Trade and Privacy: Complicated Bedfellows? How to Achieve Data Protection-Proof Free Trade Agreements

104 Pages Posted: 30 Nov 2016

See all articles by Kristina Irion

Kristina Irion

University of Amsterdam

Svetlana Yakovleva

University of Amsterdam - Institute for Information Law (IViR)

Marija Bartl

University of Amsterdam - Centre for the Study of European Contract Law (CSECL)

Date Written: July 13, 2016

Abstract

This independent study assesses how EU standards on privacy and data protection are safeguarded from liberalisation by existing free trade agreements (the General Agreement of Trade in Services (GATS) and the Comprehensive Economic and Trade Agreement (CETA)) and those that are currently under negotiation (the Trans-Atlantic Trade and Investment Partnership (TTIP) and the Trade in Services Agreement (TiSA)). Based on the premise that the EU does not negotiate its privacy and data protection standards, the study clarifies safeguards and risks in respectively the EU legal order and international trade law. In the context of the highly-charged discourse surrounding the new generation free trade agreements under negotiation, this study applies legal methods in order to derive nuanced conclusions about the preservation of the EU’s right to regulate privacy and the protection of personal data.

Keywords: EU law, international trade law, privacy, personal data, cross-border transfer, discriminator treatment, right to regulate

JEL Classification: K00, K2, K33

Suggested Citation

Irion, Kristina and Yakovleva, Svetlana and Bartl, Marija, Trade and Privacy: Complicated Bedfellows? How to Achieve Data Protection-Proof Free Trade Agreements (July 13, 2016). Available at SSRN: https://ssrn.com/abstract=2877166 or http://dx.doi.org/10.2139/ssrn.2877166

Kristina Irion (Contact Author)

University of Amsterdam ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

Svetlana Yakovleva

University of Amsterdam - Institute for Information Law (IViR) ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

Marija Bartl

University of Amsterdam - Centre for the Study of European Contract Law (CSECL) ( email )

P.O. Box 1030
Amsterdam, 1000 BA
Netherlands

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