Business-to-business data sharing : South African and European Union legal constructs

Abstract

This dissertation reviews how the legal frameworks in South Africa and the European Union facilitate business-to-business data exchange while safeguarding information rights and how they align or differ. Chapter 1 examines how the current era commodifies personal and nonpersonal data, with Big Data notably impacting privacy norms and posing significant privacy challenges. Chapter 2 delves into the SA’s approach to using personal and non-personal information. SA has implemented the Protection of Personal Information Act, which imposes specific processing conditions for accountability and security and gives individuals rights over their data. The chapter concludes by examining the safeguarding of non-personal information and the importance of intellectual property rights. Chapter 3 analyses the similarities and differences between the Protection of Personal Information Act and the European Union’s General Data Protection Regulation. The chapter also examines the European Union's approach to protecting non-personal data, specifically their data strategy’s current legislative program. Chapter 4 assesses the sharing of business-to-business data between South Africa and the European Union. It looks into the contractual aspects of data sharing in the European Union, the role of Standard Contractual Clauses in international data transfers and the legal compliance required, especially for high-risk processing. Finally, the chapter concludes with recommendations for further research and policy changes that could enhance the efficacy of data sharing.