The Regulation of personal data flows between the European Union and the Asia-Pacific Region

Authors

  • ANA GASCÓN MARCÉN University of Zaragoza

DOI:

https://doi.org/10.30722/anzjes.vol13.iss2.15603

Keywords:

Asia-Pacific, Electronic Commerce, European Union, GDPR, personal data flows

Abstract

This paper explains the legal framework for cross-border transfers of personal data outside the EU
and assesses its impact on a selection of Asia-Pacific data protection laws. It studies the position
defended by the EU in the debates for a new general framework on e-commerce in the World Trade
Organization (WTO) and the sections regarding data flows of some free trade agreements recently
concluded by Asia-Pacific countries such as the Regional Comprehensive Economic Partnership and
the Comprehensive and Progressive Agreement for Trans-Pacific Partnership. This paper shows how
the regulation of data flows has surpassed national data protection laws to be increasingly present in
free trade agreements with the tensions this may entail, paying special attention to the EU and Asia-
Pacific. A holistic view is necessary because the consequences for human rights in trade negotiations
should not be overlooked.

Downloads

Published

2021-09-21

Issue

Vol. 13 No. 2 (2021)

Section

Articles

License

Submission of an original manuscript to ANZJES will be taken to mean that it is an original work not previously published.

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution (CC BY-NC-ND) 4.0 Licence that allows others, including the author, to copy and distribute the material in any medium or format in unadapted form only, for noncommercial purposes only, and only so long as attribution is given to the original author and initial publication in this journal.