Data protection is an area where fundamental rights collide with trade policy. Personal data has become an essential asset for the digital economy. Consequently, the free flow of personal data across borders has been described as a “new battleground” for states trying to protect their vital economic and non-economic interests—especially now that trade negotiations are shifting to digital trade. There is a deep disagreement about when data protection should be considered data protectionism. This research explores EU-style data protection and shows where the line between data protection and data protectionism in international trade law currently is, and how it can, or should be redrawn.