Trade and Privacy: Complicated Bedfellows? How to Achieve Data Protection-Proof Free Trade Agreements
104 Pages Posted: 30 Nov 2016
Date Written: July 13, 2016
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: Suggested Citation