“Confidentiality and data protection are distinct legal obligations but often intersect in online arbitration. For example, where there is an obligation of confidentiality, measures taken to secure data protection may be used as evidence of compliance should there be an assertion that there has been a breach of confidentiality. Yet, the fact that data protection measures have been implemented does not automatically mean that a breach of confidentiality has not taken place. There are data protection obligations that far exceed the requirements of confidentiality or, indeed, conflict with that obligation. This is because confidentiality could be achieved provided information has been kept confidential; whereas data protection has two strands of obligations, those that seek to protect personal data and those that seek to provide access and control over data …”
€ (Westlaw)
Mo Egan and Hong-Lin Yu, ‘Intersecting and dissecting confidentiality and data protection in online arbitration’ [2022] 2 Journal of Business Law 135-163.
First posted 2022-02-11 13:00:18
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