Party Autonomy in Determining the Law Applicable to Non-contractual Obligations concerning Cross-Border Data Transfers
(1)Cross-border data transfers have become a matter of daily occurrence against the backdrop of the development of cloud computing and artificial intelligence. Consequently, where a data leak gives rise to civil liability, the determination of that liability inevitably assumes an international dimension involving foreign elements. (2)As is starkly demonstrated by secret sharing technology in cloud computing, fragments of data may be presumed to be distributed across multiple jurisdictions on a global scale. This renders traditional private international law measures -- predicated on the identification of a physical location -- inadequate for the purposes of determining the applicable law,...
| Authors | Yuki Okamura, Ren Yatsunami, Kumiko Kameishi et al. |
|---|---|
| Primary category | cs.CY |
| Published | 20 April 2026 |
| Last updated at source | 20 April 2026 |
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