Florida Law Review Volume 71 Issue 2 Article 3 Towards a Global Data Privacy Standard Michael L. Rustad Thomas H. Koenig Follow this and additional works at: https://scholarship.law.ufl.edu/flr Part of the Privacy Law Commons Recommended Citation Michael L. Rustad and Thomas H. Koenig, Towards a Global Data Privacy Standard, 71 Fla. L. Rev. 365 (). Available at: https://scholarship.law.ufl.edu/flr/vol71/iss2/3 This Article is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized editor of UF Law Scholarship Repository. For more information, please contact
[email protected]. Rustad and Koenig: Towards a Global Data Privacy Standard TOWARDS A GLOBAL DATA PRIVACY STANDARD1 Michael L. Rustad* & Thomas H. Koenig** Abstract This Article questions the widespread contention that recent updates to European Union (EU) data protection law will drive a disruptive wedge between EU and United States (U.S.) data privacy regimes. Europe’s General Data Protection Regulation (GDPR), which took effect in May 2018, gives all EU citizens easier access to their data, a right to portability, a right to be forgotten, and a right to learn when their data has been hacked. These mandatory privacy protections apply to non-EU companies that offer goods or services to EU consumers, whether through a subsidiary or a website. The “Brussels Effect” hypothesis projects a “race to the top” as multinational entities find it easier to adopt the most stringent data protection standards worldwide, rather than satisfying divergent data privacy rules.