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  • 6 - International Data Transfers and Cybersecurity

  • Edited by Tomoko Ishikawa, Nagoya University, Japan, Yarik Kryvoi, British Institute of International and Comparative Law
  • Book:
    Public and Private Governance of Cybersecurity
    Published online:
    09 November 2023
    Print publication:
    23 November 2023, pp 134-160

  • Summary

    The chapter explores the question of how different domestic and international law approaches to regulating the international transfer of personal data deal with cybersecurity threats. It examines the 2016 EU General Data Protection Regulation, the 2021 UK National Security and Investment Act, and the 2018 United States, Mexico and Canada Agreement, as representing distinct approaches for regulating international data transfers, namely data protection legislation, investment screening legislation, and digital trade agreements. The analysis demonstrates that a lack of uniformity in terms of what constitutes an adequate level and design of data protection mechanisms has left the issue of how to distinguish between acceptable and non-acceptable data-transfer restrictions largely unresolved.