The General Data Protection Regulation (GDPR), an overview of current achievements in this domain within the framework of existing knowledge in literature, international standards and the best practice as far as the GDPR is concerned. This paper is particularly dedicated to GDPR who harmonizes data protection requirements across all 28 Member States, introduces new rights for data subjects, and applies extraterritorially to any organization controlling or processing data on natural persons in the European Union.
Jurisdiction and Applicable Law under the GDPR: A New Landscape
The John Marshall Journal of Information Technology & Privacy (JITP), 2020
Technology, since its introduction into the industry, has observed global and drastic changes over the years. With communication channels expanding across nations, the threats to security continue being increased with each growing day. Management of communication channels, by state or federal authorities, is thus important in the identification of criminals masked behind the internet. These criminals utilize the internet to generate or perform criminal acts, such as fraud and theft, from a personal to a state level. Countless times institutions have complained of the presence of a breach within their networking or predominant organizational system. For this reason, it is important to define rules and regulations that govern a region of the world that, previously, did not have any laws or regulations. Cyber-attacks are issues that are experienced in every nation. For persons who engage in cyber-attacks, violate the privacy of persons and thus are acting against the law of the land. However, the determination of which nation has a right to convict the actor of the deed differs as various laws stipulate which nation is to be sovereign in given situations. Various states differ as to the point at which a person’s private life is invaded with the action of processing data that is from within their account. For this reason, there is a need to develop regulations that state where the privacy of an individual is contravened when accessing information that is online. In 2016, the European Parliament and the Council of the European Union developed the General Data Protection Regulation (GDPR). Previously, it was a directive that had been developed to manage the European Union's (EU) jurisdiction in international conditions within the use of the Internet. In this article, a critical analysis of the GDPR is given with concentration being placed on the clauses stated concerning the factors and institutions it affects, and its scope of jurisdiction within and beyond the European Union.
The European Union general data protection regulation: what it is and what it means
Information & Communications Technology Law, 2019
This paper introduces the strategic approach to regulating personal data and the normative foundations of the European Union's General Data Protection Regulation ('GDPR'). We explain the genesis of the GDPR, which is best understood as an extension and refinement of existing requirements imposed by the 1995 Data Protection Directive; describe the GDPR's approach and provisions; and make predictions about the GDPR's implications. We also highlight where the GDPR takes a different approach than U.S. privacy law. The GDPR is the most consequential regulatory development in information policy in a generation. The GDPR brings personal data into a detailed regulatory regime, that will influence personal data usage worldwide. Understood properly, the GDPR encourages firms to develop information governance frameworks, to in-house data use, and to keep humans in the loop in decision making. Companies with direct relationships with consumers have strategic advantages under the GDPR, compared to third party advertising firms on the internet. To reach these objectives, the GDPR uses big sticks, structural elements that make proving violations easier, but only a few carrots. The GDPR will complicate and restrain some informationintensive business models. But the GDPR will also enable approaches previously impossible under less-protective approaches.