| Summary: | 碩士 === 東吳大學 === 法律學系 === 107 === Nowadays, the internet has become a widely used platform for international business activities. Regardless of the form of cross-border commerce, to achieve market expansion and promote industrial competitiveness, corporations often require the collection, processing and exploitation of personal data. Massive cross-border flow of personal data is essential and inevitable in international trade, hence personal data protection is vital and we cannot disregard the impact of GDPR. Therefore, in consideration of individual privacy and national security, countries have established associated measures which limits the cross-border flow of data, i.e., data localization measures.
This paper begins with the development of national privacy laws in Europe, U.S. and Japan, to data privacy rights as the research foundation. The core value in which privacy rights and especially data privacy Taiwan aims to protect will be discussed.The aforesaid core value will guide Taiwan to establish an effective data privacy protection system;technological development and the legal system guarantees and assesses the advantages and disadvantages of Taiwanese personal data protection policies.
Secondly, to compensate for the incompleteness of Taiwan’s personal data law on cross-border data transmission and to comply with the development of information technology, it’s essential to investigate in detail how the transmission of data across borders and data localization policy are regulated internationally. References include the General Data Protection Regulation (GDPR) implemented by the European Union, the Cross Border Privacy Rules System (CBPRs) proposed by the Asia-Pacific Economic Cooperation, and etc. Cross border privacy rules implemented by different countries can be compared regarding their merits and disadvantages; Taiwan may incorporate suitable aspects of their policies to our legal system.
Thirdly, to gain the approval of the European Commission (EC) as a country which provides an adequate level of data protection, numerous countries have recently began to modify their personal data laws and other associated regulations. South Korea is currently seeking for the recognition from the EC and Japan is already recognized by the EC as a country with an adequate level of data protection. Both the aforementioned countries are worth noting to prepare the Taiwanese government to solicit for approval from the EC.
Lastly, each country implements different data localization measures, thus when corporations engage in international trade, challenges will arise between data regionalization and free-flow of personal data. Therefore, corporations must cope with trans-border compliance during international trade. With the increasing emphasis on international privacy protection, the direction of legal compliance regarding data protection Taiwanese corporations should follow will be reviewed.
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