Choice of law for data in the international context

The Sedona Conference Commentary and Principles on Jurisdictional Conflicts Over Transfers of Personal Data Across Borders will be published for public comment in advance of the International Programme. This Commentary builds on the historic principles of “choice of law” and “law of the sea,” which resulted in treaties and norms of international commerce in the 19th and 20th centuries. The Commentary proposes extension of well-established principles of international law to the field of cross-border transfers of personal data. Through the use of a number of hypothetical scenarios, the panel will utilize the six basic Principles and related analysis, and lead a dialogue with the Programme attendees to ensure that the final publication incorporates consideration of the legal culture and practical realities of digital commerce in the APAC region.