Approaches of BRICS Countries to Data Regulation

Abstract

Data are not a new economic resource, but their level is now growing at an unprecedented rate as a result of digital devices and services proliferation. Analysis of emerging national data regulatory systems shows significant differences in country approaches, especially in relation to cross-border data flows, depending on economic specifics and national interests. Differences in approaches between major actors pose challenges for other countries, increase the fragmentation of the global regulatory environment, create uncertainty, and multiply compliance costs for businesses. These factors determine the importance of international cooperation on data governance. The author reviews the approaches of four BRICS countries – China, India, Brazil and South Africa – to data governance, primarily regulations of cross-border flows, as well as data localization requirements. Based on the results of the review, general trends of the reviewed countries’ approaches to data governance have been identified, leading to the conclusion that BRICS cooperation can be strengthened, primarily in the area of mutual recognition of the existing and discussed data protection measures adequacy to ensure mutually beneficial cross-border data movement.