Increasing emphasis on data privacy, sovereignty, and compliance

April 18, 2020

Various global governments are caught in between the cyber space battle with an aim of eliminating cyber-crime and bringing the fraudsters into legislative justice. In this decade the outcry against cyber-crime intensifies. There is much need for stringent legislation for the purpose of guarding national security interests as well as protecting citizen data.
According to UNTCAD, the 7 main challenges which face the growth and implementation of information/data protection laws are:
• Gaps coverage
• New technologies
• Data transfers across borders
• Data protection and surveillance
• Strengthening the law enforcement
• Managing the business compliance burden
• Determining authority
This increased emphasis on data privacy, sovereignty and compliance may come with good intentions but threaten current business processes and practices. It will also span conflicts in mobile computing practices, SaaS and cloud. Regulation bodies such as GDPR (General Data Protection Regulation and Safe Harbor are already active however, national governments are yet to consider their sovereignty in as far as cyber law enforcement and implementation is concerned. In May 25, 2018 (EGDPR) European General Data Protection Regulation became mandatory across all of Europe. This move brought forth a number of challenges on businesses within the European Union’s sphere.
What are the current global developments on Data Privacy, Sovereignty and Compliance?
Global developments against Cyber-crime of any nature was first introduced to giant spheres such as United Nations, Council of Europe convention, International Data Protection Commission and The OECD. Each of these global spheres made known their desire to partake in International Data Flaws and Data Regulation. All bodies addressed the underlying challenges to achieving this development however they all had individual strengths and limitations which were to be addressed before hand. The handling of data, its transfer and storage would change drastically, this in mind there was need to first address the issue of global business which would be affected tremendously.
Regional initiatives to data protection and flaw regulation
Due to their developed nature and maturity, regional initiatives on data protection are more successful than global initiatives. Although there is one challenge on membership which is often restrictive, these spheres are well placed to achieve data protection initiatives. Regional factions such as European Union, Common Wealth, Asia-Pacific Economic Cooperation and the African Union may have one goal in mind however they remain divided in their approaches to achieving it. The European Union is by far the most successful in achieving its regional initiative towards data protection and regulation. Other initiatives like Common Wealth and Asia Pacific Economic Cooperation follow suit however they are still bent on an approach that is less likely to affect business operations within their boundaries.
The effect of trade agreements on International Data Protection
Various trade agreements have emerged as an independent initiative which can churn out data protection laws as well as manage any emerging conflicts. The only shortcoming towards trade agreements is that responsible bodies do not avail to the public all documents within which negotiations are held.