Citation Edit

OECD, Directorate for Science, Technology and Industry, Committee for Information, Computer and Communications Policy, Transborder Data Flows Contracts in the Wider Framework of Mechanisms for Privacy Protection on Global Networks (2000) (full-text).

Overview Edit

This report builds on the commitment of the OECD Member countries at the 1998 Ottawa Conference "A Borderless World: Realising the Potential of Global Electronic Commerce," to encourage the use, and development, of model contractual solutions for online transborder data flows, and to ensure that effective enforcement mechanisms are available both to address non-compliance with privacy principles and policies and to ensure access to redress.

The report discusses the use of transborder data flow (TBDF) contractual solutions in the wider framework of mechanisms for privacy protection, and recognizes the changing environment for TBDF and the impact of the global information infrastructure (GII) on the processing and transmission of personal data. It examines the two main categories of transborder data flows; business-to-business (or B2B), and consumer-to-business (or C2B), and highlights the issues raised by applying contractual analysis and structures to online communications, in particular to C2B communications. The report also stresses the need for developing tailored dispute resolution mechanisms for C2B online interactions. Where appropriate, the report suggests possible further initiatives to foster the widespread use of contractual privacy solutions for TBDF in online communications.

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