Data Sovereignty

Definition

The concept that data is subject to the laws and governance structures of the country where it is located or where the data subject resides. Data sovereignty recognizes that governments have legitimate interests in regulating data within their borders and protecting their citizens' information. This principle underlies data localization laws, restrictions on cross-border transfers, and conflicts between different jurisdictions' legal requirements. Data sovereignty creates challenges for global businesses and cloud computing, as data may be subject to multiple potentially conflicting legal regimes. Organizations must navigate data sovereignty by understanding which jurisdictions claim authority over their data, implementing technical and organizational measures to comply with relevant laws, documenting data locations and flows, and addressing jurisdictional conflicts. The tension between data sovereignty and free data flows remains a central issue in international privacy regulation.

Applicable Laws & Regulations

  1. 1GDPR Article 3 - Territorial scope reflecting sovereignty principles
  2. 2Various national data localization laws - Sovereignty assertions
  3. 3International law principles regarding territorial jurisdiction

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