Transatlantic Data Protection in Practice
This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the da
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Transatlantic Data Protection in Practice
Transatlantic Data Protection in Practice
Rolf H. Weber • Dominic Staiger
Transatlantic Data Protection in Practice
Rolf H. Weber Faculty of Law University of Zurich Zurich, Switzerland
Dominic Staiger Zurich, Switzerland
ISBN 978-3-662-55429-6 ISBN 978-3-662-55430-2 (eBook) DOI 10.1007/978-3-662-55430-2 Library of Congress Control Number: 2017947497 © Schulthess Juristische Medien AG, Zurich - Basel - Geneva 2017 Co-Publication with Schulthess Juristische Medien AG. ISBN 978-3-7255-7715-6. www.schulthess.com Published by Springer-Verlag GmbH Berlin Heidelberg 2017. This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Printed on acid-free paper This Springer imprint is published by Springer Nature The registered company is Springer-Verlag GmbH Germany The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany
Foreword Information technology and communication tools have fundamentally changed the way in which humans as well as businesses operate and interact. The caused challenges include automated data processing between machines as well as artificial and swarm intelligence being able to draw conclusions from a wide range of data. The global data flows are exposed to many different legal frameworks of sovereign nation states. The lack of legal interoperability leading to a fragmentation of the normative environment jeopardizes the success of the technologically possible information exchanges. This assessment is particularly relevant in the field of data protection law. The different levels of data privacy rules in the European Union and in the United States of America have already provoked many political and legal debates. This publication analyses the potential conflicts in the light of their risks to enterprises and the way in which US-based cloud providers react to the uncertainties of the ap
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