EU’s Trade Policy on Cross-Border Data Flows in the Global Landscape: Navigating the Thin Line between Liberalizing Digital Trade, 'Digital Sovereignty' and Multilateralism

Svetlana Yakovleva, EU’s Trade Policy on Cross-Border Data Flows in the Global Landscape: Navigating the Thin Line between Liberalizing Digital Trade, 'Digital Sovereignty' and Multilateralism in Elaine Fahey, Isabella Mancini (eds.), Understanding the EU as a Good Global Actor (Edward Elgar 2022)

Amsterdam Law School Research Paper No. 2022-57

Institute for Information Law Research Paper No. 2022-12

16 Pages Posted: 30 Jan 2022 Last revised: 24 Mar 2023

See all articles by Svetlana Yakovleva

Svetlana Yakovleva

University of Amsterdam - Institute for Information Law (IViR)

Date Written: January 22, 2022

Abstract

This chapter compares the narratives underlying the EU’s approach to governing cross-border data flows and their reflection in the EU’s trade policy with those of the US and China. It demonstrates that, although the policy concerns behind the EU, US and China’s restrictions on data flows are different, the degree of regulatory autonomy these jurisdictions are willing to give up in order to promote cross-border data flows is more similar than is often assumed. The chapter suggests that this convergence could pave the way to a multilateral consensus on data flows at the World Trade Organization and reflects on other implications it might have for the multilateral trading system.

Keywords: EU trade policy, Digital trade, data governance, cross-border data flows, digital sovereignty, privacy and data protection

JEL Classification: K33, K39

Suggested Citation

Yakovleva, Svetlana, EU’s Trade Policy on Cross-Border Data Flows in the Global Landscape: Navigating the Thin Line between Liberalizing Digital Trade, 'Digital Sovereignty' and Multilateralism (January 22, 2022). Svetlana Yakovleva, EU’s Trade Policy on Cross-Border Data Flows in the Global Landscape: Navigating the Thin Line between Liberalizing Digital Trade, 'Digital Sovereignty' and Multilateralism in Elaine Fahey, Isabella Mancini (eds.), Understanding the EU as a Good Global Actor (Edward Elgar 2022), Amsterdam Law School Research Paper No. 2022-57, Institute for Information Law Research Paper No. 2022-12, Available at SSRN: https://ssrn.com/abstract=4019631

Svetlana Yakovleva (Contact Author)

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

Rokin 84
Amsterdam, 1012 KX
Netherlands

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