hortatory disposition on “international standards”.
78 The Pacific Alliance (2016)
79
does regulate the protection of personal data, by setting the obligation to adopt or
maintain legal and administrative protection of personal data and taking into account
the international standards. In a separate Article, its chapter on electronic commerce
deals very loosely with the issue of cross-border data transfer, keeping the issue open
to future negotiations.
The EU-Central America FTA (2013),
80 the EU-Colombia, Peru and Ecuador
FTA (2013),
81 the EU-Georgia (2014),
82 the EU-Korea (2011),
83 the EU-Moldova
(2014),
84 the EU-Ukraine (2014)
85 do not set a duty to regulate data protection
domestically, although the admit that the compatibility with “international standards” is necessary in order to increase confidence of e-commerce.
78 MEX-PAN FTA, Article 14.8: “Personal data protection. The Parties shall endeavour to adopt or
maintain legislation and regulation to the protection of personal data from the electronic commerce
users. The Parties will consider the international practice in this issue.” (My translation.) Article
14.10 “International Flow of Information. Each Party will allow their persons and the persons from
the other Party to transfer electronic information into and out its territory, whenever it is requested
by this person, accordingly to the applicable law on protection of personal data and taking into
consideration the international practice.” (My translation.)
79 Pacific Alliance. Chapter 13, Article 13.8: “Protection of Personal Information. 1. The Parties
shall adopt or maintain legislation, regulation or administrative measures to the protection of
personal information of users that take part in the electronic commerce. 2. The Parties shall
exchange information and experiences in regard to their legislation on personal data protection.”
(My translation.) Article 13.11: “Cross-border Information Flow. With the aim of deepening their
relations in the field of electronic commerce, the Parties admit to endeavour the future negotiation of
commitments related to the cross-border flow of information.”
80 EU-Central America FTA, Title III, Chapter 6, Article 201 (2): “Objective and Principles. 2. The
Parties recognise that the development of e-commerce shall be compatible with international
standards of data protection, in order to ensure the confidence of users of ecommerce.”
81 EU-COL, PER, ECU FTA, Chapter 6, Article 162 (2): “The Parties agree that the development of
electronic commerce shall be consistent with the international standards of data protection, in order
to ensure the confidence of users of electronic commerce.”
82 EU-GEO, Article 127 (2): “Objective and principles. (. . .) 2. The Parties agree that the development of electronic commerce must be compatible with the international standards of data protection
in order to ensure the confidence of users of electronic commerce.”
83 EU-KOR FTA, Article 7.48 (2): “Objectives and principles. (. . .) 2. The Parties agree that the
development of electronic commerce must be fully compatible with the international standards of
data protection, in order to ensure the confidence of users of electronic commerce.”
84 EU-Moldova FTA, Article 254 (2): “Objective and principles. (. . .) 2. The Parties agree that the
development of electronic commerce must be fully compatible with the highest international
standards of data protection, in order to ensure the confidence of users of electronic commerce.”
85 EU-Ukraine FTA, Article 139 (2): “Objective and principles. (. . .) 2. The Parties agree that the
development of electronic commerce must be fully compatible with the highest international
standards of data protection, in order to ensure the confidence of users of electronic commerce.”
506
J. A. F. Costa
78 The Pacific Alliance (2016)
79
does regulate the protection of personal data, by setting the obligation to adopt or
maintain legal and administrative protection of personal data and taking into account
the international standards. In a separate Article, its chapter on electronic commerce
deals very loosely with the issue of cross-border data transfer, keeping the issue open
to future negotiations.
The EU-Central America FTA (2013),
80 the EU-Colombia, Peru and Ecuador
FTA (2013),
81 the EU-Georgia (2014),
82 the EU-Korea (2011),
83 the EU-Moldova
(2014),
84 the EU-Ukraine (2014)
85 do not set a duty to regulate data protection
domestically, although the admit that the compatibility with “international standards” is necessary in order to increase confidence of e-commerce.
78 MEX-PAN FTA, Article 14.8: “Personal data protection. The Parties shall endeavour to adopt or
maintain legislation and regulation to the protection of personal data from the electronic commerce
users. The Parties will consider the international practice in this issue.” (My translation.) Article
14.10 “International Flow of Information. Each Party will allow their persons and the persons from
the other Party to transfer electronic information into and out its territory, whenever it is requested
by this person, accordingly to the applicable law on protection of personal data and taking into
consideration the international practice.” (My translation.)
79 Pacific Alliance. Chapter 13, Article 13.8: “Protection of Personal Information. 1. The Parties
shall adopt or maintain legislation, regulation or administrative measures to the protection of
personal information of users that take part in the electronic commerce. 2. The Parties shall
exchange information and experiences in regard to their legislation on personal data protection.”
(My translation.) Article 13.11: “Cross-border Information Flow. With the aim of deepening their
relations in the field of electronic commerce, the Parties admit to endeavour the future negotiation of
commitments related to the cross-border flow of information.”
80 EU-Central America FTA, Title III, Chapter 6, Article 201 (2): “Objective and Principles. 2. The
Parties recognise that the development of e-commerce shall be compatible with international
standards of data protection, in order to ensure the confidence of users of ecommerce.”
81 EU-COL, PER, ECU FTA, Chapter 6, Article 162 (2): “The Parties agree that the development of
electronic commerce shall be consistent with the international standards of data protection, in order
to ensure the confidence of users of electronic commerce.”
82 EU-GEO, Article 127 (2): “Objective and principles. (. . .) 2. The Parties agree that the development of electronic commerce must be compatible with the international standards of data protection
in order to ensure the confidence of users of electronic commerce.”
83 EU-KOR FTA, Article 7.48 (2): “Objectives and principles. (. . .) 2. The Parties agree that the
development of electronic commerce must be fully compatible with the international standards of
data protection, in order to ensure the confidence of users of electronic commerce.”
84 EU-Moldova FTA, Article 254 (2): “Objective and principles. (. . .) 2. The Parties agree that the
development of electronic commerce must be fully compatible with the highest international
standards of data protection, in order to ensure the confidence of users of electronic commerce.”
85 EU-Ukraine FTA, Article 139 (2): “Objective and principles. (. . .) 2. The Parties agree that the
development of electronic commerce must be fully compatible with the highest international
standards of data protection, in order to ensure the confidence of users of electronic commerce.”
506
J. A. F. Costa