Data Protection without Data Protectionism: The Right to Protection of Personal Data and Data Transfers in EU Law and International Trade Law

This book explores the legal conflict between privacy and trade in the digital sphere, developing a fundamental rights theory with a new right to continuous protection of personal data. It offers practical solutions for dealing with cross-border data flows without violating fundamental rights and trade law principles, based on legal analysis and practical solutions. The book emphasizes the importance of the EU Charter of Fundamental Rights in shaping the international effects of EU data protection law and proposes data flow clauses that accommodate privacy and trade.

Format: Hardback
Length: 431 pages
Publication date: 13 December 2022
Publisher: Springer International Publishing AG

This comprehensive open-access book delves into a novel exploration of the legal tensions between privacy and trade in the digital realm. It presents a groundbreaking fundamental rights theory that introduces a novel right to continuous protection of personal data. Furthermore, it examines the potential applications of this new right within the framework of trade law. Through reproducible legal analysis and practical solutions, the book guides practitioners and policymakers in navigating cross-border data flows while upholding fundamental rights and principles of trade law.

The interplay between privacy and trade has gained significant prominence in the aftermath of Edward Snowden's revelations about US mass surveillance. These revelations sparked a global debate over the balance between individual privacy and the interests of trade and commerce. Based on legal challenges brought by activist Maximilian Schrems, the European Court of Justice (ECJ) delivered two landmark rulings that significantly restricted EU-US data flows. Personal data plays a vital role in a wide array of services that are exchanged across international borders, and any restrictions on data flows have a direct impact on trade in these services.

Following the ECJ's rulings, the question of how privacy protection and trade can be harmonized on a global scale remains unclear. While it was widely acknowledged that the legal dispute revolves around the broad application of EU data protection law, there has been limited exploration of the extent to which the EU's requirements for the protection of digital rights extend beyond EU-US data flows. This book aims to address this gap by demonstrating how the international implications of EU data protection law are rooted in the EU Charter of Fundamental Rights. It further highlights the hierarchical structure of EU law, where the Charter holds primacy over international law.

The book endeavors to solve the complex problem of designing the EU legal data transfer regime to effectively implement the EU's extraterritorial fundamental rights requirements without compromising trade law principles. It offers a comprehensive analysis of the legal framework, including the principles of proportionality, necessity, and data minimization. By examining the interplay between these principles and the specific requirements of trade law, the book provides practical insights and recommendations for policymakers and practitioners seeking to navigate the complex terrain of cross-border data flows.

In conclusion, this open-access book offers a valuable contribution to the ongoing debate on privacy and trade in the digital age. By presenting a fundamental rights theory that recognizes the right to continuous protection of personal data, it provides a framework for addressing the legal tensions between privacy and trade in a manner that upholds fundamental rights and principles of trade law. Through practical solutions and reproducible legal analysis, the book offers valuable guidance to practitioners and policymakers navigating the complex landscape of cross-border data flows.

Weight: 834g
Dimension: 235 x 155 (mm)
ISBN-13: 9783031198922
Edition number: 1st ed. 2023