Cross-border data regulation for digital platforms: Data privacy and security

The rise of digital platforms necessarily entails the processing of personal data between platforms and their users. More than enabling the delivery of services by the platforms, data shared by users has increasingly become valuable as various businesses are able to leverage their access to data in order to create and upsell other services. Data is increasingly becoming a valuable commodity for platforms. The increase in digital transactions and individuals with access to the internet require the implementation of privacy regulations in order to uphold the privacy rights of individuals while still allowing the flow of data across entities and jurisdictions. However, the ability of platforms to engage in cross-border transactions or operations are affected by the stringent requirements of data protection laws, coupled with the divergent regulations among jurisdictions. Such divergence also serves to weaken the ability of regulations to curb undesirable data processing practices, as platforms may take advantage of jurisdictions with weaker data protection rules in place. The effectivity of data protection mechanisms, which are focused on a consent-based regime, may also have some intended consequences where regulations have allowed platforms to legally exploit data without actually providing greater control to the data subjects themselves. [...]