DATA PROTECTION IN ARBITRATION – WHY BOTHER?
All around the globe data protection laws are getting tighter and imposing stricter requirements on companies and institutions. Whereas public attention often focuses on large data scandals, it should not be forgotten that data protection also needs to be considered in the most prominent commercial international dispute resolution mechanism: arbitration.
Arbitral proceedings are not generally exempted from leading data protection regulations such as the General Data Protection Regulation (GDPR), although some might wish that was the case. Major arbitral institutions like the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA), the German Institution of Arbitration (DIS) and the Vienna International Arbitral Centre (VIAC) have put data protection on their agendas and data protection considerations are reflected in their arbitration rules to ensure arbitral participants comply with data protection requirements throughout the arbitral proceedings. But why should I care, you might ask.
Different data protection standards
International commercial arbitration is a cross-border scenario by definition. It requires the processing of massive amounts of data across states (e.g., when filing the request for arbitration at an international arbitration institution, when submitting it to a party residing outside of one’s home jurisdiction, when document production takes place, etc.). The processed data contain personal data in the meaning of data protection laws such as the GDPR.
Jan-Mar 2021 issue
Freshfields Bruckhaus Deringer Rechtsanwälte PartG mbB