Legal Perspectives on Data Colonialism: A Case Study of Cross-Border Data Flows

Abstract

This study aims to explore legal perspectives on data colonialism by examining the challenges, regulatory mechanisms, and socio-legal implications associated with cross-border data flows, based on insights from legal experts in Tehran. A qualitative research design was employed using semi-structured interviews with 24 legal professionals and scholars from Tehran. Participants were selected through purposive sampling, and data collection continued until theoretical saturation was reached. Interviews were transcribed verbatim and analyzed using Nvivo software through thematic coding to identify key patterns and themes related to data colonialism and cross-border data governance. Analysis revealed three main themes: legal challenges in data colonialism, cross-border data flow mechanisms, and socio-legal implications. Legal challenges included jurisdictional ambiguities, sovereignty concerns, regulatory gaps, privacy risks, and power imbalances favoring multinational corporations. Cross-border mechanisms such as data transfer agreements, data localization policies, technological infrastructure, and enforcement issues were identified, alongside the uneven impact on developing countries. Socio-legal implications encompassed human rights considerations, economic and political consequences, public awareness deficits, resistance and reform movements, and ethical concerns related to corporate transparency and algorithmic biases. The findings highlight the complexity of governing cross-border data flows within a legal framework often challenged by the borderless nature of data, technological advances, and power asymmetries inherent in data colonialism. Effective regulation requires harmonized international cooperation, enhanced legal clarity, capacity building for developing countries, stronger privacy protections, and greater public legal literacy. Addressing these issues is critical to safeguarding digital sovereignty, promoting equitable participation in the digital economy, and resisting exploitative practices embedded in data colonialism.