This new chapter for Paul Craig and Gráinne de Búrca’s Evolution of EU Law conceptualizes European data law as an area of EU law that gravitates around but transcends data protection law. It traces the origins of the GDPR and stresses the significance of the EU’s Charter of Fundamental Rights and the role of data protection institutions. It then contrasts the law on personal data with the law on non-personal data and scrutinizes two other domains of European data law that intersect with data protection law: data ownership laws and access to data laws. It shows how European data protection law has been globally diffused through extraterritorial application, conditionalities for transfers of personal data, international agreements, and the ‘Brussels Effect’.

No abstract

The United States championed the creation of new rules for the digital economy in TPP. Analyzing this effort as “digital megaregulation” foregrounds aspects that the conventional “digital trade” framing tends to conceal. On both accounts, TPP’s most consequential rules for the digital economy relate to questions of data governance. In this regard, TPP reflects the Silicon Valley Consensus of uninhibited data flows and permissive privacy regulation. The chapter argues that the CPTPP parties endorsed the Silicon Valley Consensus due to a lack of alternatives and persistent misperceptions about the realities of the global digital economy, partly attributable to the dominant digital trade framing. It suggests a new approach for the inclusion of data governance provisions in future international trade agreements that offers more flexibility for innovative digital industrial policies and experimental data regulation.

No abstract

No abstract