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Cross-Border Data Privacy Laws In The Global South


Chayan Shree Upadhyay, LLM (IP), Amity University, Noida


ABSTRACT


As data becomes increasingly integral to economic and social functions, the Global South faces unique challenges in designing and implementing data protection regulations that meet both local and global demands. In recent years, numerous countries across Asia, Africa, and Latin America have enacted legislation to protect personal data, with India’s Digital Personal Data Protection Act of 2023 standing as a notable example. This paper examines key themes and insights from the 2023 Global Technology Summit (GTS) in New Delhi, where data protection regulation was a primary focus. The summit emphasized the importance of regionally harmonized governance frameworks to support developing countries in managing cross-border data flows and safeguarding individual privacy, while fostering economic growth. A techno- legal approach was proposed as a viable pathway to achieving this harmonization, blending technical safeguards with legal structures to build adaptable, secure, and scalable frameworks. By exploring the perspectives and recommendations shared at the GTS, this paper provides an in-depth analysis of the challenges faced by the Global South in establishing effective data protection laws. It also offers potential strategies for ensuring these regulations align with global standards while addressing the specific needs of developing economies. This analysis aims to contribute to ongoing conversations around inclusive and equitable data governance in the digital age.


Keywords: Data Protection, Global South, Cross-Border Data Flows, Digital Personal Data Protection Act (DPDP) 2023, Regional Harmonization, Techno- Legal Approach, Global Technology Summit (GTS).



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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