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Trade, Cross-Border Data, and the Next Regulatory Frontier : Law Enforcement and Data Localization Requirements (English)

Policy-makers and regulators are striving to tackle the challenges brought by the recentexponential growth of cross-border data. One sensitive policy concern is how to ensure accessto data by law enforcement, which has led countries to impose data localization requirements or other heavy-handed responses. Existing regulatory tools are poorly equipped to address these challenges of the digital age. Innovative regulatory solutions, focused on cooperation and the recognition that firms may be required to produce data regardless its physical location, can help bring a balance between free data flows and the need to ensure effective law enforcement.

Details

  • Author

    Molinuevo,Martin, Gaillard,Simon Jean Henri

  • Document Date

    2018/12/01

  • Document Type

    Brief

  • Report Number

    132606

  • Volume No

    1

  • Total Volume(s)

    1

  • Country

    World,

  • Region

    The World Region,

  • Disclosure Date

    2018/11/30

  • Disclosure Status

    Disclosed

  • Doc Name

    Trade, Cross-Border Data, and the Next Regulatory Frontier : Law Enforcement and Data Localization Requirements

  • Keywords

    cooperation in law enforcement; online service; public policy; federal law enforcement; global value chain; country of citizenship; court of appeal; drug law enforcement; court order; trade and investment; digital market; testimony of witness; digital age; trade in goods; law enforcement agencies; International Trade; law enforcement effort; digital communication; foreign jurisdiction; physical location; international cooperation; regulatory solution; data center; real time; exponential growth; enforcement agency; internet traffic; Servers; domestic company; federal prosecutor; intelligence service; data provider; trafficking case; data transfer; domestic law; emerging economy; Emerging economies; regulatory response; international rule; competition authority; legal ground; executive agreement; punitive measure; judicial order; legal requirement; domestic court; enforcement capacity; federal judge; international border; legal prosecution; safe haven; judicial cooperation; personal data; parent company; business decision; selling drug; technology company; social media; cross border flow; privacy protection; mobile device; individual privacy; data relationship; effective regulatory; alternative measure; cross-border flow; cloud computing; regulatory need; global exchange; study estimate; cisco systems; regulatory tool; quantitative analysis

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Citation

Molinuevo,Martin Gaillard,Simon Jean Henri

Trade, Cross-Border Data, and the Next Regulatory Frontier : Law Enforcement and Data Localization Requirements (English). MTI Practice Note,no. 3 Washington, D.C. : World Bank Group. http://documents.worldbank.org/curated/en/903261543589829872/Trade-Cross-Border-Data-and-the-Next-Regulatory-Frontier-Law-Enforcement-and-Data-Localization-Requirements