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Cross-border 'data adequacy' frameworks under GATS Article VII : aligning WTO members' rights to protect personal data with their international commitments

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Cross_border_2025.pdf (368.68 KB)
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Attribution 4.0 International
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https://hdl.handle.net/1814/78307
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10.1017/S1474745625000047
ISBN
ISSN
1474-7456; 1475-3138
Issue Date
2025
Type of Publication
Article
Keyword(s)
Recognition; Cooperation; GATS; Adequacy decisions; Data protection and privacy
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EUI Research Cluster(s)
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World trade review, 2025, OnlineFirst
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SALUSTE, Maarja, Cross-border ‘data adequacy’ frameworks under GATS Article VII : aligning WTO members’ rights to protect personal data with their international commitments, World trade review, 2025, OnlineFirst - https://hdl.handle.net/1814/78307
Abstract
The exponential growth of cross-border data flows and fragmented national and regional data protection standards have intensified regulatory challenges in global trade. The effects of regulatory divergence are amplified by a lack of transparency, potentially masking discriminatory practices. Article VII of the General Agreement on Trade in Services (GATS) offers a framework for recognition agreements to bridge these gaps but is not utilized in practice. This paper examines the interplay between GATS Article VII and the EU data adequacy decisions – currently the most comprehensive bilateral framework for assessing compatibility between data protection regimes among other WTO members. It argues that data adequacy frameworks qualify as recognition agreements/arrangements under GATS, offering potential to reduce the trade effects of differences in data protection laws globally while safeguarding regulatory autonomy. A roadmap for leveraging Article VII to advance international alignment is developed to help realize the dual goals of enhancing global cooperation and strengthening privacy protection.
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Published online: 21 April 2025
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Cambridge University Press
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Research Projects
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This article was published Open Access with the support from the EUI Library through the CRUI - CUP Transformative Agreement (2023-2025)
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