Mitigating the Data Privacy Collision in Digital Trade

Given the heterogeneity of national data privacy standards, which have a significant impact on digital trade, the role of trade law in mitigating the resulting conflicts requires an in-depth examination. The analysis of the digital transformation of trade has revealed that a significant share of the regulatory challenges related to trade in the digital economy—notably the regulation of cross-border data flows—are inextricably linked to trade in services. This chapter will therefore examine potential conflicts between obligations under national data privacy regimes and multilateral trade law obligations as well as the regulatory responses of the GATS to the nexus of digital trade and data privacy. Furthermore, trade agreements that are currently serving as “laboratories” for the development of transnational data governance will be analysed with regard to their response to the nexus of digital trade and data privacy.