international trade law

Pitching trade against privacy: reconciling EU governance of personal data flows with external trade external link

International Data Privacy Law, vol. 10, num: 3, pp: 201-221, 2020

Abstract

This article positions EU’s external governance of personal data flows against the backdrop of the international controversy on digital trade versus strict privacy laws. Now that the EU has defined its position on horizontal provisions on cross-border data flows and personal data protection, it is both timely and essential to reassess its strategy on the international transfers of personal data in the purview of its future trade agreements. For its own normative approach and regulatory autonomy, the EU has a pivotal role to play in shaping the interface between trade and privacy before the ‘free trade leviathan’ can restrict the policy choices not only of individual states but also of the EU itself. Our contribution aims to break through the present compartmentalization of privacy scholarship and trade lawyers because it situates personal data flows in both disciplines.

Bibtex

Article{Irion2020bb,
	title = {Pitching trade against privacy: reconciling EU governance of personal data flows with external trade},
	author = {Irion, K. and Yakovleva, S.},
	doi = {https://doi.org/https://doi.org/10.1093/idpl/ipaa003},
	year = {0401},
	date = {2020-04-01},
	journal = {International Data Privacy Law},
	volume = {10},
	number = {3},
	pages = {201-221},
	abstract = {This article positions EU’s external governance of personal data flows against the backdrop of the international controversy on digital trade versus strict privacy laws. Now that the EU has defined its position on horizontal provisions on cross-border data flows and personal data protection, it is both timely and essential to reassess its strategy on the international transfers of personal data in the purview of its future trade agreements. For its own normative approach and regulatory autonomy, the EU has a pivotal role to play in shaping the interface between trade and privacy before the ‘free trade leviathan’ can restrict the policy choices not only of individual states but also of the EU itself. Our contribution aims to break through the present compartmentalization of privacy scholarship and trade lawyers because it situates personal data flows in both disciplines.},
	keywords = {Cross-border data flow, Digital trade, EU law, frontpage, GDPR, international trade law, Personal data, Privacy},
}

Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation external link

Yakovleva, S. & Irion, K.

AJIL Unbound, vol. 114, pp: 10-14, 2020

Abstract

The European Union’s (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member’s restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights and the recently adopted General Data Protection Regulation (GDPR).

Links

EU law, external trade, frontpage, GDPR, international trade law, WTO

Bibtex

Article{https://doi.org/10.1017/aju.2019.81,
	title = {Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation},
	author = {Yakovleva, S. and Irion, K.},
	url = {https://www.cambridge.org/core/journals/american-journal-of-international-law/article/toward-compatibility-of-the-eu-trade-policy-with-the-general-data-protection-regulation/04D5070244733CAEFDAA14C533BAFF7E/share/b44381ff85510e8580104599385baab8c1e3179e},
	doi = {https://doi.org/https://doi.org/10.1017/aju.2019.81},
	year = {0109},
	date = {2020-01-09},
	journal = {AJIL Unbound},
	volume = {114},
	pages = {10-14},
	abstract = {The European Union’s (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member’s restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights and the recently adopted General Data Protection Regulation (GDPR).},
	keywords = {EU law, external trade, frontpage, GDPR, international trade law, WTO},
}