Data Flows versus Data Protection: Mapping Existing Reconciliation Models in Global Trade Law

2021 ◽  
pp. 129-158
Author(s):  
Mira Burri
Keyword(s):  
Data Protection ◽  
Global Trade ◽  
Versus Data ◽  
Trade Law ◽  
Data Flows

Article 30 Records of processing activities

2020 ◽  
Author(s):  
Waltraut Kotschy
Keyword(s):  
Impact Assessment ◽  
Data Protection ◽  
Personal Data ◽  
Data Flows ◽  
Right Of Access ◽  
Data Subject ◽  
General Conditions

Article 13 (Information to be provided where personal data are collected from the data subject); Article 14 (Information to be provided where personal data have not been obtained from the data subject); Article 15 (Right of access by the data subject); Article 24 (Responsibility of the controller); Article 32 (Security of processing); Article 35 (Data protection impact assessment); Article 37 (Designation of a data protection officer); Article 49 (Derogations for specific situations concerning transborder data flows); Article 83 (General conditions for imposing administrative fines)

ECJ ruling further dims EU-US data protection outlook

2015 ◽  
Keyword(s):  
Data Storage ◽  
Data Protection ◽  
The United States ◽  
The Internet ◽  
Content Type ◽  
Transatlantic Trade ◽  
Data Flows ◽  
The Us ◽  
Trade And Investment ◽  
The Eu

Significance The ECJ ruling could add to potential disruptions to transatlantic commercial data flows arising from the EU's developing data protection regime that a study for the US Chamber of Commerce valued at 0.8-1.3% of EU GDP. The ruling weakens the United States in negotiations over the new EU regime, as well as over the Transatlantic Trade and Investment Partnership (TTIP). Impacts The ruling may bolster development of EU-based cloud facilities as EU users seek to avoid the risks of US-based data storage. This could reduce US firms' estimated 76% share of the EU cloud market. It would also lead to further fragmentation of the internet as a global resource.

Global Trade Law: Challenges and Options for Africa

2003 ◽  
Vol 47 (2) ◽  
pp. 143-173 ◽  
Author(s):  
Olu Fasan
Keyword(s):  
Developing Countries ◽  
Government Procurement ◽  
Global Trade ◽  
Rule Base ◽  
African Countries ◽  
Trading System ◽  
Trade Law ◽  
The World ◽  
World Trading System ◽  
Systemic Problems

The Uruguay Round of trade negotiations, completed in 1994, has fundamentally transformed the legal landscape of the world trading system, making the WTO arguably the most powerful international economic institution in the world. Yet, the systemic problems that have dogged the WTO since its establishment in 1995 have their roots in the nature of this transformation and its implications for developing countries, especially African states. Developing countries, hitherto excluded from GATT rules, became subject to expanded WTO legal rules and disciplines on a range of new areas, including services, intellectual property rights and investment measures. The possibility of deepening and widening the rule-base of the trade regime is also likely with the Doha agenda, which includes possible negotiations on new rules dealing with investment, competition policy, trade facilitation, and transparency in government procurement.Clearly, the increasing legalization and internationalization of trade rules have implications for weak states. International legalization involves sophisticated bargaining where power relations play a significant role. The purpose of this article is to explore, in the context of some of the theories of international law and political economy, how the preferences and interests of African countries are reflected in international rule making that involves both weak and powerful states. The article traces the institutional and legal evolution of the world trading system and how African countries have been affected by these developments. The new Doha agenda is examined with a view to establishing whether it holds out any real hope of redressing the imbalances in the system. Finally, suggestions are made as to how global trade rules can be fair, and therefore made to work for poor states.

CETA, TTIP, TiSA, and Data Protection

2017 ◽  
Author(s):  
Walter Berka
Keyword(s):  
Data Protection ◽  
Data Privacy ◽  
Trade Agreements ◽  
Safe Harbor ◽  
Digital Services ◽  
Data Flows ◽  
The Us ◽  
Protection Legislation ◽  
European Side ◽  
The Eu

Trade agreements cannot avoid dealing with digital services and data sharing. In the cases of TTIP, CETA, and TiSA, different concepts of data protection collide and it is the fear of the European side that the EU’s acquis on data privacy could get compromised through the liberalization of data flows. This chapter analyses the possible impact of these agreements on data protection. It refers to the European Parliament’s call to include a horizontal self-standing clause in TTIP to exclude the current and future EU data protection legislation from being traded in TTIP, a claim which is based on Article XIV of the GATS. In dealing with these issues, it will be considered further that the EU and the US are discussing data transfers and data protection in other fora as well, namely on the tracks of the new Safe Harbor Agreement and the Data Protection Umbrella Agreement.

scholarly journals Security and Confidentiality Approach for the Clinical E-Science Framework (CLEF)

2005 ◽  
Vol 44 (02) ◽  
pp. 193-197 ◽  
Author(s):  
P. Singleton ◽  
J. Milan ◽  
J. MacKay ◽  
D. Detmer ◽  
A. Rector ◽  
...  
Keyword(s):  
Cancer Patients ◽  
Data Protection ◽  
Health Record ◽  
Patient Privacy ◽  
Data Flows ◽  
Rich Information ◽  
Science Framework ◽  
Privacy And Confidentiality ◽  
Meet Data ◽  
Additional Monitoring

Summary Objectives: CLEF is an MRC sponsored project in the E-Science programme that aims to establish methodologies and a technical infrastructure for the next generation of integrated clinical and bioscience research. Methods: The heart of the CLEF approach to this challenge is to design and develop a pseudonymised repository of histories of cancer patients that can be accessed by researchers. Robust mechanisms and policies have been developed to ensure that patient privacy and confidentiality are preserved while delivering a repository of such medically rich information for the purposes of scientific research. Results: This paper summarises the overall approach adopted by CLEF to meet data protection requirements, including the data flows, pseudonymisation measures and additional monitoring policies that are currently being developed. Conclusion: Once evaluated, it is hoped that the CLEF approach can serve as a model for other distributed electronic health record repositories to be accessed for research.

Data Protection in EU Law

2011 ◽  
pp. 273-297 ◽  
Author(s):  
Maria Tzanou
Keyword(s):  
Data Protection ◽  
Fundamental Rights ◽  
European Court Of Justice ◽  
Eu Law ◽  
National Courts ◽  
Court Of Justice ◽  
European Court ◽  
Data Protection Directive ◽  
Data Flows ◽  
Court Of First Instance

This chapter aims to discuss the possibilities and limitations of the EU to provide for an effective and comprehensive data protection regime. In this respect, it presents an analysis of the data protection rules in EU law by examining the relevant constitutional and secondary law framework. It analyzes the jurisprudence of the European Court of Justice and the Court of First Instance on data protection issues, and argues that the European Court of Justice has interpreted an internal market measure (the Data Protection Directive) in such a way so as to foster the protection of fundamental rights. However, when it comes to the balancing between fundamental rights the Court leaves the question to be resolved by national courts. Finally, the contribution assesses the transborder data flows regime established by the Data Protection Directive and attempts to draw some conclusions on whether the ‘adequate protection’ test ensures a high protection in such flows.

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