
Contents
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4.1 Increasing Tension between Different Regulatory Systems 4.1 Increasing Tension between Different Regulatory Systems
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4.2 Towards a Global Standard for Data Protection? 4.2 Towards a Global Standard for Data Protection?
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4.3 Cross-border Enforcement Issues 4.3 Cross-border Enforcement Issues
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4.4 Thinking about Alternative Solutions for Enforcement 4.4 Thinking about Alternative Solutions for Enforcement
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4.4.1 Self-regulation backed up by governmental enforcement tools 4.4.1 Self-regulation backed up by governmental enforcement tools
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4.4.2 Parallel with enforcement of consumer protection laws 4.4.2 Parallel with enforcement of consumer protection laws
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4.4.3 Country of origin approach 4.4.3 Country of origin approach
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Proposed Regulation Proposed Regulation
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4.4.4 Accountability approach 4.4.4 Accountability approach
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4.4.5 Private choice of law and forum in transnational private regulation 4.4.5 Private choice of law and forum in transnational private regulation
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4 Trends and Developments in the Legal Landscape
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Published:July 2012
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Abstract
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.
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