In short, it is possible to identify at least 16 dimensions in which some variance is
found:
1. The relation with customers’ confidence;
2. The relation with fundamental rights and liberties;
3. The express duty to adopt and maintain legal framework and measures;
4. The mandatory reference to international standards;
5. The hortatory reference to international standards;
6. The non-discriminatory nature of the measures;
7. The transparency and notification of domestic rules and measures;
8. The recognition of different legal approaches;
9. The recognition of domestic jurisdiction on the issue;
10. The recognition of advantages of legal harmonisation;
11. The recognition of the need to cooperate to make domestic systems compatible;
12. The definition of the applicable law;
13. The obligation to allow cross-border transfer;
14. The reserve of the domestic policy space on personal data protection;
15. The prohibition of discriminatory measures; and
16. The prohibition of disproportional measures.
The relation between all dimensions in the analysed agreements is, so far, not
conclusive, except insofar as Europeans lean towards stronger protection of personal
data, probably as a strategy in order to prevent future breaches of liberalisation duties
under trade agreements.
It seems that provisions on data protection are spreading to other chapters,
notably on investment, cross-border services and movement of natural persons.
Nevertheless, since this study focuses on agreements with electronic commerce
chapters, further research would be necessary to confirm this.
10 Conclusions
Since data protection became an important instrument to secure privacy and liberties
in contemporary societies, in which internet and electronic means of data storage and
circulation are pervasive, international trade relations and their legal framework also
are supposed to keep this issue in mind.
The present report focused on the rules on data protection contained in trade
agreements, particularly in chapters dealing with electronic commerce. Internet is a
preferential space for many transactions, not only on electronic goods and related
services, but also in more traditional areas, such as trade of goods and consumer
sales. Payments and their security also happen very often with the cross-border
circulation of data necessary to the clearing and transference of values. Therefore,
the control of data flows may have a heavy and deep effect on the worldwide flow of
wealth. That is the main reason why data protection and international trade should be
studied in tandem.
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J. A. F. Costa
found:
1. The relation with customers’ confidence;
2. The relation with fundamental rights and liberties;
3. The express duty to adopt and maintain legal framework and measures;
4. The mandatory reference to international standards;
5. The hortatory reference to international standards;
6. The non-discriminatory nature of the measures;
7. The transparency and notification of domestic rules and measures;
8. The recognition of different legal approaches;
9. The recognition of domestic jurisdiction on the issue;
10. The recognition of advantages of legal harmonisation;
11. The recognition of the need to cooperate to make domestic systems compatible;
12. The definition of the applicable law;
13. The obligation to allow cross-border transfer;
14. The reserve of the domestic policy space on personal data protection;
15. The prohibition of discriminatory measures; and
16. The prohibition of disproportional measures.
The relation between all dimensions in the analysed agreements is, so far, not
conclusive, except insofar as Europeans lean towards stronger protection of personal
data, probably as a strategy in order to prevent future breaches of liberalisation duties
under trade agreements.
It seems that provisions on data protection are spreading to other chapters,
notably on investment, cross-border services and movement of natural persons.
Nevertheless, since this study focuses on agreements with electronic commerce
chapters, further research would be necessary to confirm this.
10 Conclusions
Since data protection became an important instrument to secure privacy and liberties
in contemporary societies, in which internet and electronic means of data storage and
circulation are pervasive, international trade relations and their legal framework also
are supposed to keep this issue in mind.
The present report focused on the rules on data protection contained in trade
agreements, particularly in chapters dealing with electronic commerce. Internet is a
preferential space for many transactions, not only on electronic goods and related
services, but also in more traditional areas, such as trade of goods and consumer
sales. Payments and their security also happen very often with the cross-border
circulation of data necessary to the clearing and transference of values. Therefore,
the control of data flows may have a heavy and deep effect on the worldwide flow of
wealth. That is the main reason why data protection and international trade should be
studied in tandem.
516
J. A. F. Costa