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Data Protection without Data Protectionism - The Right to Protection of Personal Data and Data Transfers in EU Law and International Trade Law (Paperback, 1st ed. 2023)
Loot Price: R1,443
Discovery Miles 14 430
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Data Protection without Data Protectionism - The Right to Protection of Personal Data and Data Transfers in EU Law and International Trade Law (Paperback, 1st ed. 2023)
Series: EYIEL Monographs - Studies in European and International Economic Law, 28
Expected to ship within 10 - 15 working days
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This open access book offers a new account on the legal conflict
between privacy and trade in the digital sphere. It develops a
fundamental rights theory with a new right to continuous protection
of personal data and explores the room for the application of this
new right in trade law. Replicable legal analysis and practical
solutions show the way to deal with cross-border data flows without
violating fundamental rights and trade law principles. The
interplay of privacy and trade became a topic of worldwide
attention in the wake of Edward Snowden's revelations concerning US
mass surveillance. Based on claims brought forward by the activist
Maximilian Schrems, the ECJ passed down two high-profile rulings
restricting EU-US data flows. Personal data is relevant for a wide
range of services that are supplied across borders and restrictions
on data flows therefore have an impact on the trade with such
services. After the two rulings by the ECJ, it is less clear then
ever how privacy protection and trade can be brought together on an
international scale. Although it was widely understood that the
legal dispute over EU-US data flows concerns the broad application
of EU data protection law, it has never been fully explored just
how far the EU's requirements for the protection of digital rights
go and what this means beyond EU-US data flows. This book shows how
the international effects of EU data protection law are rooted in
the EU Charter of Fundamental Rights and that the architecture of
EU law demands that the Charter as primary EU law takes precedence
over international law. The book sets out to solve the problem of
how the EU legal data transfer regime must be designed to implement
the EU's extraterritorial fundamental rights requirements without
violating the principles of the WTO's law on services. It also
addresses current developments in international trade law - the
conclusion of comprehensive trade agreements - and offers
suggestion for the design of data flow clauses that accommodate
privacy and trade.
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