Cross-Border Data Flows And The Question Of Digital Sovereignty: A Legal Analysis
- IJLLR Journal
- Apr 25
- 2 min read
Abha Katiyar, ABVSLS, Chhatrapati Sahu Ji Maharaj University Theme: Data Protection, Privacy and Digital Sovereignty
Dr. Divyansh Shukla, Research Scholar, ABVSLS, Chhatrapati Sahu Ji Maharaj University Theme: Data Protection, Privacy and Digital Sovereignty
ABSTRACT
In the faster than ever developing economy and world, which is skyrocketing towards the digital world. The cloud market in India is expected to reach a projected revenue of US$ 76,385.7 million by 2030 and India is the world’s 3rd-largest digitalized economy. Data privacy is one of the foundational pillars, for digital sovereignty, the corollary being that the states autonomy and ability to protect their digital infrastructure or data, independent of any influences and foreign actors. In conjunction with the above, the free data flows that is essential for the global digital economy, thereby putting in motion the cross-border transfer of the data, that enumerates the fundamental aspect of global trade, which immediately creates a center of tension between the idea of digital sovereignty and cross-border flow of the data.
The state’s paramount obligation to safeguard the privacy of the citizens and its individuals, must be balanced against the potential consequences of restricting cross-border data flows, imposing strict data localization, which eventually could undermine the global economic and trade interests, thus necessitating a nuanced legislative framework that protects the individual’s privacy while facilitating secure and regulated data exchange to foster economic growth. The major research question is to examine what legislative and regulatory measures a state implements to manage privacy and personal data of their individuals, that is prone to cyber-crime and synchronically restrictions on the cross-border data flow, do not depreciate the quality of international trade and economic growth of the nation, in accordance with national and international framework. This research is based on mixed- method approach of doctrinal and non-doctrinal research techniques, in the paper which essentially involves the collection quantitative and legal approach and then the analysis of the collected data from the different scholars and authors. As cyber-crime and digital sovereignty is a complex research topic, this method provides comprehensive and descriptive analysis of the GDPR, DPDP Act, 2023 and various other regulations.
Keywords: Digital sovereignty, cross-border data flow, data localization, digital governance, cybersecurity.
