Extraterritorial application of the GDPR: promoting European values or power?

Gstrein, Oskar Josef; Zwitter, Andrej

doi:10.14763/2021.3.1576

Cited by 14 publications

(21 citation statements)

References 23 publications

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“…The analysis thus contributes to research studying how policymakers react to the increasing importance of data-based value creation and its regulation (Aaronson, 2019a;Burri, 2021a;Ferracane, 2021;Goyal et al, 2021;Kalyanpur & Newman, 2019). It also speaks to other contributions showing how despite prominent references to values and individual rights in the EU's digital agenda, these are often overshadowed by economic concerns (Gstrein & Zwitter, 2021;Jančiūtė, 2017;Niklas & Dencik, 2021).…”

Section: Introductionmentioning

confidence: 90%

Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

König

2022

European Policy Analysis

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This paper leverages the resource regime concept to systematically analyze the shape of data governance established by European Union (EU) digital policy. It highlights what gives shape and coherence to this data governance across different policies and how this governance structures relations between actors in the data economy. The analysis shows a common thrust in the EU's digital policies since its 2010 Digital Agenda.Overall, EU data governance is market-creating not only through rules that directly aim at strengthening market integration and limiting anti-competitive behavior but also through regulation that works to protect and promote EU-based industries and to bolster their competitiveness in a global economy. EU digital policies complement each other in establishing more favorable conditions for EU businesses in relation to non-EU competitors, and this market-creating neomercantilist orientation is rooted even in data and consumer protection policies that also have a marketcorrecting dimension.

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Section: Introductionmentioning

confidence: 90%

Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

König

2022

European Policy Analysis

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“…In the context of data protection regulations, the Brussels effect occurs through economic sanctions, since countries that refuse to comply with minimum European data protection requirements are sanctioned from doing business in the EU (Kuner, 2020). Therefore, the EU expands its data protection standards beyond its borders (Gstrein & Zwitter, 2021)…”

Section: Replicating the Gdpr Into The Lgpdmentioning

confidence: 99%

The effects on local innovation arising from replicating the GDPR into the Brazilian General Data Protection Law

Canaan¹

2023

Internet Policy Review

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Following the implementation of the European General Data Protection Regulation (GDPR), Europe exported its data protection standards to Brazil's data protection legislation. Besides its manifest aim of providing data privacy rights, the GDPR also fosters economic benefits by incentivising the innovation of privacy-enhancing technologies. Therefore, using a TWAIL-based de-colonising methodology, this research article assesses the effects for innovation in Brazil arising from reproducing the European data regulation. It argues that this replication provided the LGPD with the principles that compel firms to innovate in the Brazilian privacy-enhancing technologies market. However, the Western firms, to the detriment of Brazilian firms, appropriate the resulting economic benefit of innovation because the former excel at introducing and securing technology monopolies in the Brazilian market. To rebalance opportunities for Brazilian firms, this paper advocates implementing local content policy for privacy-enhancing technologies, which requires firms to purchase a portion of their operations' inputs in the domestic market.Issue 1

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“…It is also important to recognise that “Although data privacy is no longer new to Africa, compliance with data privacy norms has been significantly lower compared to other jurisdictions” (Abdulrauf, 2021, p. 87). Whilst international privacy legislation such as the GDPR has become a global standard of a particular understanding and protection of individual privacy, there are also views that the global acceptance of the GDPR as normative can be seen as imperialistic with a disregard for contextual understandings of privacy (Gstrein & Zwitter, 2021; Mannion, 2020), in particular from the Global South (Makulilo, 2016a, 2016b). Considering the lasting legacy of colonialism in the Global South, and in particular on the African continent, it should not come as a surprise that there are scholars and institutions in the Global South that are pushing back against the EU as ‘normative power’ (Berge, 2021) to the exclusion of local and regional understandings of, for example, privacy.…”

Section: Data Privacy and Legislation On The African Continent In A B...mentioning

confidence: 99%

Data privacy on the African continent: Opportunities, challenges and implications for learning analytics

Prinsloo

Kaliisa

2022

Brit J Educational Tech

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Whilst learning analytics is still nascent in most African higher education institutions, many African higher education institutions use learning platforms and analytic services from providers outside of the African continent. A critical consideration of the protection of data privacy on the African continent and its implications for learning analytics in African higher education is therefore needed. In this paper, we map the current state of legal and regulatory environments and frameworks on privacy to establish their implications for learning analytics. This scoping review of privacy regulations in 32 African countries, complemented by 15 scholarly papers, revealed that there are numerous national and regional legislation and regulatory frameworks, providing clear pointers pertaining to (student) data privacy to governments, higher education institutions and researchers. As such, the findings of this research have implications for African higher education to ensure not only legal compliance but also to oversee and safeguard student data privacy as part of their fiduciary duty. This research provides crucial insights regarding the importance of context for thinking about the expansion and institutional adoption of learning analytics. What is already known about this topic Personal data have become commodified and are regarded as a valuable commercial asset. The commercial value of data relies on the collection and analysis of increasing volumes, granularity, variety and velocity of personal data (both identifiable and aggregated). Africa and African higher education are regarded as new data frontiers to be exploited. What this paper adds This paper, for the first time, makes an attempt to map privacy legislation and academic research on (student) data privacy in the African continent. Maps key implications for African higher educations to consider in collecting, analysing, using and sharing student data. It provides pointers for a research agenda pertaining to student data privacy on the African continent. Implications for practice and/or policy African higher education institutions should consider student data privacy when entering into service level agreements with educational technology and platform providers. African governments should develop common data sharing frameworks to facilitate cross‐border data transfer. Current African data privacy legislation provides important implications for the adoption and institutionalisation of learning analytics. African higher education also has to consider the ethical aspects of learning analytics.

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Extraterritorial application of the GDPR: promoting European values or power?

Cited by 14 publications

References 23 publications

Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

Fortress Europe 4.0? An analysis of EU data governance through the lens of the resource regime concept

The effects on local innovation arising from replicating the GDPR into the Brazilian General Data Protection Law

Data privacy on the African continent: Opportunities, challenges and implications for learning analytics

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