Pitching trade against privacy: reconciling EU governance of personal data flows with external trade

Abstract

Key Points: * Global data flows underpinning cross-border digital trade have moved centre stage in international trade negotiations. New trade law disciplines on the free flow of data are included in a number of international trade deals. * The European Union (EU) has a key role to play in the global governance of the protection of personal data. The EU’s strict data protection regime has sometimes been framed as a digital trade barrier. * This article juxtaposes the EU’s governance of fundamental rights to privacy and data protection with external trade policy on cross-border data flows. * The process of aligning EU’s normative approach to personal data protection with its external trade policy has been, until very recently, riddled with contradictions. * The article concludes with an assessment of the EU’s recent horizontal strategy on cross-border data flows and personal data protection in trade and investment agreements, which aims to align EU external policy.