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: Paperback / softback
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. In response, the European Court of Justice (ECJ) delivered two landmark rulings that significantly impacted EU-US data flows. These rulings raised questions about how privacy protection and trade can coexist on a global scale.

Personal data plays a vital role in a wide array of services that are exchanged across international borders. Restrictions on data flows therefore have a significant impact on trade with these services. Following the ECJ's rulings, it has become increasingly unclear how privacy protection and trade can be harmonized on a multinational level. 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 providing a comprehensive analysis of the international implications of EU data protection law. It demonstrates that the foundations of EU data protection law are rooted in the EU Charter of Fundamental Rights, which serves as the primary EU law. The book further explores how the architecture of EU law mandates that the Charter takes precedence over international law in cases where there is a conflict.

The book's central objective is to devise a solution to the challenge of designing the EU legal data transfer regime in a manner that aligns with the EU's extraterritorial fundamental rights requirements without compromising trade law principles. It offers a comprehensive framework for assessing the legality of data transfers and proposes practical solutions to address the complexities arising from cross-border data flows.

By examining the interplay between privacy and trade in the digital sphere
realm, this book provides valuable insights for practitioners, policymakers, and scholars alike. It sheds light on the emerging legal landscape and offers practical guidance on navigating the complex web of regulations and agreements that govern cross-border data flows. It serves as a valuable resource for anyone seeking to understand the implications of privacy and trade in the digital age and develop effective strategies for reconciling these competing interests.

Weight: 686g
Dimension: 273 x 266 x 33 (mm)
ISBN-13: 9783031198953
Edition number: 1st ed. 2023