Coherence and Inconsistency in Privacy Laws

Globalization has brought an unprecedented increase in exchanges of data both inside and outside the European Union. Personal data have become major intangible assets for companies, however small or large, and are instrumental in maintaining corporate sustainability. Yet there is no precise legal definition of what constitutes a data flow. Regulations vary widely outside the EU, and residual differences even within it mean that flows cannot be treated with maximum legal security. This paper suggests how laws on personal data could be remodelled to cope with globalization, in particular to: - Tailor regulations to the size of the company (small, medium, large). - Give DPOs (data protection officers) greater powers over data flows. - Establish clearer rules for all companies, including SMEs, and streamline procedures.