Governing Cross Border Data Flows

Governing cross-border data flows is inherently difficult given the ubiquity and value of data, and the impact government policies can have on business, innovation and societal interests. This book engages with the unexplored topic of why and how governments should develop a coherent and consistent framework regulating cross-border data flows.

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.

An exploration of the current state of global trade law in the era of Big Data and AI. This title is also available as Open Access on Cambridge Core.

This report improves the evidence base on the role of Data Driven Innovation for promoting growth and well-being, and provide policy guidance on how to maximise the benefits of DDI and mitigate the associated economic and societal risks.

Provides the first systematic analysis of new Asian regionalism as a paradigm shift in international economic law.

This book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance

Written by a renowned expert on data protection law, this work examines the history, policies, and future of transborder data flow regulation, and is the only text to provide a detailed legal analysis of its global implications.

How regulations are implemented and enforced, and how compliance is ensured and promoted, are critical determinants of whether a regulatory system is working as intended. Inspections are one of the most important ways to enforce regulations and to ensure regulatory compliance. Based on the 2014 ...