Dawood Khan, Lawyer at Jammu and Kashmir High Court
ABSTRACT
The significance of managing data protection in the international trade context and the many global, regional, and national approaches to data protection regulation have been outlined in this paper.
This study acknowledges that several groups, including consumers (civil society), enterprises, and governments, have concerns about privacy and data protection. The difficulty for privacy and data protection regulations is to strike a balance between these various interests and concerns, ideally without unreasonably restricting the ability of commerce. Searching for solutions that are globally interoperable is also crucial to facilitating cross-border trading online. This study has demonstrated that the current system is unsatisfactory and that immediate action is required in light of the expansion of online commerce and social interaction as well as the advent of new technologies.
The study's main conclusions are that, despite significant global disparities in the details of data protection legislation, there is greater agreement on the fundamental principles of data protection that form the basis of the majority of national laws and international frameworks. These fundamental ideas are transparency: businesses must be transparent about how they handle personal data, limitations on collection: personal data must only be collected in limited, legal, and fairways, frequently with awareness and/or consent, specified purposes: at the time of collection, the reason for the collection and the reason for the disclosure must be stated, use restriction: use and disclosure must be kept to those purposes or those closely related to those reasons, security: personal data must be protected with the necessary security measures, data quality: personal information needs to be current, accurate, and relevant, access and rectification: the right for data subjects to access and update their personal information must be adequate, responsibility: ensuring adherence to the data protection principles is the duty of data controllers.
In light of this, this study has attempted to assess the current state of affairs and offer potential paths forward in order to create a system that strikes the right balance between data flows and data protection.
Keywords: Cross-border e-commerce, data flow, data protection, privacy, sustainable development, international trade law, and global economy.
