Overview
- This book is open access, which means that you have free and unlimited access
- Develops a new fundamental right to continuous protection of personal data for cross-border data flows in the EU
- Suggests a fundamental rights-based interpretation of the data transfer mechanisms in the GDPR
- Proposes new designs for data flow clauses in free trade agreements that protect privacy and trade
Part of the book series: European Yearbook of International Economic Law (EUROYEAR, volume 28)
Part of the book sub series: EYIEL Monographs - Studies in European and International Economic Law (EYIELMONO)
Buy print copy
Tax calculation will be finalised at checkout
Table of contents (6 chapters)
-
Front Matter
-
European Union Data Protection Law
-
Front Matter
-
-
International Trade Law
-
Front Matter
-
-
Epilogue
-
Front Matter
-
-
Back Matter
Keywords
About this book
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.
Reviews
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Data Protection without Data Protectionism
Book Subtitle: The Right to Protection of Personal Data and Data Transfers in EU Law and International Trade Law
Authors: Tobias Naef
Series Title: European Yearbook of International Economic Law
DOI: https://doi.org/10.1007/978-3-031-19893-9
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s) 2023
Hardcover ISBN: 978-3-031-19892-2Published: 13 December 2022
Softcover ISBN: 978-3-031-19895-3Published: 13 December 2022
eBook ISBN: 978-3-031-19893-9Published: 12 December 2022
Series ISSN: 2364-8392
Series E-ISSN: 2364-8406
Edition Number: 1
Number of Pages: XVI, 431
Number of Illustrations: 1 b/w illustrations
Topics: European Economic Law, International Economic Law, Trade Law, IT Law, Media Law, Intellectual Property, European Fundamental Rights and Freedoms