Is There Anybody Out There? Analyzing the Regulation of Children’s Privacy Online in the United States of America and the European Union According to the TBGI Analytical Framework by Eberlein et al.

18 Pages Posted: 20 Mar 2015 Last revised: 19 Aug 2015

Multiple version iconThere are 2 versions of this paper

Date Written: March 18, 2015

Abstract

This article analyzes the regulation of children’s privacy online, especially in the context of personal information collection as a commodity, in the United States of America (USA) and the European Union (EU) according to the Transnational Business Governance Interactions analytical framework proposed by Eberlein et al. This article reviews the regulatory structure of the field in these two jurisdictions, including global organizations, according to Elberlein et al components and questions. In the analysis, a map of the regulatory interactions within this global realm will be presented and discussed. Analysis of the influence of each interacting party and the degree of interaction between parties demonstrates that there is a clear dominance of the industry in the regulatory realm of children’s privacy protection online. Therefore it is suggested to include an analysis of the regulatory interactions (e.g., using the TBGI analytical framework by Eberlein et al.) when discussing new or amended regulatory measures in each one of the levels described in this article. This will allow a better understanding of the overall regulatory picture and may prevent a bias towards more powerful actors, such as the industry.

Keywords: transnational, business, governance, interactions, transnational business governance, transnational business governance interactions, TBGI analytical framework, children’s privacy online, industry, regulatory measures, marketing online, data protection, EU, USA

JEL Classification: E02, E61, F23, F53, J13, K23, L16, L51, N40, N70

Suggested Citation

Goltz, Nachshon, Is There Anybody Out There? Analyzing the Regulation of Children’s Privacy Online in the United States of America and the European Union According to the TBGI Analytical Framework by Eberlein et al. (March 18, 2015). Osgoode Legal Studies Research Paper No. 11/2015. Available at SSRN: https://ssrn.com/abstract=2580267 or http://dx.doi.org/10.2139/ssrn.2580267

Nachshon Goltz (Contact Author)

Edith Cowan University ( email )

New Zealand

Register to save articles to
your library

Register

Paper statistics

Downloads
40
Abstract Views
416
PlumX Metrics