Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation
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
- DOI: https://doi.org/https://doi.org/10.1017/aju.2019.81
- 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
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},
}