Full Description
Governing Cross-Border Data Flows explores how the European Union can simultaneously reconcile and pursue two important legal and policy objectives, namely: protecting fundamental rights guaranteed under the EU Charter of Fundamental Rights (EU Charter) concerning privacy and personal data, while also maintaining and developing a binding, rules-based global trading system to ensure appropriate access to foreign digital markets for EU businesses.
The book demonstrates a significant conflict between international trade law and European data privacy law when it comes to the governance of cross-border flows of personal data. To resolve the tensions caused by this clash, the book proposes concrete and detailed ways to ameliorate the situation from both ends (international trade and personal data protection), specifically through reforms of both international trade and chapter V of the General Data Protection Regulation (GDPR). To explain how such reforms could be effectuated, Yakovleva examines the role of discourse in the evolution of trade law in the last two decades. The book also paves the way for the further research necessary to design a fully-fledged reform proposal of the EU framework for the transfer of personal data outside the European Economic Area.
Contents
1: Cross-Border Data Flows: Between Trade and Data Privacy
2: Personal Data Transfers in International Trade and EU Law: a Tale of Two 'Necessities'
3: Privacy Protection(ism): the Latest Wave of Trade Challenges on Regulatory Autonomy
4: Reconciling Data Privacy and Global Data Flows the EU Way
5: EU Framework for Transfers of Personal Data: Critique and Directions for Reform
6: Reconciling EU Data Protection and International Trade Law: Four Propositions and Avenues for Further Research
