Data Flows Research Papers - Academia.edu (original) (raw)
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Today, cross-border data flows are an important component of international trade and an element of digital service models. However, they are impeded by restrictions on cross-border personal data transfers and data localization... more
Today, cross-border data flows are an important component of international trade and an element of digital service models. However, they are impeded by restrictions on cross-border personal data transfers and data localization legislation. This Article focuses primarily on these complexities and on the impact of the new European Union ("EU") legislation on personal data protection-the GDPR. First, this Article introduces its discussion of these flows by placing them in their economic and geopolitical setting, including a discussion of the results of a lack of international harmonization of law in the area. In this framework, rule overlap and rival standards are relevant. Once this situation is established, this Article turns to an analysis of the legal measures that have filled the gap left by the lack of international regulation and the failure to harmonize law: extraterritorial laws in the European Union (regional legislation) and the United States (state legislation);
Chapter 7 in the edited volume Situating Open Data.