THE COMPLEXITY OF THE LAWS RELATING TO THE EXCHANGE OF E-CUSTOMERS’ PERSONAL DATA – PART 1

1.0               The European Union’s Member States will no longer be able to restrain the free movement between them of E-Customers’ personal data on the grounds relating to the protection of the rights and freedoms of individuals.[1] 

2.0               It also introduced regulations that made transfer of such data to countries outside the EU dependent on ‘adequate level of protection’ there.[2] 

3.0               In other words, while facilitating trade within the EU, the Directive could become a serious obstacle to E-Commerce with countries outside EU, if their level of protection was judged to be inadequate.[3]

4.0               This provision is intended to protect the E-Customers located in the EU.

5.0                With the passage of time Europe is increasing its effort to balance the needs of European individuals to receive rights and a level of protection to which they have accustomed, with the practices of foreign companies, especially American companies, which have been used to operate in a different cultures, and rely on different values to conduct business.[4]

6.0               The issue of transborder data flows relating to the exchange of E-Customers’ personal data can be approached from different viewpoints, and different actors can take different positions with respect to these viewpoints.

7.0                For the issue of transborder data flows, three different frames can be hypothesized to exist.

8.0               One can be labelled ‘economic interests’ and focuses on questions of cost effectiveness, profit and market extension.

9.0               Another one can be labelled ‘safety interests’ and is concerned with such things as reduction of risk and prevention of misuse.

10.0           A third one can be described as ‘civil liberty interests’ and centers on such issues as privacy and freedom of information.[5]

[1]              Preamble Section 9.
[2]              Article 25.
[3]               Andreas Busch, "The Politics of Transborder Data Flows: Competing Values, Interests, and Institutions" (2005) Oxford Internet Institute,online,accessed on January 26th  2006,available at http://web.lexis-nexis.com/universe/document.
[4]               Francoise Gilbert, "Transborder Data Transfers: New Set of Standard Contractual Clauses" (2005) Practising Law Institute Order Number 6080 9,online,accessed on January 26th 2006 at http://web2.westlaw.com.
[5]               Andreas Busch, "The Politics of Transborder Data Flows: Competing Values, Interests, and Institutions" (2005) Oxford Internet Institute,online,accessed on January 26th  2006,available at http://web.lexis-nexis.com/universe/document.

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