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Information Technology Law

Information Technology Law (9th edn)

Ian J. Lloyd
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date: 12 July 2024

p. 1388. Transborder data flowslocked

p. 1388. Transborder data flowslocked

  • Ian J. LloydIan J. LloydFormerly Senior Specialist, HSU, National Research University, Russian Federation and Visiting Professor, Open University of Tanzania

Abstract

The Internet has created a global network whereby data may be processed and transferred on a global basis. The practice of transborder data flows creates significant challenges for national laws and their enforcement and the desire to exert a degree of control over these has formed a significant component within data protection laws. The European Union has applied the basic rule that transfers will automatically be permitted only to countries that provide an “adequate” level of protection. Determination what is adequate is a complex task and a variety of other rules may also apply, especially those concerning data flows to or from the United States which applies a different model of protection to that pertaining in Europe.

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