Confidentiality and Data Protection in the Arbitration of Digital Business Contracts

Abstract

In this brief work, we will analyze the evolution of digital commercial arbitration and the impacts of the General Data Protection Law (GDPL) on the confidentiality and validity of arbitral proceedings conducted in electronic environments. The study aims to understand how data protection and the duty of confidentiality align with the competence-competence principle, especially in light of “prima facie” illegality situations that limit the parties’ autonomy of will. The research demonstrates that compliance with the GDPL and the adoption of information security mechanisms have become essential requirements for the legitimacy, effectiveness, and accountability of digital arbitration, ensuring the protection of privacy and the preservation of trust in contemporary business relations.