A New Frontier: The Challenges Surrounding the Deepening Impact of Data Protection Regulations on Bankruptcy Law

Tibor Tajti*

*Corresponding author for this work

Research output: Contribution to journalArticlepeer-review

Abstract (may include machine translation)

Notwithstanding the unprecedented and global prestige that data privacy (or data protection, in Europe) law has gained in the 21st century, comparative analyses of the effects flowing from the intensifying impact of data protection law on bankruptcy (insolvency) law remain unexplored. In addition to canvassing the history and contours of the data protection–bankruptcy law interface, through an empirical comparison of available court and data protection agency (authority) cases in multiple jurisdictions, this article fills this gap by identifying and exemplifying various modalities through which data protection law interferes with the bankruptcy process or creates tensions between the two branches of law, based on the comparison of available court and data protection authority (agency) cases in Europe (including the United Kingdom), the United States, as well as Canada and China, as middle-ground systems.

Original languageEnglish
Pages (from-to)238-296
Number of pages59
JournalPravni Zapisi
Volume14
Issue number2
DOIs
StatePublished - 1 Jan 2023

Keywords

  • Bankruptcy (Insolvency) Law
  • Data Protection (Privacy)
  • European e-Justice Portal
  • Interconnected Insolvency Registries
  • Middle-Ground Systems
  • Recast EU Insolvency Regulation 2015/848
  • Red Tape

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