Arbitration and the Protection of Personal Data Cover Image

Arbitrajul și protecția datelor personale
Arbitration and the Protection of Personal Data

Author(s): Daniel - Mihail Şandru
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Academiei Române
Keywords: ”arbitration”; ”data protection”; ”arbitrability”; ”technical and organizational measures”; ”ICCA-IBA Roadmap to Data Protection”;

Summary/Abstract: Commercial arbitration and personal data protection is an aspect of the theoretical dispute regarding interference of public law norms in private law or vice versa, sometimes the qualification of influence depending on the branch from which the regulation is analyzed. Rethinking data protection in the European Union has a significant impact on commercial arbitration. In the first part of the article we note the role of data protection rules in arbitration. For the arbitral tribunal, data protection is a public law obligation, which joins its own confidentiality. First of all, it is significant for disclosing the obligations of arbitral tribunals regarding the protection of personal data, for the establishment of technical and organizational measures. Recent documents are analyzed, such as the ICCA-IBA Roadmap to Data Protection in International Arbitration. In the second part, we consider elements of cyber security specific to commercial arbitration. In the third part of the article, we note the role of arbitration in resolving disputes in the field of personal data protection.

  • Issue Year: 2021
  • Issue No: 3
  • Page Range: 81-92
  • Page Count: 12
  • Language: Romanian
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