Open Access Research Article
EVALUATING CHALLENGES IN PROTECTION OF DIGITAL TRADE AND TRANSACTIONS THROUGH CYBERSPACE IN PERSPECTIVE OF PRIVATE INTERNATIONAL LAW BY: SHUBHAM DIWATE
Published Paper
Article Details
EVALUATING CHALLENGES IN PROTECTION OF DIGITAL TRADE
AND TRANSACTIONS THROUGH
CYBERSPACE IN PERSPECTIVE OF PRIVATE INTERNATIONAL LAW
IILM
University, Gurugram
Abstract:
In today’s globalizing cyber world, while creating and
executing activities related
to trade on international scale one needs to understand challenges in order to protect trade and transactions through
cyberspace is need of hour. Through
this paper ideal challenges of protecting Digital Trade and Transactions will be highlighted with
probable solutions. While dealing with Internationally,
information about transactions resides in fragmented pockets within business and government systems.
The lack of safety, security,
jurisdictional issues, compliance, transaction monitoring and commercial
risks are the major concerns.
This research paper will give you that analytical understanding and best possible solutions
of real-time challenges which we face during transactional activities.
Keywords: Digital Trade,
Cyberspace, Information Technology, International Trade, Globalization, Compliance, Monitoring.
Introduction:
This paper contributes knowledge about understanding
challenges in protection of Digital Trade and
Transactions through Cyberspace alongwith it’s evaluation. The rapid expansion
of digital technologies and the
internet has revolutionized global commerce, giving rise to a new era of digital trade and transactions. This
transformation has brought unprecedented opportunities for businesses and consumers alike, enabling
seamless cross-border transactions and fostering global economic integration. The borderless nature of cyberspace has also presented
significant challenges to the traditional frameworks of Private
International Law, which have historically been grounded in territorial
jurisdiction and state sovereignty.
As the digital economy continues to grow, it becomes
increasingly crucial to address the legal complexities arising
from cross-border electronic commerce, data flows, and digital services. The intersection of
cyberspace and Private International Law raises fundamental questions about jurisdiction, applicable law, and the
enforcement of judgments in a virtual environment that often defies geographical boundaries. This
research paper aims to evaluate the key challenges in protecting digital trade and transactions through cyberspace
from the perspective of Private International Law.
Let us understand, Cyberspace, Digital trade
and transactions:
Cyberspace refers to the
virtual, interconnected environment created by computer networks, particularly the internet. This digital
realm facilitates electronic communication, information exchange, and online interactions on a global scale. It
enables instant connectivity, allowing people to communicate, share data, conduct
business, and form virtual communities irrespective of physical
location. As technology advances, cyberspace continues
to expand, bringing new
opportunities and challenges in areas such as e-commerce, cloud computing, and cybersecurity.[2]
Digital trade and transactions refer to the exchange of goods, services, and financial assets through
electronic means, primarily over the internet
and other digital
networks. This modern
form of commerce encompasses a wide range of activities, including
e-commerce, online banking, digital
content streaming, and cross-border data flows. It has revolutionized traditional business models, enabling companies to reach global
markets more easily and consumers to
access a broader range of products and services. Digital trade has
significantly reduced transaction costs, increased market
efficiency, and fostered
innovation across various
sectors. However, it also presents challenges related to cybersecurity,
data privacy, and regulatory frameworks across different jurisdictions.[3]
The protection of digital trade and transactions in
cyberspace faces numerous challenges due to the complex
and evolving nature
of the digital ecosystem. Key issues include
cybersecurity threats, such
as data breaches, identity theft, and financial fraud, which can undermine
trust in digital platforms and cause
significant economic losses. The global nature of cyberspace complicates legal and regulatory
frameworks, as different jurisdictions may have conflicting laws regarding data protection,
intellectual property rights, and cross-border transactions. Additionally, the rapid pace of technological innovation often outstrips
the ability of regulatory
bodies to develop appropriate governance structures. Privacy concerns and the ethical use of personal data present
ongoing challenges, particularly as artificial intelligence and big data analytics become
more prevalent in digital trade.
Furthermore, the digital divide
between developed and developing countries can lead to unequal
participation in the global digital economy,
raising issues of fairness and inclusivity.[4]
Problem Statement:
Need of Evaluating Challenges related to Digital Trade and Transactions:
Ø
What are the key challenges in
applying Private International Law principles to protect digital trade
and transactions in cyberspace, and how can these challenges be addressed to ensure effective legal protection across jurisdictions?
A. How
do jurisdictional issues in cyberspace impact the enforcement of digital trade contracts
under Private International Law?
B. What are the primary
obstacles in harmonizing data protection laws for cross-border digital transactions, and how can Private International Law
principles be adapted to address these challenges?
C. To what extent can existing Private
International Law frameworks adequately protect
parties involved in digital trade, and what reforms are necessary to address emerging
cybersecurity threats?
Methodology:
Given the nascent stage of knowledge on Cyberspace,
through this paper have approached my research
objective using a method similar to analytic
induction[5]. Analytical Induction starts deductively,
within the formulation of a guiding framework that is empirically validated and extended by an analysis of case data. In
this study, I have analyzed three aspects of Digital World which have international significance
(Digital Trade, Transactions and Cyberspace) as a general theoretical framework for analyzing cases
from eyes of Private International Law to establish the relevant evaluations.
A.
Jurisdiction Issues
in Cyberspace
The borderless nature of the internet often makes it
difficult to determine which court has the
authority to hear a case, as parties, servers, and transactions may span
multiple countries. This uncertainty can lead to conflicts of laws, where
different jurisdictions have contradictory
regulations regarding digital trade, further complicating the resolution of disputes. The global reach of cyberspace also enables "forum shopping," where parties
may seek to litigate in
jurisdictions most favorable to their case, potentially leading to unfair advantages. Even when a court claims
jurisdiction and renders a judgment, enforcing that decision in another
country where the defendant's assets
are located can be problematic, as demonstrated in cases like Google LLC v. Equustek
Solutions Inc[6]. The rise of digital
assets and online dispute resolution mechanisms further challenges traditional notions of jurisdiction.
The basic problems of jurisdiction in international laws
and domestic laws because of it’s de-territorial
nature. As a result, courts and legislators worldwide are grappling with the need to adapt existing legal principles or
develop new approaches to establish clear, fair, and enforceable jurisdictional rules in cyberspace, balancing the interests
of state sovereignty, individual rights, and the
need for a predictable legal environment for digital trade and commerce.
B.
Primary Obstacles
for cross-border transactions
Legal and regulatory
institutions encounters a significant challenge, as different countries
and regions have diverse approaches
to data protection, privacy, and digital transactions, creating a lack of uniformity that complicates cross-border data
flows. Differing cultural and
societal values regarding privacy and the balance between individual rights and
state interests make it difficult to
establish universally accepted standards. The rapid pace of technological advancements often
outstrips the ability of legal frameworks to adapt, creating regulatory gaps. Data localization
requirements in some countries, mandating certain
types of data be stored within their borders, can conflict with the global
nature of digital transactions.
Private International Law principles can be adapted to
address the challenges of data protection
laws for cross-border digital transactions in several ways. First, developing flexible conflict-of-laws rules that
account for the dynamic nature of digital transactions can help determine applicable law based on factors like the
location of data subjects, controllers, and processing activities. Enhancing international cooperation mechanisms for cross-border collaboration among data
protection authorities can facilitate information sharing and joint investigations. Establishing global data protection standards can serve
as a baseline for national
laws while allowing
for regional variations. Encouraging the use of contractual choice-of-law provisions can
provide clarity in governing law and jurisdiction for data protection matters. Creating specialized international dispute resolution mechanisms, such as arbitration or mediation processes, can
address data protection and digital
transaction disputes more effectively. Promoting regulatory convergence through dialogue and cooperation among lawmakers
and regulators can help align data protection
approaches and reduce conflicts between
legal systems. Adopting
technology-neutral legal principles that focus on outcomes and
protections rather than specific technologies can provide greater flexibility as technology evolves.
Finally, incorporating data protection by design
principles into the development of digital services and technologies can reduce
the need for complex legal interventions and promote a more proactive approach to addressing cross-border data
protection challenges.
C.
Reforms to address cybersecurity threats
The frameworks' effectiveness is limited when dealing with emerging cybersecurity threats, as these
often exploit the gaps between
national legal systems
and the global
nature of the internet. To address these
shortcomings, several reforms
are necessary. First, there's a need for updated and harmonized rules on jurisdiction and applicable law that specifically account for digital contexts, including cloud computing and
decentralized technologies. Second, mechanisms for rapid and efficient cross-border enforcement of judgments
related to cybersecurity
breaches must be strengthened. Third, the development of international standards for cybersecurity measures in
digital trade should be prioritized to ensure a baseline of protection across jurisdictions. Fourth, legal
frameworks need to incorporate more
flexible and adaptive approaches to keep pace with evolving cyber threats,
possibly through the use of
principles-based regulation rather than prescriptive rules. Finally, enhanced
international cooperation in investigation and prosecution of cybercrime is mcrucial, including improved information sharing protocols and mutual legal assistance treaties tailored to the digital age.
Literature Review:
Review No. 01:
Title of the Paper: How Digital
Trade is Transforming Globalization Name of the Author: Susan Lund and James Manyika
Month and Year of Publication: January
2016
Name of the Publisher: International Centre
for Trade and Sustainable Development (ICTSD) and World
Economic Forum
Summary: The spread of
digital technologies is transforming global flows of goods, services, money, and people. Digital trade
represents an important, albeit hard-to-measure, component of these global flows. As digital trade grows,
develops, and assumes new forms, it
is both facilitating globalization and transforming it. This paper examines three ways this transformation process is
taking place: through cross-border flows of purely digital
goods; by using
“digital wrappers” to enable physical
flows of goods,
an essential component of the
“Internet of Things”; and through the creation of online platforms for production, exchange, and consumption. Large and
small companies, as well as
individual entrepreneurs and consumers, in both developed economies and the emerging world will be increasingly
affected by these developments, which constitute both an opportunity and a competitive challenge. For
governments and policymakers, the
rapid transformation of digital trade raises important issues that will need to
be addressed, including lingering barriers
to its growth, appropriate ways of measuring
it, and questions about governance and data security.
Review No. 02:
Title of the Paper: Digital Trade: Developing A Framework for Analysis Name
of the Author: Javier López
González Marie-Agnes Jouanjean Month and Year of Publication: July 2017
Name of the Publisher: OECD Trade
Policy Papers No. 205
Summary: This paper
explores the definition, measurement, and policy implications of digital trade, proposing a tentative typology of
digital trade that can be used to unpack transactions
and analyse the issues. Digitalisation is changing what and how we trade: from digital delivery to greater
physical trade enabled by digital connectivity. Online platforms mean more small packages
crossing borders, while
new technologies are changing how services are produced
and delivered. Underpinning digital trade is the movement of data: data is a means of production, an asset that can itself be traded,
and the means through which
some services are traded and GVCs are organized. While there is no single definition of digital trade, there is a
growing consensus that it encompasses digitally
enabled transactions in trade in goods and services which can be either
digitally or physically delivered involving consumers, firms and governments. Unpacking trade transactions along these
lines using a tentative typology can help in
understanding and identifying issues. For example, measuring digital trade poses challenges ranging from identifying transactions that are digitally enabled to the sectoral
classification of services in a transaction, and efforts are underway to better reflect
digital trade in trade statistics. For trade policy,
the increased bundling
of goods and services raises issues about which
trade rules (GATT or GATS) apply; trade facilitation is ever more critical for just-in-time delivery
and GVCs; and the role of data flows
in enabling digital trade may require further attention, along with how to
ensure that the gains from digital trade are inclusive, within
and across countries.
Review No. 03:
Title of the Paper: A Systematic Framework to Understand Transnational Governance for Cybersecurity Risks from Digital Trade
Name of the Author: Keman
Huang (Renmin University of China and MIT); Stuart Madnick (Nazli Choucri MIT); Fang Zhang (Tsinghua University, and Harvard
University)
Month and Year of Publication: January
2021 Name of the Publisher: Wiley
Summary: Governing
cybersecurity risks from digital trade is a growing responsibility for governments and corporations. This study develops
a systematic framework
to delineate and analyze the
strategies that governments and corporations take to address cybersecurity risks from digital trade.
It maps out the current landscape based on a
collection of cases where governments and corporations interact
to govern transnational cybersecurity risks. This study reveals
that: first, governing cybersecurity risks from digital trade
is a global issue whereby
most governments implement
policies with concerning that the cybersecurity risks embedded with in purchasing transnational digital
products can influence their domestic political and societal systems. Second, governments dominate the governance
interactions by implementing trade policies whereas
corporations simply comply. Corporations do, however, have chances to take more active roles in constructing the governance system.
Third, supply chain cybersecurity risks have more significant impacts
on governance mode between governments and corporations where as
concerns on different national cybersecurity
risks do not. Fourth, the interactions between
governments and corporations reveal the existence
of loops that can amplify or reduce cybersecurity risks. This provides policy implications on transnational cyber security governance for policymakers and business leaders to consider their potential
options and understand the global digital trade environment when cybersecurity and digital trade overlap.
Review No. 04:
Title of the Paper: Defining Cybersecurity Law
Name of the Author: Jeff Kosseff (Assistant Professor of
Cybersecurity Law, United States Naval Academy. J.D., Georgetown University Law Center; M.P.P.,
B.A., University of Michigan).
Name of the Publisher: Iowa Law Review
Summary: This Article
aims to fill that gap by defining “cybersecurity law.” Although many articles have addressed various aspects of
cybersecurity, none has stepped back to define exactly
what “cybersecurity” is and the goals of statutes and regulations that aim to promote cybersecurity. By defining the
scope and goals of this new legal field, policymakers can then examine
how lawmakers could improve existing
laws. Part II of this Article briefly describes the
cybersecurity challenges that the United States faces by examining the cyberattack on Sony Pictures
Entertainment. Part III defines “cybersecurity law” as a legal framework
that “promotes the confidentiality, integrity,
and availability of public and private information, systems, and
networks, through the use of forward-looking regulations and incentives, with the goal of protecting individual rights and privacy, economic interests, and national security.” Part IV explains
the current legal regime for cybersecurity and concludes that many of the most prominent cybersecurity laws only address
a small portion of the broader legal framework.
Part V examines the gaps in current U.S. cybersecurity law and suggests starting
points for improvements.
Review No. 05:
Title of the Paper: Cybersecurity Issues
and Challenges: In Brief
Name of the Author: Eric A. Fischer Senior Specialist in Science and Technology Month and Year of Publication: August 12, 2016
Name of the Publisher: Congressional Research
Service
Summary: The federal role
in cybersecurity involves both securing federal systems and assisting in protecting nonfederal systems. Under current
law, all federal
agencies have cybersecurity responsibilities relating to
their own systems, and many have sector- specific responsibilities for CI. On average, federal
agencies spend more than 10% of
their annual ICT budgets on cybersecurity. More than 50 statutes address
various aspects of cybersecurity.
Five bills enacted in the 113th Congress and another in the 114th address the security of federal ICT
and U.S. CI, the federal cybersecurity workforce,
cybersecurity research and development, information sharing in both the public and private sectors, and
international aspects of cybersecurity. Other bills considered by Congress have addressed a range of additional issues,
including data breach prevention and
response, cybercrime and law enforcement, and the Internet of Things, among others. Among actions taken
by the Obama Administration during the 114th
Congress are promotion and expansion of nonfederal information sharing and analysis organizations; announcement of an
action plan to improve cybersecurity nationwide;
proposed increases in cybersecurity funding for federal agencies of more than 30%, including establishment of a
revolving fund for modernizing federal ICT; and a directive laying
out how the federal government will respond to both government and private-sector cybersecurity incidents. Those recent
legislative and executive- branch actions
are largely designed
to address several
well-established needs in cybersecurity. However,
those needs exist in the context of difficult long-term
challenges relating to design, incentives, consensus, and environment.
Legislation and executive actions
in the 114th and future
Congresses could have significant impacts
on those challenges.
Challenges In Protecting Digital
Trade And Transactions
Through Cyberspace:
The relationship between
cyberspace and private
international law is complex and evolving, as the borderless nature of the digital realm
challenges traditional notions of jurisdiction and applicable law.
“Private international law,
also known as conflict of laws, deals with legal disputes involving foreign
elements, and its principles are increasingly tested
in the context of cyberspace.”
The internet's global reach often results in
cross-border transactions, interactions, and disputes, raising questions about which country's laws apply and which
courts have jurisdiction. This intersection
creates challenges in areas such as e-commerce, intellectual property rights,
data protection, and online
defamation. Courts and legislators worldwide are grappling with adapting existing
legal frameworks or developing new ones to address issues like online consumer protection, digital contracts, and cybercrime
that transcend national boundaries. The ongoing debate centers on balancing the need for legal certainty and
predictability with the dynamic and transnational nature
of cyberspace activities, often leading to complex legal
analyses and potential
conflicts between different legal systems.
Challenges in protecting digital trade and transactions
through cyberspace are numerous and complex,
stemming from the rapidly evolving nature of technology and the global scale of
digital commerce. These challenges include:
1. Cybersecurity Threats:
The increasing sophistication of cyberattacks, including data breaches, ransomware, and financial
fraud, poses significant risks to digital trade (Verizon, 2021).
2. Regulatory Fragmentation:
Inconsistent legal frameworks across jurisdictions create
compliance challenges for
businesses operating globally
(OECD, 2019).
3. Data privacy Concerns:
Balancing data protection with the free flow of information necessary
for digital trade is an ongoing challenge (Aaronson &
Leblond, 2018).
4. Cross-border Enforcement:
Difficulties in enforcing laws and regulations across national boundaries complicate efforts to combat
cybercrime (UNODC, 2020).
5. Technological Complexity:
Rapid advancements in technology, such as AI and IoT, create new vulnerabilities and challenges for security measures
(World Economic Forum, 2020).
6. Digital divide:
Inequalities in access to digital
infrastructure and skills
hinder inclusive participation in the digital economy (ITU,
2021).
7. Intellectual Property Protection:
Safeguarding intellectual property rights in the digital realm remains a significant challenge (WIPO, 2020).
8. Trust and Authentication:
Ensuring secure and reliable authentication methods for digital transactions is crucial but challenging (Deloitte, 2019).
9. Emerging Technologies:
The integration of blockchain, quantum computing, and other emerging technologies introduces new security
paradigms and potential
vulnerabilities (IEEE, 2020).
10. State-sponsored Cyber Activities:
Geopolitical tensions manifesting in cyberspace can disrupt digital trade and compromise security (CSIS,
2021).
*Please check References mentioned in Appendix A.
·
Here's a list of challenges in the protection of digital trade and transactions through cyberspace:
|
Cybersecurity Threats
|
a)
Data breaches
b)
Ransomware attacks
c)
Phishing scams
d)
Malware infections
e)
Distributed Denial
of Service (DDoS)
attacks
|
|
Regulatory Fragmentation
|
f)
Inconsistent legal
frameworks across jurisdictions
g)
Varying data protection regulations
|
|
|
h)
h. Conflicting national cybersecurity standards
|
|
Data Privacy Concerns
|
i)
Balancing data protection with
free information flow
j)
Compliance with diverse privacy laws (e.g., GDPR,
CCPA)
k)
Cross-border data transfer restrictions
|
|
Cross-border Enforcement
|
l)
Jurisdictional issues in
cybercrime prosecution
m)
Difficulty in enforcing judgments internationally
n)
Lack of harmonized international cybercrime laws
|
|
Technological Complexity
|
o)
Rapid evolution of technology outpacing security measures
p)
Integration
of AI and machine learning
in cyber attacks
q)
Vulnerabilities in Internet of Things (IoT)
devices
|
|
State-sponsored Cyber Activities
|
r)
Cyber espionage targeting trade
secrets
s)
State-backed cyber attacks on critical infrastructure
t)
Geopolitical tensions
u)
manifesting in cyberspace
|
Case Laws:
October 2023, there have been several key developments
and cases in the realm of digital trade and transactions from a private
international law perspective. It's important to note that jurisdictional issues and the enforcement of laws in cyberspace often present complex
challenges. These cases
highlight various challenges in protecting digital
trade and transactions:
1. Data Privacy and GDPR Compliance:
The General Data Protection Regulation (GDPR) has had a
significant impact on international digital trade, particularly due to
cross-border data transfer
restrictions. Cases like Schrems II have
implications for businesses globally regarding data transfer mechanisms.[7] It raised concerns about the level of protection
for personal data transferred from the EU to the US. While focused on EU-US transfers,
the decision affects
any country receiving
EU data that doesn't meet GDPR-level protection.
2.
Jurisdictional
Challenges: Courts have dealt with the complexities of
jurisdiction in cyberspace, focusing
on where digital transactions are deemed to occur and which laws apply. The case of Google LLC v. Equustek Solutions Inc[8]. in Canada
highlighted issues around global enforcement of court orders
in the digital realm.
3.
E-commerce
and Consumer Protection: EU regulations have strengthened
consumer rights in digital
transactions, leading to case law that ensures consumer protection within international online marketplaces.
4.
Blockchain and Cryptocurrency Disputes: Courts
in several jurisdictions have begun to tackle
issues related to blockchain transactions, which are inherently transnational.
These cases often address both jurisdiction and the recognition of digital assets
as property.
5.
Domain Name Disputes: The Uniform Domain-Name Dispute-Resolution Policy (UDRP) remains a
pivotal mechanism for resolving international disputes over domain names, illustrating the application of international
principles to digital spaces.
Recent Developments:
There have been significant developments in
international law, cybersecurity regulations, and digital trade agreements, reflecting the rapid evolution of
digital technologies and the increasing importance of cybersecurity. Here's
an overview of some key trends and developments:
·
International
Law Trends: The Tallinn Manual on the International Law
Applicable to Cyber Warfare
are being updated to address cyber operations. The invalidation of the
EU-U.S. Privacy Shield and the enactment of the
EU-U.S. Data Privacy Framework reflect continued efforts
to balance cross-border data flows with
privacy protections.
·
Cybersecurity Trends: Many countries have updated or introduced comprehensive national cybersecurity strategies to address emerging
threats, focusing on critical infrastructure protection and information sharing. The United Nations’ Open-ended Working Group (OEWG) and the Group of Governmental Experts
(GGE) continue fostering international dialogue on norms
and confidence-building measures
in cyberspace.
·
Digital
Data Trade Agreements: The World Trade Organization
continues negotiations on e-commerce, aiming to establish global rules governing digital trade, which include data flow
facilitation and addressing barriers to digital goods and services. Initiatives
like the Digital Economy Partnership
Agreement (DEPA) between countries such as Chile, New Zealand, and Singapore are designed to promote digital
trade standards and cooperation on issues like AI
and digital identities.
·
Balancing
Security and Innovation: Policymakers strive to foster
innovation while ensuring
robust cybersecurity frameworks, seeking to protect
economies and societies from increasing
cyber threats.
·
Privacy
and Data Sovereignty: Stricter data protection laws and
emerging frameworks aim to safeguard personal
data, reflecting growing
public concern over privacy.
·
Digital
Inclusion: Ensuring equitable access to digital technologies
remains a priority for sustainable
development, requiring international cooperation and investment in digital infrastructure.
Conclusions:
As this analysis has shown, issues of jurisdiction,
applicable law, and enforcement of judgments
become increasingly complex
in the borderless realm of the internet.
While existing legal frameworks
struggle to keep pace with technological advancements, it is clear that a
harmonized approach to private international law is crucial
for ensuring the protection of digital trade.
Moving forward, international
cooperation and the development of uniform standards will be essential in addressing these challenges effectively.
Policymakers and legal scholars must continue to adapt and innovate to create a robust legal environment that fosters
trust, security, and growth in the digital economy
while respecting the principles of sovereignty and fairness in cross-border disputes.
The lack of safety, security,
jurisdictional issues, compliance, transaction monitoring and commercial
risks are the major concerns. The rapid expansion of digital technologies and
the internet has revolutionized global commerce, giving rise to a new era of digital trade and transactions. The rise of digital assets
and online dispute
resolution mechanisms further
challenges traditional notions
of jurisdiction. Promoting
regulatory convergence through
dialogue and cooperation among
lawmakers and regulators can help align
data protection approaches and reduce conflicts between legal systems.
All research has limitations, so also my work. Most
importantly, this research paper highlighted
prominent challenges against protection of digital trade and transactions through cyberspace.
Appendix A
References
1. Aaronson,
S. A., & Leblond, P. (2018). Another Digital Divide: The Rise of Data
Realms and its Implications for the WTO. Journal of International Economic
Law, 21(2), 245-272.
2. CSIS. (2021).
Significant Cyber Incidents. Center for Strategic and International Studies.
3. Deloitte. (2019).
The future of authentication in financial services.
4. IEEE. (2020).
IEEE International Conference on Quantum Computing and Engineering (QCE).
5. ITU. (2021).
Measuring digital development: Facts and figures
2021. International Telecommunication Union.
6. OECD. (2019).
Trade in the Digital Era. OECD Going Digital Policy
Note.
7. UNODC. (2020). Comprehensive Study on Cybercrime. United Nations Office on Drugs and
Crime.
8. Verizon. (2021).
2021 Data Breach
Investigations Report.
9. WIPO. (2020).
World Intellectual Property
Report 2020: Innovation in the Digital
Era. World Intellectual Property Organization.
10. World Economic
Forum. (2020). The Global Risks Report 2020.
Appendix B
Bibliography
1.
Anwarul Yaquin, Legal Research
and Writing Methods,
Lexis Nexis
2.
Aaronson, S. A., & Leblond, P.
(2018). Another Digital Divide: The Rise of Data Realms and its Implications for the WTO. Journal of International Economic
Law, 21(2), 245-272.
[1] The author is Researcher
Student of Master of Laws in Department of Law, IILM University Gurugram.
[2] Gibson, 1984; Benedikt,
1991; Dodge & Kitchin, 2001.
[4] UNCTAD, 2021; Meltzer, 2019;
OECD, 2020
[7] Data Protection Commissioner
v. Facebook Ireland Limited, Maximillian Schrems (Schrems II) (2020, EU)
[8] Google LLC v. Equustek Solutions
Inc. (2017, Supreme Court of Canada)
Article Information
EVALUATING CHALLENGES IN PROTECTION OF DIGITAL TRADE AND TRANSACTIONS THROUGH CYBERSPACE IN PERSPECTIVE OF PRIVATE INTERNATIONAL LAW BY: SHUBHAM DIWATE
Authors: SHUBHAM DIWATE
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/12/14
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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