juridical-normative method

The juridical-normative method is a qualitative research approach focused on analyzing legal texts, principles, and judicial precedents to determine the content and validity of legal norms. Within a Privacy Information Management System (PIMS), it is the cornerstone of compliance. For instance, when implementing ISO/IEC 27701, an organization must identify all applicable data protection obligations. This method is used to systematically analyze requirements such as the "right to be forgotten" (Article 17) and "data portability" (Article 20) in the GDPR, or specific consent rules in Taiwan's PDPA. Unlike empirical methods that study law's real-world effects, the juridical-normative method focuses on interpreting the law as written, providing a clear legal basis for developing internal privacy policies, procedures, and controls required for risk assessments and legal compliance.

In enterprise risk management, the juridical-normative method is applied to ensure data protection compliance through key steps. First, **Regulatory Inventory and Applicability Analysis**: systematically identifying all relevant privacy laws (e.g., GDPR, CCPA, Taiwan's PDPA) and determining their scope for specific business operations. Second, **Control Mapping and Gap Analysis**: deconstructing legal articles, like GDPR Article 32 on security, into specific controls and mapping them against existing frameworks like ISO/IEC 27001 to identify compliance gaps. For example, a global e-commerce company used this to find its cross-border data transfer mechanism non-compliant with GDPR Chapter V. Third, **Risk Treatment and Policy Development**: based on the gap analysis, creating or revising internal policies, such as implementing Standard Contractual Clauses (SCCs) for data transfers. This process can increase regulatory compliance rates to over 95% and provide auditable evidence of due diligence, significantly reducing potential fines.

Taiwan enterprises face several challenges when implementing the juridical-normative method for global data protection. 1) **Complexity of International Laws**: Navigating conflicting requirements between regulations like GDPR and the US's CCPA/CPRA, which have different definitions of "personal data" and consumer rights. 2) **Limited In-house Expertise**: SMEs often lack dedicated legal teams with expertise in international privacy law to conduct thorough analyses. 3) **Dynamic Regulatory Landscape**: Keeping pace with rapidly evolving privacy laws worldwide requires continuous monitoring and agile policy updates. To overcome these, enterprises should establish a cross-functional privacy task force (Legal, IT, Business), leverage international frameworks like ISO/IEC 27701 for structured gap analysis, and engage external experts. Adopting Regulatory Technology (RegTech) tools can also automate monitoring and ensure sustained compliance.

Winners Consulting specializes in juridical-normative method for Taiwan enterprises, delivering compliant management systems within 90 days. Free consultation: https://winners.com.tw/contact