Global and Comparative Data Law
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Edited by:
Moritz Hennemann
Data are a central resource of the 21st century. Data serve individual, collective, and common good functions. Data and data ecosystems shape the competitiveness of commercial and non-commercial as well as public actors alike. Calibrating the use and use cases for data is a vital question (self-)regulators face — on the national, supranational, and international level. Global, comparative, and interdisciplinary perspectives are required to strike adequate balances between data co-operation and data competition. These perspectives go far beyond data protection law and include inter alia data economy law, open data law, trade secret law, and IP law. Against this background, this series tackles central questions of global and comparative data law & policy and provides in-depth studies and monographs as well as corresponding conference proceedings.
Topics
There is no global privacy or data law but often data and privacy are global. The study develops building blocks for a modern global privacy law or framework. The building blocks draw on the capabilities of new data technology and how human users interact with such technology. By integrating the building blocks into a modern privacy law or framework, countries can achieve a harmonization of their data and privacy regulation.
The study further examines the U.S. Consumer Online Privacy Rights Act (COPRA), a federal privacy bill, and assesses its effectiveness against the building blocks of a modern privacy law or framework. The U.S. now has many state privacy laws but lacks a federal privacy law. COPRA has been one of the most comprehensive federal privacy bills. Its structure and content has influenced other federal privacy bills such as the American Privacy Rights Act.
The study wants to raise interest for the U.S. perspective and current developments in U.S. privacy law. COPRA proposes new regulatory solutions how to meet current challenges in personal data processing which differ from European data protection law. Europe and the EU Commission should remain open to evaluating and, where possible, recognizing different regulatory choices such as in COPRA. This is why the study asks: Should the U.S. after COPRA be considered an adequate country according to Art. 45 para. 1 sentence 1 GDPR? Should EU data protection law draw inspiration from COPRA for a modern interpretation of the GDPR or for a possible reform of EU data protection law?
The impact of cultural factors on perceptions of and attitudes toward privacy is often neglected in privacy studies. Yet, understanding these factors is crucial in our globalized world, where businesses, governments and researchers rely on data from different cultures. This book makes a contribution to closing this gap. It presents and discusses findings from a large, comparative cross-cultural study on professionals’ views of key data protection and information privacy issues, such as data autonomy, the data power of companies and governments, and the impact of data protection and information privacy regulations on companies, consumers, and the state. The book facilitates a better understanding of attitudes toward data protection and privacy across cultures by highlighting areas in which professionals around the world are (dis-)satisfied with data protection regulations and practices, and showing how culture-specific factors can help to explain differences in this area.
This volume takes an in-depth look at how the European Data Governance Act (DGA) regulates B2B data brokerage services. To do so, it examines the objectives of the European data strategy, contemporary shortcomings in data markets, and the economic potential of data brokerage services. The focus of the volume is an extensive legal and economic exploration and evaluation of articles 10–15 of the DGA.
For the last two decades data protection regulatory models in the African continent were highly inspired by foreign ones – mostly by the European Union’s models. Recently, regulatory diversions can be spotted – reaching from strict(er) regulation on data sovereignty and data localisation to hybrid data protection and data governance approaches. Against this background, this volume presents the proceedings of the conference on "African Data Protection Laws: Regulation, Policy, and Practice" held in Accra, Ghana in 2022. The contributions undertake deep dives into the data protection and data governance development on the African continent – providing insights by distinguished scholars and experts in the field and tackling current trends, laws, regulations, and policies. The contributions narrate the unique African journey and lay the ground for interdisciplinary informed policy decisions, guide stakeholders, and also provoke future research towards a potential Pan-African data (protection) governance framework in Africa.
Data has become a key factor for the competitiveness of private and state actors alike. Personal data in particular fuels manifold corresponding data ecosystems – in many cases based on the disclosure decision of an individual. This volume presents the proceedings of the bidt "Vectors of Data Disclosure" conference held in Munich 2022. The contributions give comparative insights into the data disclosure process – combining perspectives of law, cultural studies, and business information systems. The authors thereby tackle the question in which way regulation and cultural settings shape (or do not shape) respective decisions in different parts of the world. The volume also includes interim results of the corresponding bidt research project – including in-depth reports covering the regulatory and cultural dimensions of data disclosure in eight different countries / regions worldwide, a business information systems model of the disclosure decision process, and empirical studies. The volume thereby lays the ground for interdisciplinary informed policy decisions and gives guidance to stakeholders.
The transfer of personal data to the UK raises a multitude of data protection law issues and opens up the view of the key challenges of global data exchange. The study contains an overall view of the regulations on third country transfers under the GDPR and the current state of regulation in the UK. It provides an assessment as to whether and to what extent the UK provides an adequate level of protection within the meaning of the GDPR for personal data transferred from the EU and whether the EU Commission's adequacy decision under the GDPR is compliant with the CJEU’s relevant case law. The examination of the UK’s data protection law as well as the regulations of the Investigatory Power Act and the extensive onward transfer practice to the USA form a main focus of the study. The alternative data transfer mechanisms and bases (Articles 46, 47 and 49 GDPR) are (also) examined with regard to their practicability for companies. The study also looks at relevant emerging developments and the wider context of the third country regimes of the EU’s data protection regime.
