Tuesday, May 4, 2021
Introduction
In today’s digital society, accelerated by the COVID-19 pandemic, data protection laws have become increasingly common, complex and wide-ranging. Given the high speed at which these laws are being introduced and evolve, arbitral participants’ knowledge about their data protection obligations, and the serious penalties they risk for failure to comply
[1], is seldom exhaustive and up-to-date.
Several of the major arbitral rules and guidance have been updated in the last two years and now include a general requirement for tribunals and parties to consult and address data protection issues early on during an arbitration
[2].
Participants”)
[3] have numerous data protection obligations, which may compete and overlap, creating a complex compliance framework, especially in disputes that typically involve a significant amount of personal data, such as large-scale construction, technology and digital information disputes.