Challenges relating to cross border flows of data

Abstract

Developments in technology are gradually changing the manner in which trade conducted throughout centuries. Trade of goods and services are gradually been replaced by trade of data across borders. Taking into consideration the value given for data today it can be considered the new oil in the 21st century. There are number of challenges when data is being transferred across borders. This includes protection of personal data and privacy, combating cybercrimes, protection of intellectual property. In addition, there is a great divergence between countries on free flow of cross border data. Some jurisdictions favour data protection and promotion of privacy over free flows of data whereas the others promote cross border flows of data for the promotion of international trade. The objective of this paper is to identify the given challenges and to discuss the measures that have taken by the countries to overcome such challenges and to promote transfer of data. As the research Methodology are online study done on international treaties such as OECD Guidelines, EU Regulations on data protection, APEC framework, statutes and decided cases from other jurisdictions, published articles on cross border data transfers, privacy and data protection and the challenges relating thereto.