External dimensions of EU data protection law : the legal and the political

Abstract

The external dimensions of EU data protection law are manifold. The provisions of EU data protection law envisage a scope of application that goes beyond the territory of the Union. Moreover, EU data transfer rules govern the mechanisms by which data could be transferred to foreign jurisdictions. In addition to this, EU law influences the development of international law in data privacy through the amendment of relevant Council of Europe Conventions and the conclusion of trade agreements. This article addresses these different external aspects of EU data protection with a focus on the relationship between law and politics. It unravels the extent to which the status of data privacy as a fundamental right in the Union comes to terms and often collides with different legal-political preferences and realities in foreign jurisdictions. It finally considers the recent initiatives of data localisation to protect EU data subject rights.