Essential Legislative Approaches for Enabling Cross-Border Data Transfers in a Global Economy

Global data flows are the product of the increasing globalization and digitalization of business processes and society. They are foundational to the modern digital economy. The ability to use, share and access information across borders stimulates innovation, enables data-driven products and services, fuels economic growth and ideas, and is often the lifeline for remote communities. Any limitation on cross-border data flows, therefore, presents serious challenges to these key attributes and benefits of the global movement of data.

This paper does not attempt to prove this particular point, however, as it has been discussed extensively elsewhere. Instead, the paper enumerates important cross-border transfer mechanisms that should be included in any law that regulates or limits data transfers to other countries.

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