Details
- The only text to provide a detailed legal analysis of transborder data flow regulation under data protection and privacy law
- Written by a data protection expert who has been involved in the drafting of some of the leading international data protection instruments
- Includes detailed analysis of the issues presented by online technologies, such as cloud computing and online social networks
- Discusses conflicts between transborder data flow regulation and other areas such as Sarbanes-Oxley and law enforcement requirements
- 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.
Readership: Academics, regulators and policy-makers in Data Protection and Privacy Law. A secondary market will comprise both external and in-house legal practitioners in these areas, including privacy officers.
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
Christopher Kuner, Senior Counsel, Wilson Sonsini Goodrich & Rosati, Brussels
Dr. Christopher Kuner is Senior Of Counsel in the Brussels office of Wilson Sonsini Goodrich & Rosati, and is an Honorary Fellow of the Centre for European Legal Studies, University of Cambridge, where he also teaches. He is Chairman of the Task Force on Privacy and Data Protection of the International Chamber of Commerce (ICC), and participates in the work of international organizations such as the OECD, the Council of Europe, and UNCITRAL. Dr. Kuner is author of the book European Data Protection Law: Corporate Compliance and Regulation and is editor-in-chief of the journal International Data Privacy Law (both published by Oxford University Press).
"Kuner's contribution to the global debate is rich and stimulating, at times thought provoking, well documented and worth reading. His contribution to the global debate is, in any case, rich and stimulating, at times thought provoking, well documented and worth reading." - Peter Hustinx, European Data Protection Supervisor, from the Foreword
"The book clearly points out the implications of increasingly globalized data transfers, depicts in an apt and informative way international, supranational and national approaches, and convincingly analyses regulatory policies. Both the extensive information and the meticulous discussion of the essential elements of international rules constitute an indeed remarkable research." - Professor Spiros Simitis, University of Frankfurt
