Conference: Regulating International Transfers of Data
Time: 7. April 2016, 08:30 - 19:00 Uhr
Place: PRO IURE Auditorium, Law Faculty, University of Basel, Peter Merian-Weg 8, 4002 Basel
Data is the foundation of the Digital Age. Referring simply to information or facts, the term “data” has historically been considered as something collected, analyzed and systematized by scientists. Today, computerization has succeeded in exponentially multiplying the amounts of data collected and systematized, while simultaneously lowering the financial and temporal cost of its analysis. More importantly still, technologies available today generate data from data, purposefully or not.
With the amount of transboundary data exchange close to one petabyte per minute, it is clear that cross-border data transfer is a major fact of contemporary life. Yet concerns with what types of data are being transferred, to whom, and for what purposes the data is being (or could be) used has stimulated a popular debate about the unimpeded flow of information. When restrictions on data transfer are proposed, questions of how to ensure privacy conflict with questions of how to protect economic growth and national security.
Legal regulation of data is struggling to catch up with the technical developments of the digital world. Today, both policymakers and the legal community are faced with a pressing need to reassess cross-cutting questions of whether, when, to what extent, and how data transfer between (and among) countries should be limited or liberalized.
To begin the conversation on how to regulate international trade in data, this conference will gather national and international experts from academia, practice, and government to explain and debate some of today’s most pressing legal questions, from e-commerce, competition law, exchanges of tax information, national security, and privacy interests, the speakers will explain and analyze the latest concerns and regulatory efforts being made to control and direct data flows. An expert roundtable will then examine these issues in light of international trade and investment rules – seeking to find where the WTO, regional trade agreements, and the rules of international investment treaties may limit states’ moves to restrict data transfers. A keynote speech by one of the world’s foremost international criminal law practitioners and the International Bar Association Working Group leader on Cybersecurity will round out the day.
This event is open to the public at a fee of 90CHF for the day, including two coffee breaks and an apéro following the conference closing. Due to the limited availability of space, we may only accept the registration of the first 100 persons. If you would like to attend, please send a message by March 25, 2016 to: office-nadakavukaren-ius at unibas.ch
|08:30 - 09:00|
Introduction: Data as a Good? a Service? Property? a Resource? Which Legal Rules Might Apply?
Krista Nadakavukaren Schefer, University of Basel; Franz Werro, University of Fribourg; Georgetown University Law Center
|09:00 - 10:30|
Regulating the international transfer of data to protect markets
Moderator: Constanze Semmelmann, Swiss Federal Institute for Intellectual Property
Mira Burri, World Trade Institute (e-commerce); Marek Martyniszyn, University of Belfast Law School (competition law)
Comment from Practice: Sean Doherty, WEF
|11:00 - 12:30|
Regulating the international transfer of data to protect states
Moderator: Sabine Gless, University of Basel
Allison Christians, McGill University Law School (international tax law); Reto Müller, University of Basel (exchanges of national intelligence)
Comment from Practice: David Rosenthal, Homburger
|14:00 - 15:45|
Regulating the international transfer of data to protect privacy
Moderator: Wakako Oshima, Nokia
Rolf H. Weber, University of Zürich (EU law and US approaches); Malavika Jayaram, Harvard University Berkman Center (Asia/APEC regulations); Alessandro Mantelero, Torino Polytechnic (Big Data and the Regulation of Privacy)
Comment from Practice: Alan Cleis, Deloitte
|16:15 - 18:00|
International Economic Law Roundtable: Data, WTO Law, and Investment Law
Lee Tuthill (WTO); Andrew Lang (LSE); Henri Culot (Strelia/Univ. Louvain); Jonathan Gass; Andrew Mitchell (Univ. Melbourne); Jarrod Hepburn (Univ. Melbourne); Nadia Darwazeh (Curtis Mallet-Provost, Colt & Mosle)
|18:15 - 19:00|
|Keynote Presentation: Monty Raphael (QC), Peters & Peters|
|Open Discussion (All participants)|