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January 25, 20260 citationsOpen Access

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

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AMAna Gascon Marcen

Key Points

  • To explain the legal framework for cross-border transfers of personal data and assess its impact on Asia-Pacific data protection laws.
  • Analyzed the EU's stance in WTO e-commerce negotiations.
  • Reviewed sections of free trade agreements involving Asia-Pacific countries.
  • Assessed impacts on national data protection laws.
  • Identified how data flow regulations are integrated into free trade agreements.
  • Highlighted tensions between national data protection laws and trade agreements.
  • Emphasized the importance of considering human rights in trade negotiations.

Abstract

This journal article 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 andthe 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.

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Cite This Study

Ana Gascon Marcen (2021) studied this question.

synapsesocial.com/papers/6975b32bfeba4585c2d6eb1ahttps://doi.org/10.5281/zenodo.18351042
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