The Report on Transborder Data Flow Contracts in the Wider Framework of Mechanisms for Privacy
Protection on Global Networks builds on the commitment of the OECD Member countries at the 1998
Ottawa Conference “A Borderless World: Realising the Potential of Global Electronic Commerce”, to
encourage the use, and development, of model contractual solutions for online transborder data flows, and
to ensure that effective enforcement mechanisms are available both to address non-compliance with
privacy principles and policies and to ensure access to redress.
The report discusses the use of transborder data flow (TBDF) contractual solutions in the wider framework
of mechanisms for privacy protection, and recognises the changing environment for TBDF and the impact
of the global information infrastructure (GII) on the processing and transmission of personal data. It
examines the two main categories of transborder data flows; business to business (or B to B), and
consumer to business (or C to B), and highlights the issues raised by applying contractual analysis and
structures to online communications, in particular to C to B communications. The report also stresses the
need for developing tailored dispute resolution mechanisms for C to B online interactions. Where
appropriate, the report suggests possible further initiatives to foster the widespread use of contractual
privacy solutions for TBDF in online communications.
