THE LEGAL SIGNIFICANCE OF CROSS-BORDER DATA EXCHANGE
Main Article Content
Abstract
In the era of digital globalization, cross-border data exchange has become a central component of international communication, trade, security cooperation, and technological development. However, the rapid intensification of data flows across jurisdictions has revealed significant legal challenges that require harmonized regulation within the framework of information law. This paper analyzes the legal significance of trans-boundary data exchange by examining global standards such as the GDPR, emerging regional regulatory models, and national legislation. It explores key legal dimensions including data sovereignty, privacy protection, cyber security requirements, data localization policies, and the responsibilities of data controllers during international transfers. Special attention is given to the tension between states’ desire to maintain control over personal and strategic information and the practical necessity for unrestricted data flow in sectors such as cloud computing, finance, biometrics, telecommunications, and e-commerce. Additionally, the study assesses the impact of inconsistent legal norms across jurisdictions, highlighting the risks of legal fragmentation, compliance burdens, and potential human rights violations related to privacy and informational self-determination. The abstract concludes that strengthening international cooperation, adopting unified technical-legal standards, and enhancing transparency mechanisms are essential for ensuring lawful, secure, and rights-based cross-border data exchange. The findings underscore the importance of developing integrated information law approaches capable of balancing state sovereignty, individual rights, and global digital interoperability.
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References
Convention for the protection of individuals with regard to the processing of personal data 108 Convention; https://www.europarl.europa.eu/meetdocs/2014_2019/plmrep/COMMITTEES/LIBE/DV/2018/09-10/Convention_108_EN.pdf
General Data Protection Regulation; https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng
Binding Corporate Rules; https://commission.europa.eu/law/law-topic/data-protection/international-dimension-data-protection/binding-corporate-rules-bcr_en
OECD AI principles; https://www.oecd.org/en/topics/sub-issues/ai-principles.html
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