Transborder Flow of Personal Data: Comparing the EU-India Approaches and a Possible Cooperation Framework
| Authors | |
|---|---|
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Indian Journal of International Law |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Keywords | personal data; transborder flow; EU; India |
| Description | The regulation of transborder flow of personal data is a global challenge to which countries and regions have responded to differently. While the protection of personal data is important, too many restrictions and regulations may impede trade and commerce. At the same time, compatibility between various frameworks and approaches is important to facilitate transborder flows of personal data, carried out for commercial purposes or cooperation between public authorities such as law enforcement. The General Data Protection Regulation (GDPR) is in place in the European Union (EU). The Personal Data Protection Bill (PDPB) 2019 is about to be passed in India. In light of close relations between EU and India, it is important to examine significant differences between these frameworks in terms of for example, conditions for data processing, data subject rights, localization, breach handling, audit requirements. This article attempts to study the major challenges between the EU and India in transborder data flows and also suggests options for a possible cooperation framework. It is hoped that this paper would be relevant for policy makers and researchers working on data protection issues between the two geographies and help in closing the gap for reaching a common understanding on the regulation of transborder data flows. |
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