Trade Agreements Data Protection

2. Each contracting party may adopt and maintain the safeguards it deems appropriate to ensure the protection of personal data and privacy, including by adopting and enforcing rules on the cross-border transfer of personal data. This agreement does not infringe on the protection of personal data and the privacy guaranteed by the contracting parties. Free trade agreements have gained ground on the international trade scene at the expense of the multilateral trading system. At the time of the letter, the EU is cooperating with more than 20 countries, either in ongoing bilateral negotiations or pending the adoption of free trade agreements. [49] The most recent agreements include, among others, a free trade agreement with Japan and the conclusion of an agreement with the four founding members of Mercosur. [50] Finally, the paragraph on regulatory cooperation frees privacy and data protection issues from its scope. [63] While avoiding influences or negotiations on lower data protection standards, this may be seen as a missed opportunity to promote the EU`s position on data protection while discussing new developments in digital trade. [64] Keywords: data protection, privacy, personal data, trade agreements, safe harbour agreements, data protection framework agreement, EU-US data protection shield, Schrems [1] European Parliament and Council Regulations 2016/679 on the protection of individuals with respect to the processing of personal data and the free movement of personal data (DSPRG); Comprehensive Economic Agreement (CETA) of October 30, 2016 between Canada and the European Union and its member states www.ec.europa.eu. Low data protection in the EU-Vietnam Trade Agreement (06.02.2020) www.vrijschrift.org/serendipity/index.php?/archives/242-Weak-data-protection-in-EU-Vietnam-trade-agreement.html With regard to market access, each WTO member is committed to providing services and service providers to any other treatment of Member States, which is no less favourable than that set out under the conditions set out in their commitment plan for each type of supply. [32] In the case of the U.S. game, WTO decision-makers have interpreted the ban on the remote provision of online gambling services as a violation of market access, since it is a zero quota. [33] It was argued that the application of the RGPD did not present any risk of similar findings, as the regulation envisages alternative opportunities for the transmission of authorized data to countries that do not meet the adequacy test.

[34] However, according to this reasoning, the only situation that could lead to such automatic market restriction would be that the rules on the transfer of personal data to a third country be completely suspended. This has not yet been done in practice, even after the removal of the Safe Harbour,[35] but an interruption in data transfers could be a restriction on market access, unlike Article XVI:1 of the GATS and at a zero rate under Article XVI:2. (a) and c), GATS. [36] EU legislation on the processing of personal data for law enforcement purposes is not covered by the EEA agreement, but may be applicable to some or all EEA-EFTA states under other agreements with the EU.