and sensitive information, the provisions in these agreements on these issues are also
studied in Sect. 7. At last, provisions on e-commerce are scrutinized in Sect. 8.
Finally, the conclusions show that different methodologies adopted in order to
internationally allow and limit measures on data protection and to control possible
negative effects of wealth flows are still far from a wide consensus. The European
model, well developed in the European Union and generally replicated in the
European Free Trade Area countries, also finds expression in trade agreements that
encompass partners from other continents. The United States, nevertheless, puts less
pressure on the issue and looks to favour economic flows and more flexible data
protection policies. Other countries and organisations have no clear policies on the
issue and the differences among domestic legal systems look to be a crucial knot to
be untied.
The report, consequently, as far as it reveals the diversified array of treatments
and tentative solutions in free trade and economic cooperation agreements, seeks to
contribute to the discussion of the data protection effects in trade and, as a consequence, on the international economic governance.
2 Definitions
In this report “international trade” is broadly defined as trans-boundary transfer of
wealth in which there is the exchange of goods or services for a payment in money. It
encompasses both trade on goods and on services, as well as some investment
operations regarding, for instance, the international transfer of productive assets,
monetary or not.
“Data protection” is defined as sets of measures adopted to protect personal data
from improper use, loss and transfer. It may be adopted by companies, private
associations, domestic authorities, legal enactment, and international legal texts,
such as model laws, guidelines and treaties. The meaning of information related to
marketing authorisation of medical products, such as pharmaceuticals and plants,
1 is
not covered by the definition adopted hereby.
“International Trade Law” is the system of international legal documents and
institutions aiming at the regulation and liberalisation of international trade. It is a
1 For instance, EU-GEO FTA, Article 187 (5): “Protection of data submitted to obtain a marketing
authorisation for medical products. (. . .) 5. Georgia undertakes to align its legislation concerning
data protection for medicinal products with that of the Union at a date to be decided by the
Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement.”
and EU-KOR FTA, Article 10.37 (2): “2. The Parties shall ensure that tests, study reports or
information submitted for the first time by an applicant to obtain a marketing authorisation for a
plant protection product are not used by third parties or relevant authorities for the benefit of any
other person aiming at achieving a marketing authorisation for a plant protection product, unless
proof of the explicit consent of the first applicant to use these data is provided. This protection will
be hereinafter referred to as data protection.”
480
J. A. F. Costa
studied in Sect. 7. At last, provisions on e-commerce are scrutinized in Sect. 8.
Finally, the conclusions show that different methodologies adopted in order to
internationally allow and limit measures on data protection and to control possible
negative effects of wealth flows are still far from a wide consensus. The European
model, well developed in the European Union and generally replicated in the
European Free Trade Area countries, also finds expression in trade agreements that
encompass partners from other continents. The United States, nevertheless, puts less
pressure on the issue and looks to favour economic flows and more flexible data
protection policies. Other countries and organisations have no clear policies on the
issue and the differences among domestic legal systems look to be a crucial knot to
be untied.
The report, consequently, as far as it reveals the diversified array of treatments
and tentative solutions in free trade and economic cooperation agreements, seeks to
contribute to the discussion of the data protection effects in trade and, as a consequence, on the international economic governance.
2 Definitions
In this report “international trade” is broadly defined as trans-boundary transfer of
wealth in which there is the exchange of goods or services for a payment in money. It
encompasses both trade on goods and on services, as well as some investment
operations regarding, for instance, the international transfer of productive assets,
monetary or not.
“Data protection” is defined as sets of measures adopted to protect personal data
from improper use, loss and transfer. It may be adopted by companies, private
associations, domestic authorities, legal enactment, and international legal texts,
such as model laws, guidelines and treaties. The meaning of information related to
marketing authorisation of medical products, such as pharmaceuticals and plants,
1 is
not covered by the definition adopted hereby.
“International Trade Law” is the system of international legal documents and
institutions aiming at the regulation and liberalisation of international trade. It is a
1 For instance, EU-GEO FTA, Article 187 (5): “Protection of data submitted to obtain a marketing
authorisation for medical products. (. . .) 5. Georgia undertakes to align its legislation concerning
data protection for medicinal products with that of the Union at a date to be decided by the
Association Committee in Trade configuration, as set out in Article 408(4) of this Agreement.”
and EU-KOR FTA, Article 10.37 (2): “2. The Parties shall ensure that tests, study reports or
information submitted for the first time by an applicant to obtain a marketing authorisation for a
plant protection product are not used by third parties or relevant authorities for the benefit of any
other person aiming at achieving a marketing authorisation for a plant protection product, unless
proof of the explicit consent of the first applicant to use these data is provided. This protection will
be hereinafter referred to as data protection.”
480
J. A. F. Costa