University of Miami International and Comparative Law Review


This Note analyzes the data privacy protection initiatives implemented by the European Union and the United States and their effects on international trade. As technology develops, the feasibility of data collection increases, allowing for the collecting of inconceivable amounts of data information. Consequently, this data includes personal information, thus implicating privacy concerns and the need for data privacy protection regulations. Data privacy focuses on the use and governance of personal data and how the data is gathered, collected, and stored. In 2018, the European Union enacted the General Data Protection Regulation (GDPR), which sets out highly stringent standards for how organizations conducting business with European Union citizens may handle their data. While the United States lacks an all-encompassing data-protection law similar to the GDPR, the likelihood of federal implementation of such regulation is growing. Due to the tech industry’s exponential growth, data privacy regulations have had trouble keeping pace. Nevertheless, data privacy protection is more necessary than ever. The discrepancies in data privacy regulations gravely affect international business relationships governed by the different regulations. This Note discusses the affects, benefits, and possible solutions to these issues.