Chapter

Trends and Developments in the Legal Landscape

Lokke Moerel

in Binding Corporate Rules

Published in print July 2012 | ISBN: 9780199662913
Published online September 2012 | e-ISBN: 9780191746208 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199662913.003.0004
Trends and Developments in the Legal Landscape

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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

Chapter.  16429 words. 

Subjects: Intellectual Property Law

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