“agree to cooperate”
10 clearly denote the absence of any legal duty to cooperate.
Nevertheless, a disposition on cooperation in this issue, in agreements with no
specific structured rules but an isolated provision,
11 is an evidence of a shared
awareness of the questions to be dealt with.
Moreover, the EU-Ukraine FTA (2014)
12 includes an express reference to “relevant Council of Europe instruments”. This rule is a non-explicit reference to the
Convention 108, which is the original matrix of further EU legislation.
The adoption of annexes is far more effective than a simple reference in an open
rule on cooperation. This is the case of the EU-Moldova FTA (2014), which includes
an annex on Freedom, Security and Justice. The adoption of the relatively short
Annex I to Title III
13 (Freedom, Security and Justice) is aimed to produce deep
institutional frameworks as well as an adequate level of protection of personal data consistent with
the objective and principles contained in this Chapter.”
10 EU-Central America FTA, Article 34: “Personal data protection. 1. The Parties agree to cooperate
in order to improve the level of protection of personal data to the highest international standards,
such as the Guidelines for the Regulation of Computerised Personal Data Files, modified by the
General Assembly of the United Nations on December 14th 1990, and to work towards the free
movement of personal data between the Parties, with due regard to their domestic legislation.
2. Cooperation on protection of personal data may include, inter alia, technical assistance in the
form of exchange of information and expertises taking into account the laws and regulations of the
Parties.” EU-Chile FTA (2005), Article 30: “Data protection. 1. The Parties agree to cooperate on
the protection of personal data in order to improve the level of protection and avoid obstacles to
trade that requires transfers of personal data. 2. Cooperation on personal data protection may
include technical assistance in the form of exchange of information and experts and the establishment of joint programmes and projects.”
11 Inter alia, EU-Central America FTA (2013) Article 34; EU-Chile FTA (2005), Article 30;
EU-Ukraine FTA (2014), Article 15.
12 EU-Ukraine (2014), Article 15: “Protection of personal data The Parties agree to cooperate in
order to ensure an adequate level of protection of personal data in accordance with the highest
European and international standards, including the relevant Council of Europe instruments.
Cooperation on personal data protection may include, inter alia, the exchange of information and
of experts.”
13 EU-Moldova FTA, Annex I to Title III (Freedom, Security and Justice: “Directive 2006/24/EC of
the European Parliament and of the Council of 15 March 2006 on the retention of data generated or
processed in connection with the provision of publicly available electronic communications services or of public communications networks Commitments and Principles on personal data
protection 1. The Parties shall, in the context of the implementation of this or other Agreements,
ensure a legal level of data protection which at least corresponds to that set out in Directive 95/46/
EC of 24 October 1995 on the protection of individuals with regard to the processing of personal
data and on the free movement of such data, Council Framework Decision 2008/977/JHA of
27 November 2008 on the protection of personal data processed in the framework of police and
judicial cooperation in criminal matters, as well as the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data, signed on 28 January 1981 (ETS No 108)
and its Additional Protocol, regarding Supervisory Authorities and Transborder Data Flows, signed
on 8 November 2001 (ETS No 181). Where relevant, the Parties shall take into account Recommendation No. R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of
Europe Regulating the Use of Personal Data in the Police Sector. 2. In addition the following
principles shall apply: (a) both the transferring authority and the receiving authority shall take every
490
J. A. F. Costa
10 clearly denote the absence of any legal duty to cooperate.
Nevertheless, a disposition on cooperation in this issue, in agreements with no
specific structured rules but an isolated provision,
11 is an evidence of a shared
awareness of the questions to be dealt with.
Moreover, the EU-Ukraine FTA (2014)
12 includes an express reference to “relevant Council of Europe instruments”. This rule is a non-explicit reference to the
Convention 108, which is the original matrix of further EU legislation.
The adoption of annexes is far more effective than a simple reference in an open
rule on cooperation. This is the case of the EU-Moldova FTA (2014), which includes
an annex on Freedom, Security and Justice. The adoption of the relatively short
Annex I to Title III
13 (Freedom, Security and Justice) is aimed to produce deep
institutional frameworks as well as an adequate level of protection of personal data consistent with
the objective and principles contained in this Chapter.”
10 EU-Central America FTA, Article 34: “Personal data protection. 1. The Parties agree to cooperate
in order to improve the level of protection of personal data to the highest international standards,
such as the Guidelines for the Regulation of Computerised Personal Data Files, modified by the
General Assembly of the United Nations on December 14th 1990, and to work towards the free
movement of personal data between the Parties, with due regard to their domestic legislation.
2. Cooperation on protection of personal data may include, inter alia, technical assistance in the
form of exchange of information and expertises taking into account the laws and regulations of the
Parties.” EU-Chile FTA (2005), Article 30: “Data protection. 1. The Parties agree to cooperate on
the protection of personal data in order to improve the level of protection and avoid obstacles to
trade that requires transfers of personal data. 2. Cooperation on personal data protection may
include technical assistance in the form of exchange of information and experts and the establishment of joint programmes and projects.”
11 Inter alia, EU-Central America FTA (2013) Article 34; EU-Chile FTA (2005), Article 30;
EU-Ukraine FTA (2014), Article 15.
12 EU-Ukraine (2014), Article 15: “Protection of personal data The Parties agree to cooperate in
order to ensure an adequate level of protection of personal data in accordance with the highest
European and international standards, including the relevant Council of Europe instruments.
Cooperation on personal data protection may include, inter alia, the exchange of information and
of experts.”
13 EU-Moldova FTA, Annex I to Title III (Freedom, Security and Justice: “Directive 2006/24/EC of
the European Parliament and of the Council of 15 March 2006 on the retention of data generated or
processed in connection with the provision of publicly available electronic communications services or of public communications networks Commitments and Principles on personal data
protection 1. The Parties shall, in the context of the implementation of this or other Agreements,
ensure a legal level of data protection which at least corresponds to that set out in Directive 95/46/
EC of 24 October 1995 on the protection of individuals with regard to the processing of personal
data and on the free movement of such data, Council Framework Decision 2008/977/JHA of
27 November 2008 on the protection of personal data processed in the framework of police and
judicial cooperation in criminal matters, as well as the Convention for the Protection of Individuals
with regard to Automatic Processing of Personal Data, signed on 28 January 1981 (ETS No 108)
and its Additional Protocol, regarding Supervisory Authorities and Transborder Data Flows, signed
on 8 November 2001 (ETS No 181). Where relevant, the Parties shall take into account Recommendation No. R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of
Europe Regulating the Use of Personal Data in the Police Sector. 2. In addition the following
principles shall apply: (a) both the transferring authority and the receiving authority shall take every
490
J. A. F. Costa