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Binding Corporate RulesCorporate Self-Regulation of Global Data Transfers$
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Lokke Moerel

Print publication date: 2012

Print ISBN-13: 9780199662913

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199662913.001.0001

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Trends and Developments in the Legal Landscape

Trends and Developments in the Legal Landscape

(p.61) 4 Trends and Developments in the Legal Landscape
Binding Corporate Rules

Lokke Moerel

Oxford University Press

This chapter discusses some trends and developments in the regulatory landscape, such as the increasing tensions between the different regulatory systems, the prospects of the growing call for a global data protection standard, and the cross-border enforcement issues presently encountered by data protection authorities (DPAs) and individuals alike. It concludes with a discussion of possible alternative solutions to improve the position of individuals in case of cross-border data protection violations. One of these solutions requires the introduction by multinationals of global corporate self-regulation backed up by government enforcement. By introducing the possibility for multinationals to make a choice of law and forum in these self-regulatory codes, it would be possible to have these codes supervised and enforced on a worldwide basis by one ‘lead’ DPA only, preferably the authority of the place of establishment of the headquarters of such multinational.

Keywords:   cross-border enforcement, self-regulation, choice of forum, choice of law, data protection authorities

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