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Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law

Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2020.

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Other Authors: Papadopoulos, Sylvia
Format: Thesis
Language:English
Published: University of Pretoria 2021
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access_status_str Open Access
author2 Papadopoulos, Sylvia
author_browse Papadopoulos, Sylvia
author_facet Papadopoulos, Sylvia
collection Thesis
dc_rights_str_mv © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria.
description Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2020.
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institution University of Pretoria (South Africa)
language English
last_indexed 2026-06-10T12:40:05.686Z
license_str Other — see source repository
provenance_str_mv Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository
publishDate 2021
publishDateRange 2021
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publisher University of Pretoria
publisherStr University of Pretoria
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source_str UPSpace — University of Pretoria Institutional Repository
spelling oai:repository.up.ac.za:2263/78368 Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law Papadopoulos, Sylvia tncheke@gmail.com Ncheke, Tholoana Rose UCTD Mercantile law Mini Dissertation (LLM (Mercantile Law))--University of Pretoria, 2020. Technology has enabled the transmission of personal data across multiple jurisdictions and data has become central to the emerging digital economy. Whilst this development provides an opportunity for greater economic integration and access to global markets, it also presents a new challenge in respect of the regulation of personal data which is still predominantly based on national laws with limited jurisdiction. Other regions such as the European Union (EU) have recently introduced regulatory interventions to address the challenges posed by cross border personal data transfers which are enabled by digital technologies, whilst also limiting the hindrance to free data flows. Despite this progress, other regulatory instruments such as the Southern African Development Community (SADC) data protection model law, which provides guidance to SADC member states, are no longer fit for purpose in light of the advancements in technology. Against this background the study will critically assess and compare the extraterritorial application of the EU General Data Protection Regulation against the SADC data protection law within the context of the growing digital economy. To this end, the study will analyse the objectives and key terminology of the GDPR together with the cross-border data flow provisions. The study will thereafter compare the GDPR provisions with the SADC model law on data protection, focusing on the corresponding cross-border data flow provisions. Pursuant to the above, the study will focus on determining the compatibility of the SADC model law provisions, vis-à-vis the GDPR provisions in order to make recommendations to bring the SADC model law on par with the GDPR which is hailed as international best practice. Mercantile Law LLM (Mercantile Law) Unrestricted 2021-02-10T06:45:54Z 2021-02-10T06:45:54Z 2021 2020 Mini Dissertation Ncheke, TR 2020, Cross-border data flows in the digital economy: an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law, LLM mini-dissertation, University of Pretoria, viewed 2021/02/09 http://hdl.handle.net/2263/78368 S2020 http://hdl.handle.net/2263/78368 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria
spellingShingle UCTD
Mercantile law
Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law
title Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law
title_full Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law
title_fullStr Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law
title_full_unstemmed Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law
title_short Cross-border data flows in the digital economy : an analysis between the European Union General Data Protection Regulation and the Southern African Development Community Data Protection Model law
title_sort cross border data flows in the digital economy an analysis between the european union general data protection regulation and the southern african development community data protection model law
topic UCTD
Mercantile law
url http://hdl.handle.net/2263/78368