1. Principles:
a. transfer and processing limited to the purpose (the data is to be the minimum to
reach the objectives of its collection, transfer and processing);
b. guarantee of data quality and proportionality of data processed (data is to be
accurate, kept up to date, adequate, relevant and not excessive in relation to the
purpose);
c. transparency (on the purpose of processing and identity of data controller);
d. data security (technical and organisational measures);
e. rights to access, rectification and opposition;
f. restrictions on onward transfers (second recipients under rules that afford an
adequate level of protection); and
g. special regimes for sensitive data.
2. Enforcement mechanisms:
h. promotion of awareness of duties and rights;
i. effective and dissuasive sanctions;
j. systems of direct verification;
k. rights enforced rapidly and effectively, and without prohibitive cost;
l. adequate redress; and
m. exceptions.
Principles a, c and e suffer the only allowed exception if (a) it is provided by
statutory law and (b) is required by public interests in a democratic society.
These principles and minimum framework for enforcement are enough to set high
standards of data protection. Such rules may justify domestic or community measures that affect obligations on trade in goods and in services. It is true that no
individual effective right is set by the chapters, since they depend on domestic
enactment of specific legislation and regulation on data protection. Nevertheless,
its effects on international trade law are immediate.
6.4 Articles and Sections on Data Protection
Articles on cooperation are clearly hortatory and have no direct effect on trade
issues. Expressions such as “acknowledge the importance of cooperation”
9 and
provide support and help to individual data subjects in the exercise of their rights, who must be able
to enforce their rights rapidly and effectively, and without prohibitive cost, including through
appropriate institutional mechanisms allowing independent investigation of complaints; (iii) to
provide appropriate redress to the injured party where rules are not complied with allowing
compensation to be paid and sanctions imposed where appropriate in accordance with applicable
domestic rules.”
9 EU-CARIFORUM FTA, Article 201: “Cooperation. The Parties acknowledge the importance of
cooperation in order to facilitate the development of appropriate legislative, judicial and
Data Protection in International Trade Law
489
a. transfer and processing limited to the purpose (the data is to be the minimum to
reach the objectives of its collection, transfer and processing);
b. guarantee of data quality and proportionality of data processed (data is to be
accurate, kept up to date, adequate, relevant and not excessive in relation to the
purpose);
c. transparency (on the purpose of processing and identity of data controller);
d. data security (technical and organisational measures);
e. rights to access, rectification and opposition;
f. restrictions on onward transfers (second recipients under rules that afford an
adequate level of protection); and
g. special regimes for sensitive data.
2. Enforcement mechanisms:
h. promotion of awareness of duties and rights;
i. effective and dissuasive sanctions;
j. systems of direct verification;
k. rights enforced rapidly and effectively, and without prohibitive cost;
l. adequate redress; and
m. exceptions.
Principles a, c and e suffer the only allowed exception if (a) it is provided by
statutory law and (b) is required by public interests in a democratic society.
These principles and minimum framework for enforcement are enough to set high
standards of data protection. Such rules may justify domestic or community measures that affect obligations on trade in goods and in services. It is true that no
individual effective right is set by the chapters, since they depend on domestic
enactment of specific legislation and regulation on data protection. Nevertheless,
its effects on international trade law are immediate.
6.4 Articles and Sections on Data Protection
Articles on cooperation are clearly hortatory and have no direct effect on trade
issues. Expressions such as “acknowledge the importance of cooperation”
9 and
provide support and help to individual data subjects in the exercise of their rights, who must be able
to enforce their rights rapidly and effectively, and without prohibitive cost, including through
appropriate institutional mechanisms allowing independent investigation of complaints; (iii) to
provide appropriate redress to the injured party where rules are not complied with allowing
compensation to be paid and sanctions imposed where appropriate in accordance with applicable
domestic rules.”
9 EU-CARIFORUM FTA, Article 201: “Cooperation. The Parties acknowledge the importance of
cooperation in order to facilitate the development of appropriate legislative, judicial and
Data Protection in International Trade Law
489