YEAR 2024 No 2

ISSN 2182-9845

Data Protection and International Arbitration: How to make these two different worlds coexist in the digital era

Diana Camões


Data protection; general data protection regulation; arbitration; international arbitration; personal data; technology. 


This study aims to reflect on the importance of data protection law, namely the General Data Protection Regulation (GDPR), when it comes to International Arbitration, which is something that implies the need to articulate different laws and international treaties. For this reason, we address the different issues regarding the material and territorial scope of the regulation, as well as the question of transfers of personal data to third countries. We also analyze which personal data can be processed during an international arbitration. Finally, our investigation takes into consideration some of the main issues regarding the proceeding of arbitration itself and evaluates whether the GDPR can offer, when applicable, a coherent answer to the data protection’s issues emerging in international arbitration. In a world more technologic than ever, this study aims to demonstrate how these two different worlds (data protection law and international arbitration) can collide for a common application whenever it is necessary. 

Table of contents

1. Introduction
2. The applicability of the GDPR 
2.1. Material Scope of the GDPR
2.2. Territorial Scope of the GDPR 
2.3. Transfers of Personal Data to third countries 
3. Specific issues regarding the Arbitral Proceeding 
3.1. Online Hearings 
3.2. Evidence 
3.3. Refusal of the Award on the Basis of the GDPR’s violation 
4. A data protection agreement as a path to follow?
5. Conclusion 
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