Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation

(2020) 114 AJIL Unbound 10, 10-14, DOI: 10.1017/aju.2019.81

5 Pages Posted: 19 Feb 2020

See all articles by Svetlana Yakovleva

Svetlana Yakovleva

University of Amsterdam - Institute for Information Law (IViR)

Kristina Irion

University of Amsterdam

Date Written: January 06, 2020

Abstract

The European Union’s (EU) negotiating position on cross-border data flows, which the EU has recently included in its proposal for the World Trade Organization (WTO) talks on e-commerce, not only enshrines the protection of privacy and personal data as fundamental rights, but also creates a broad exception for a Member’s restrictions on cross-border transfers of personal data. This essay argues that maintaining such a strong position in trade negotiations is essential for the EU to preserve the internal compatibility of its legal system when it comes to the right to protection of personal data under the EU Charter of Fundamental Rights (EU Charter) and the recently adopted General Data Protection Regulation (GDPR).

Keywords: EU law, human rights, privacy, data protection, GDPR, international public law, WTO law, GATS, free data flow

Suggested Citation

Yakovleva, Svetlana and Irion, Kristina, Toward Compatibility of the EU Trade Policy with the General Data Protection Regulation (January 06, 2020). (2020) 114 AJIL Unbound 10, 10-14, DOI: 10.1017/aju.2019.81, Available at SSRN: https://ssrn.com/abstract=3524245

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

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