Skip to content

The Best of Both Worlds? Free Trade in Services and EU Law on Privacy and Data Protection

Svetlana Yakovleva, Kristina Irion

DOI https://doi.org/10.21552/EDPL/2016/2/9



The article focuses on the interplay between European Union (EU) law on privacy and data protection and international trade law, in particular the General Agreement on Trade in Services (GATS) and the WTO dispute settlement system. The argument distinguishes between the effects of international trade law in the EU legal order on the one hand, and, on the other hand, how EU data protection law would fare in a hypothetical challenge under the GATS. The contribution will apply international trade law and the general exception in GATS Article XIV to typical requirements stemming from EU data protection law, especially on transfers of personal data to third countries. The article enumerates the specific legal risks for defending EU law on privacy and data protection and explains the practical implications of its hypothetical challenge under the GATS. These insights could be useful for the EU’s negotiators of the future bi- or multilateral free trade agreements, notably the Transatlantic Trade and Investment Partnership and the Trade in Services Agreement.

Svetlana Yakovleva is a Senior Research Master Student at the Institute for Information Law (IViR), University of Amsterdam. For correspondence: <mailto:svyakovleva@gmail.com>. Kristina Irion is a Senior Researcher at IViR, University of Amsterdam and Associate Professor at the School of Public Policy (SPP), Central European University, Budapest. For correspondence: <mailto:k.irion@uva.nl>. The authors would like to thank Dr S Gaspar-Szilagyi for a valuable discussion of the interplay between EU law and international law, Dr MR Taylor and the two anonymous reviewers of the European Data Protection Law Review for their helpful comments.

Share


Lx-Number Search

A
|
(e.g. A | 000123 | 01)

Export Citation