2. Multilateral and automatic most favoured nation clause (any benefit grant to like
products from any country, Member of GATT or not, shall be automatically
extended to all Contracting Parties),
3. Forbiddance of non-tariff measures (quantitative and alike),
4. Anti-dumping and compensatory measures, and
5. Exceptions system (also for free trade areas and custom unions).
The WTO gave birth to other multilateral agreements that follow the same
structure of liberalising rules. The General Agreement on Trade of Services
(GATS) and the Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS) are particularly important in the study of data protection.
Though this report cannot offer deeper explanations about the international
multilateral trade system, it is necessary to stress that the understanding of principles
of GATT, GATS and TRIPS, they are important for two reasons: (a) all bilateral and
regional agreements regarding trade on goods or on services covered by GATT and
GATS have to be harmonized with WTO rules (including TRIPS), since the most
favoured nation clause sets that a benefit grant unilaterally or through any agreement
shall be automatically extended to all the other Contracting Parties and (b) the
bilateral and regional agreements, although far more detailed nowadays, share a
structure that is very similar to the WTO multilateral agreements.
4 Economic Aspects of Data Protection and Free Trade
Data protection measures are focused on regulation of use and transfer of personal
data, understood as information linked to the identity of a natural person. Consequently, it is possible to affirm that the pieces of information that are related to or
compose the identity of a natural person is the object of protection and, therefore, the
meaning of “data” in the expression “data protection”.
These data can be economically defined as goods, since they can be used to
satisfy wants and needs or, to say otherwise, are useful. They are goods to many
firms since that make possible a wide use of marketing strategies targeted to specific
clients, as well as can be pinned as reputational tags in customer in order to reduce
transaction costs.
There is nothing new in it, since people have used registration data to construct
direct mail databases for centuries. What is new, besides the very large scale and
velocity of electronic environments, is the enhanced capacity to construct identities
as jigsaw puzzles. It happens because it is possible to glue data from different
sources and construct more complex subjects that bundle, for instance, consuming
preferences, time spent in specific internet sites, financial information, political
preferences and social circles. Marketing concepts such as personalization and
localization are strong trends in e-commerce. Some of these constructions may be
more accurate to identify the preferences of a consumer than her or his own
awareness.
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J. A. F. Costa
products from any country, Member of GATT or not, shall be automatically
extended to all Contracting Parties),
3. Forbiddance of non-tariff measures (quantitative and alike),
4. Anti-dumping and compensatory measures, and
5. Exceptions system (also for free trade areas and custom unions).
The WTO gave birth to other multilateral agreements that follow the same
structure of liberalising rules. The General Agreement on Trade of Services
(GATS) and the Agreement on Trade Related Aspects of Intellectual Property Rights
(TRIPS) are particularly important in the study of data protection.
Though this report cannot offer deeper explanations about the international
multilateral trade system, it is necessary to stress that the understanding of principles
of GATT, GATS and TRIPS, they are important for two reasons: (a) all bilateral and
regional agreements regarding trade on goods or on services covered by GATT and
GATS have to be harmonized with WTO rules (including TRIPS), since the most
favoured nation clause sets that a benefit grant unilaterally or through any agreement
shall be automatically extended to all the other Contracting Parties and (b) the
bilateral and regional agreements, although far more detailed nowadays, share a
structure that is very similar to the WTO multilateral agreements.
4 Economic Aspects of Data Protection and Free Trade
Data protection measures are focused on regulation of use and transfer of personal
data, understood as information linked to the identity of a natural person. Consequently, it is possible to affirm that the pieces of information that are related to or
compose the identity of a natural person is the object of protection and, therefore, the
meaning of “data” in the expression “data protection”.
These data can be economically defined as goods, since they can be used to
satisfy wants and needs or, to say otherwise, are useful. They are goods to many
firms since that make possible a wide use of marketing strategies targeted to specific
clients, as well as can be pinned as reputational tags in customer in order to reduce
transaction costs.
There is nothing new in it, since people have used registration data to construct
direct mail databases for centuries. What is new, besides the very large scale and
velocity of electronic environments, is the enhanced capacity to construct identities
as jigsaw puzzles. It happens because it is possible to glue data from different
sources and construct more complex subjects that bundle, for instance, consuming
preferences, time spent in specific internet sites, financial information, political
preferences and social circles. Marketing concepts such as personalization and
localization are strong trends in e-commerce. Some of these constructions may be
more accurate to identify the preferences of a consumer than her or his own
awareness.
482
J. A. F. Costa