Regulation of Transborder Data Flows under Data Protection and Privacy Law

This paper describes the present status of transborder data flow regulation to induce reflection about its aims, operation and effectiveness, now and in the future.

It considers only legal issues, in particular only those arising under data protection and privacy law; only examines rules that explicitly regulate the flow of data across national boarders; takes a global approach; uses the terms ‘data protection’ and ‘privacy’ interchangeably; and covers transborder data flows in both the private and public sectors.

© OECD, 2011