The Best of Both Worlds? Free Trade in Services, and EU Law on Privacy and Data Protection

S. Yakovleva and K. Irion, “The Best of Both Worlds? Free Trade in Services, and EU Law on Privacy and Data Protection,” (2016) European Data Protection Law Review 2(2): 191-208

Amsterdam Law School Research Paper No. 2016-65

Institute for Information Law Research Paper No. 2016-05

29 Pages Posted: 2 Dec 2016

See all articles by Svetlana Yakovleva

Svetlana Yakovleva

University of Amsterdam - Institute for Information Law (IViR)

Kristina Irion

University of Amsterdam

Date Written: November 29, 2016

Abstract

The article focuses on the interplay between European Union (EU) law on privacy and data protection and international trade law, in particular the General Agreement on Trade in Services (GATS) and the WTO dispute settlement system. The argument distinguishes between the effects of international trade law in the EU legal order on the one hand, and, on the other hand, how EU data protection law would fare in a hypothetical challenge under the GATS. The contribution will apply international trade law and the general exception in GATS Article XIV to typical requirements stemming from EU data protection law, especially on transfers of personal data to third countries. The article enumerates the specific legal risks for defending EU law on privacy and data protection and explains the practical implications of its hypothetical challenge under the GATS. These insights could be useful for the EU’s negotiators of the future bi- or multilateral free trade agreements, notably the Transatlantic Trade and Investment Partnership and the Trade in Services Agreement.

Keywords: EU law, privacy, personal data, cross-border transfer, international trade law, WTO law, General Agreement on Trade in Services, trade barrier, digital trade

JEL Classification: K00, K2, K33

Suggested Citation

Yakovleva, Svetlana and Irion, Kristina, The Best of Both Worlds? Free Trade in Services, and EU Law on Privacy and Data Protection (November 29, 2016). S. Yakovleva and K. Irion, “The Best of Both Worlds? Free Trade in Services, and EU Law on Privacy and Data Protection,” (2016) European Data Protection Law Review 2(2): 191-208; Amsterdam Law School Research Paper No. 2016-65; Institute for Information Law Research Paper No. 2016-05. Available at SSRN: https://ssrn.com/abstract=2877168

Svetlana Yakovleva

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

Rokin 84
Amsterdam, 1012 KX
Netherlands

Kristina Irion (Contact Author)

University of Amsterdam ( email )

Rokin 84
Amsterdam, 1012 KX
Netherlands

Register to save articles to
your library

Register

Paper statistics

Downloads
137
Abstract Views
722
rank
216,873
PlumX Metrics