Cybersecurity and Data Laws of the Commonwealth : International Trade, Investment and Arbitration

The book has been authored by a highly regarded international legal scholar and practitioner in transnational commercial and private law. The book highlights how the legal landscape for data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. This is because, data and cybersecurity underpin digital trade and investment. The aim of this book is to promote more engagement and collaboration between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important components of the future digital economy. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. More legal convergence is needed. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries. Foreword 5 Acknowledgements 7 Book Review 8 Contents 11 Part I Problem Definition 14 1 Introduction 17 1.1 Legal Convergence Versus Legal Harmonisation 33 1.2 The Commonwealth Digital Economy 40 1.3 Structure and Methodology 49 1.3.1 Referencing, Terminology and Limitation to This Research 52 1.3.2 Parts and Chapters 55 Part II Data Laws 14 2 Data Flows and Data Protection Law 60 2.1 Introduction 60 2.1.1 Regional Influences 63 2.2 Conclusion 85 3 Definitions Personal Data—Information 86 3.1 Introduction 86 3.2 Conclusion 108 4 Regulator 111 4.1 Introduction 111 4.2 Conclusion 126 5 Controller, Consent, Processing 128 5.1 Introduction 128 5.2 Conclusion 154 6 Storage Retention 156 6.1 Introduction 156 6.2 Conclusion 165 7 Localisation 167 7.1 Introduction 167 7.2 Conclusion 174 8 Data Flows: International Transfer 176 8.1 Introduction 176 8.2 Conclusion 189 9 Data Portability 192 9.1 Introduction 192 9.2 Conclusion 198 10 Right to Be Forgotten [RTBF]: Erasure 199 10.1 Introduction 199 10.2 Conclusion 205 11 Public and Private Sectors 206 11.1 Introduction 206 11.2 Conclusion 211 12 Data Rights 213 12.1 Introduction 213 12.2 Conclusion 220 Part III Cyber Security Legal Concepts 14 13 Cyber Security Laws 223 13.1 Conclusion 234 14 Illegal Access 236 14.1 Introduction 236 14.2 Conclusion 247 15 Interfering with Data 248 15.1 Introduction 248 15.2 Conclusion 256 16 Interfering with a Computer System 258 16.1 Introduction 258 16.2 Conclusion 266 17 Illegal Interception of Data 268 17.1 Introduction 268 17.2 Conclusion 275 18 Illegal Devices 276 18.1 Introduction 276 18.2 Conclusion 284 19 Fraud 286 19.1 Introduction 286 19.2 Case Study—India 291 19.3 Conclusion 295 20 Theft [Identity] 298 20.1 Introduction 298 20.2 Conclusion 306 21 Ransom-Extortion 308 21.1 Introduction 308 21.2 Conclusion 315 Part IV Data and Cybersecurity in International Arbitration 14 22 International Arbitration 319 22.1 Introduction 319 23 Key Definitions of Terms 338 23.1 Introduction 338 23.2 Conclusion 348 24 UNCITRAL Arbitration Model Law 349 24.1 Introduction 349 24.2 Conclusion 356 25 Appointment of Arbitrator, Seat and Arbitration Agreement 357 25.1 Introduction 357 25.2 Conclusion 379 26 Experts 381 26.1 Introduction 381 26.2 Conclusion 389 27 Enforcement of Arbitration Award 391 27.1 Introduction 391 27.2 Conclusion 402 28 International Centre for Settlement of Investment Disputes 404 28.1 Introduction 404 28.2 Conclusion 417 29 Ethics, Moving Forward and Conclusion 419 The book has been authored by a highly regarded international legal scholar in commercial and private law. The book highlights how the legal landscape for in data protection, cross-border data flows and cybersecurity law is highly diverse and fragmented amongst all commonwealth countries. The book focuses on addressing the gaps in data, cybersecurity and national arbitration law of these countries. The aim of this book is to promote more engagement between commonwealth countries, to ensure they capitalise on the growing digital economy. Notwithstanding the above, the digital economy is rapidly changing the way we work and live. When coupled together cybersecurity and data law will be an important component of the future digital economy. They will both be integral to transnational trade and investment. That said, there will likely be disputes, and international arbitration can be an effective legal mechanism to resolve trade and investment disputes across the digital economy. On that basis, this book augments how the respective laws of commonwealth countries, along with the model data and cyber laws of the Commonwealth should be reviewed to minimise any legal divergence. This book provides a comparison and practical guide for academics, students, and the business community of the current day data protection laws and cross-border data flows among all commonwealth countries.