Data in Motion: Cross Border Data Transfer and Cloud Data Security

Abstract

Industry 4.0, otherwise known as the 4th Industrial Revolution, is gradually taking shape in the affairs of man globally. Therefore, the issue of data privacy and protection has garnered attention. The development of cloud-based technologies and the globalisation of data storage have become very vital for studies. It is expedient that tech entrepreneurs and global users alike appreciate the provisions of the law vis-à-vis cross-border data transfer and cloud data security. Laws are not deadwoods never to rise again; rather, laws have lives, and this informs the ever-dynamic nature of law to fit in with the chages of society. After all, society cannot move on while we remain still. There have been changes in several data protection laws across the world, and it is well settled that ignorance of the law is not an excuse. It is important that tech entrepreneurs and users gain a fair knowledge of the subject matter in order to prevent them from managing and transferring data contrary to the law. Therefore, this article shall begin by exposing the importance of cross-border data transfer and cloud data security in light of their significance in the 21st century. The meaning of data and the general regulatory framework of data in Nigeria shall also be examined, as shall the significance of cross-border data transfer considering socio-economic relations and advancements in the world. Cross-border data transfer under the 2019 and 2023 Nigeria Data Protection Act shall also be examined. At the end, in light of the new Act, it would be submitted that the transition of authority to the Commission for issuing adequacy decisions signifies a centralised and expert-driven approach to safeguarding personal data during cross-border transfers.