The EU Legal Framework on Personal Data Flows to Third Countries and its Interplay with EU International Commitments in the Field of Trade Law

The article focuses on how the European Union deals with personal data flows to third countries, the regulation of which attempts to balance two conflicting interests: on the one hand, the need to facilitate cross-border data transfers for commercial reasons; on the other, the need to protect personal data and privacy. Preliminarily, it will be shown that the current EU internal legal framework on the matter, as designed by EU legislators, interpreted by the Court of Justice and implemented by the Commission, gives top priority to the protection of individuals, at the expense of economic needs. Subsequently, the contribution will explain that certain international commitments made by the EU in the field of trade law – some concerning in general the liberalisation of trade in services, some others devoted more specifically to data flows – are not consistent with the balance designed by the EU internal legal framework. Finally, it will be also demonstrated that the approach of EU trade commitments seriously risks undermining the one of the EU internal legal framework.