Year: 2025
Type: article
Abstract: In a globally connected digital economy, cross-border data transfers are pivotal for trade,innovation, and communication. However, they are also a source of significant legal andgeopolitical tension due to differing privacy and data sovereignty standards. This paper examinesthese conflicts, focusing on the European Union’s General Data Protection Regulation (GDPR),which has set a high bar for data privacy globally. By allowing data transfers only under stringentconditions, such as the adoption of GDPR-equivalent laws or the use of mechanisms like BindingCorporate Rules (BCRs) and Standard Contractual Clauses (SCCs), the GDPR imposes substantialcompliance burdens, particularly on developing nations. These requirements complicate efforts tobalance the preservation of digital trade opportunities with respect for national privacy standards.The study explores alternative frameworks, such as bilateral and regional agreements exemplifiedby the EU-US Privacy Shield and the Comprehensive and Progressive Agreement for TransPacificPartnership (CPTPP). It also underscores the potential for multilateral solutions based on commonprivacy principles developed through organizations like the OECD and APEC. By analyzing theseapproaches, this paper highlights the need for harmonized international standards that facilitatesecure and equitable data flows while respecting the diverse regulatory preferences of nations. Thefindings emphasize that fostering cooperation is essential to addressing the challenges and conflictsin global data governance.
Author: JATISH GULIA
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4409447875