The Implications of GDPR in the Cross-Border Data Exchange:
An In-Depth Examination of a Modern Legal Conundrum
Recently, attempts to gain access to certain online resources from countries falling under the stone umbrella of the European Economic Area (EEA) have been thwarted. This limitation is particularly notable for websites hosted outside this jurisdiction that are confronted with regulatory challenges arising out of the enforcement of the General Data Protection Regulation (GDPR) within the EEA.
The General Data Protection Regulation (GDPR) and Digital Access
Imposed by European member states, the General Data Protection Regulation has become a rule of thumb for businesses operating in and interacting with people living or working within the European Economic Area. The key objective of GDPR is to provide individuals with the right to protect themselves from privacy and data breaches. However, its implementation effectively limits access to information and resources hosted outside the region, specifically for businesses unwilling or unable to comply with GDPR’s stringent protections.
The European Economic Area (EEA) and Digital Inclusion
Comprising member states of the European Union and some associated territories, the European Economic Area mandates the adoption of GDPR, not only within its own confines but also for foreign businesses dealing with EEA-based clients. Unfortunately, while this is noble in its pursuit of privacy protection, this policy has resulted in online ‘blackouts’ for several international internet resources unwilling to both comply with European privacy safeguards and amend their data dealing methods.
Contacting the Legal Gatekeepers
To remedy these issues or circumnavigate them, website visitors are advised to Contact the persons or teams responsible for data regulation compliance, usually operating under the title of Privacy Officer or Data Protection Officer. This contact often takes the form of e-mail correspondence or via a telephone hotline designated to aid in such matters.
The Consequential Blackout and Sense of Unavailability
Creating a visible ‘blackout’ effect or sense of unavailability, the enforcement of GDPR in EEA regions has had far-reaching implications. Amid fear of non-compliance penalties, many international websites choose to restrict access to their content for visitors from the EU and EEA countries, igniting a wave of reduction in global data exchange and cross-border digital interaction discouraging the free flow of information.
The Legal Ramifications of the GDPR Compliance
The legal implications of non-compliance are severe, as businesses risk heavy penalties, cyber remediation costs, and potential lawsuits resulting from even inadvertent violations. Under GDPR, businesses could face fines of up to 4% of their global annual revenue for gross violations. Furthermore, the one-stop-shop regime applies, meaning a corporation’s violation can be investigated by the data protection authority of any EU member state, adding to an overall sense of vulnerability for entities operating outside the European jurisdiction.
The Future Scope of Online Accessibility
While some companies find it easier to limit their provision to comply with the GDPR, the landscape of global internet usage is extremely interconnected. This underscores the need for expansive discussions, compromises, and legal understandings that respect the principles of privacy and data protection without limiting access to global resources.
Until a more amicable resolution is reached, the situation is likely to prevail— forcing users to come to terms with reduced accessibility and businesses to toe the line of GDPR compliance or face substantial legal consequences.
Originally Post From https://www.jewishaz.com/community/jewish-attorney-talks-importance-of-legal-aid/article_65a71d9c-d815-11ef-96cd-4b0557d3aa90.html
Read more about this topic at
The Situation Room : CNNW : March 7, 2014 2:00pm-3:31pm PST
