<p>Altruism is a&#xa0;defining feature of human civilization, and donation represents one of its most concrete expressions. In the digital era, data has become an increasingly important object of donation. However, existing legal frameworks of the European Union (‘EU’) offer limited attention to corporate data donation (‘CDD’). CDD involves specific structural and governance requirements, justifying its classification as a&#xa0;discrete form of data philanthropy or altruism. This paper initially defines the fundamental parameters of CDD and classifies it according to donations occurring in emergency and non-emergency circumstances. Employing this structure, the paper evaluates challenges presented by EU’s current data laws, particularly the inflexible implementation of the General Data Protection Regulation (‘GDPR’) Article&#xa0;6&#xa0;(1), and the lack of adequate encouragement for corporate involvement. To resolve these problems, this paper recommends presumed consent as a&#xa0;legal foundation for emergency CDD and broad consent for non-emergency situations. Moreover, it differentiates direct donations from mediated donations and suggests specific fiduciary duties for data recipients and the data altruism organization to improve legal transparency and accountability in CDD practices.</p>

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Between data mobility and privacy stability: navigating legal hurdles in corporate data donation (‘CDD’)

  • Wenling Tan,
  • Lanqing Fu

摘要

Altruism is a defining feature of human civilization, and donation represents one of its most concrete expressions. In the digital era, data has become an increasingly important object of donation. However, existing legal frameworks of the European Union (‘EU’) offer limited attention to corporate data donation (‘CDD’). CDD involves specific structural and governance requirements, justifying its classification as a discrete form of data philanthropy or altruism. This paper initially defines the fundamental parameters of CDD and classifies it according to donations occurring in emergency and non-emergency circumstances. Employing this structure, the paper evaluates challenges presented by EU’s current data laws, particularly the inflexible implementation of the General Data Protection Regulation (‘GDPR’) Article 6 (1), and the lack of adequate encouragement for corporate involvement. To resolve these problems, this paper recommends presumed consent as a legal foundation for emergency CDD and broad consent for non-emergency situations. Moreover, it differentiates direct donations from mediated donations and suggests specific fiduciary duties for data recipients and the data altruism organization to improve legal transparency and accountability in CDD practices.