The Brussels Effect

Abstract

The expression ‘the Brussels effect’ is often used rather loosely to refer to any or all of the ways by which EU legislative standards come to be adopted in the practices of companies (or governments) in countries outside the EU (‘third party countries’). These include both those effects required by law (de jure) and those effects adopted for other reasons (de facto).

In relation to data privacy ‘the Brussels effect’ refers to the influence outside the EU of three key developments, all originating with the European Commission in Brussels: the 1995 EU data protection Directive (EU DPD [1995]), the 2016 General Data Protection Regulation (EU GDPR [2016]), and the 2024 Artificial Intelligence Act (EU AI Act [2024]), ‘the second most important EU data privacy law’. Four distinct ‘Brussels effects’ are distinguished: de facto corporate adoption; extra-territorial application; legislative emulation by 3rd countries; and adoption in international agreements and standards.

Legislative emulation by third countries can take various forms. Correlations  can also result from independent creation due to similar causes, such as technological and social changes. The evidence for legislative emulation of the EU DPD (1995) is discussed.

This is a paper submitted for inclusion as an entry in the Concise Encyclopedia of Privacy and Data Protection Law (Edward Elgar), forthcoming.

Keywords: Brussels effect, data protection, legislative emulation