DATA SOVEREIGNTYISSUES AND CHALLENGES IN A CROSS-BORDER DATA TRANSFER
Legal Era|August 2020
The topic of Data Sovereignty of citizens/residents is going to see more conflicts as Governments and Internet Businesses both realize the value of data and informed Citizens are equally skeptical to give it to either of them for the preservation of their Privacy
DATA SOVEREIGNTYISSUES AND CHALLENGES IN A CROSS-BORDER DATA TRANSFER

In 2006, Clive Humby, the British mathematician, data scientist and entrepreneur, is credited to have said, “Data is the new oil”. Today, we are in a “Digital Age” where data is more valuable than ever. Just as the global manufacturing industry a half-century ago learned to adapt to an age of automation, companies today are learning to adapt to an age of digitization. In all the areas of business, we have learned to harness the power of the data to understand customer needs, develop new products, improve business processes, increase revenue and profitability. We have also learned to accept the necessity of constantly collecting and analyzing our inputs and results. We can collectively call these inputs and results, “Data”.

While some may disagree with the statement that “Data is the new oil”, it is true that all top companies globally and even Governments base their decision-making on data. Data sovereignty is the idea of data being subject to the laws and governance structures within the country where it is being collected - in contrast to Data being governed by the Laws and Governance structures of the country where it is stored or processed or where the company storing the data is incorporated.

Let me share three key recent developments in Hong Kong- China, India and EU regarding Data Sovereignty.

Three Recent Developments in HK (China), EU and India

1. On 7 July 2020, TikTok said it would exit the Hong Kong market within days, while other technology companies, including Facebook, WhatsApp, Telegram, Google, Zoom and Twitter, suspended processing (Chinese/HongKong) government requests for user data in the region over Beijing’s new security laws.

2. On 16 July 2020, the Court of Justice (of the European Union) invalidated the Decision 2016/1250 on the adequacy of the protection provided by the EU-US Data Protection Shield.

Bu hikaye Legal Era dergisinin August 2020 sayısından alınmıştır.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

Bu hikaye Legal Era dergisinin August 2020 sayısından alınmıştır.

Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.

LEGAL ERA DERGISINDEN DAHA FAZLA HIKAYETümünü görüntüle
If You Think Positive Covid Is A Big Opportunity
Legal Era

If You Think Positive Covid Is A Big Opportunity

Senior Vice President and Head of Legal, ESSAR CAPITAL, Badrinath Durvasula, holds forth on his professional journey, the essence of leadership, working from home, books and more…

time-read
10+ dak  |
December 2020
PROJECT DEVELOPMENT
Legal Era

PROJECT DEVELOPMENT

JOINT VENTURE TRANSACTIONS

time-read
10+ dak  |
December 2020
NEW ARBITRATION RULES
Legal Era

NEW ARBITRATION RULES

PUBLISHED BY THE LONDON COURT OF INTERNATIONAL ARBITRATION (LCIA) AND INTERNATIONAL CHAMBER OF COMMERCE (ICC)

time-read
6 dak  |
December 2020
M&A in the time of COVID and beyond
Legal Era

M&A in the time of COVID and beyond

What is clear for those engaging in cross-border M&A is that countries around the world are becoming increasingly protective of their economies and industries, with new rules being introduced and existing rules being more widely applied

time-read
6 dak  |
December 2020
SWITZERLAND A DIFFERENTIATED APPROACH TO FRAUD
Legal Era

SWITZERLAND A DIFFERENTIATED APPROACH TO FRAUD

Swiss law interprets the offense of fraud in a special way where in addition to the characteristics of deception and damage as known in many jurisdictions, a qualified lie, i.e. a malicious approach, is required

time-read
5 dak  |
December 2020
JOINT VENTURE DISPUTES MEDIATING
Legal Era

JOINT VENTURE DISPUTES MEDIATING

Mediation has shown itself to be a powerful tool for bringing a speedy and effective end to crossborder disputes while preserving the commercial relationship between them.

time-read
7 dak  |
December 2020
Recognition of HONG KONG INSOLVENCY PROCEEDINGS IN MAINLAND CHINA
Legal Era

Recognition of HONG KONG INSOLVENCY PROCEEDINGS IN MAINLAND CHINA

A TEST CASE IN THE MAKING?

time-read
8 dak  |
December 2020
CONFIDENTIALITY IN ARBITRATION: RECENT DEVELOPMENTS IN SINGAPORE
Legal Era

CONFIDENTIALITY IN ARBITRATION: RECENT DEVELOPMENTS IN SINGAPORE

Two recent developments in Singapore case law and legislation reflect a willingness to preserve confidentiality related obligations in all arbitrations

time-read
5 dak  |
December 2020
ESSENTIAL GOODS SERVICES UNDER IBC
Legal Era

ESSENTIAL GOODS SERVICES UNDER IBC

WHAT DOES IT ESSENTIALLY MEAN?

time-read
6 dak  |
December 2020
A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE
Legal Era

A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE

A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE

time-read
7 dak  |
December 2020