Cross-Border Legal Issues

Reporting international crimes is not as straightforward as it seems. There are factors to consider, such as what kind of crime it is, what jurisdiction it falls under, and what agency is responsible.

Sometimes an organization may be in a situation where the laws of more than one jurisdiction may apply or do apply. Cross-border issues are complex, and sometimes the law of different jurisdictions creates contradictions. Questions may arise in the following areas as well as others.

Privacy law in Europe (also known as data protection law) became an important issue for organizations both in and outside Europe in about 2000 when tough rules around use of ‘data’ were introduced. The need for the law was attributed to the explosion in generation and use of data as a result of the advancement of the electronic age.

If your organization is in the United States or other countries with well-established child abuse reporting laws, then reporting is simple. If the alleged abuse happened in a country where reporting protocol is not established—or you have a multijurisdictional nightmare—or abuse that is historic—it may not be clear whether and how to report.