What is next for digital trade in a post‐brexit Britain? - Examining the regulation of data flows under G.A.T.S. & possible implications of G.D.P.R. on Britain as a third country

Rana, Abhishek and Meena, Rishabh (2021) What is next for digital trade in a post‐brexit Britain? - Examining the regulation of data flows under G.A.T.S. & possible implications of G.D.P.R. on Britain as a third country. University of Bologna Law Review, 6 (1). pp. 6-28. ISSN 25316133

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Abstract

Data, much like other currencies, flows cross-border -from one jurisdiction to the other. However, it is hard to regulate the privacy aspects surrounding such free-flowing data by rules strictly based on jurisdiction. This article thereby begins by discussing the importance of data protection regulations like the General Data Protection Regulation (G.D.P.R.), followed by a brief analysis of the General Agreement on Trade in Services’ pivotal role in regulating data flows and digital trade, and how it can be further used in checking the World Trade Organisation consistency of various data protection requirements resorted by the European Union (E.U.) so far under the G.D.P.R.. Lastly, the note examines how, post the Brexit transition period, the situation will change for the United Kingdom (U.K.) as it has become a third country for the E.U. data protection regime, with the authors critiquing the various models, including the recent Draft U.K.-E.U. Comprehensive Free Trade Agreement, that may help the U.K. in attaining an “adequacy” status, which is requisite for the continuation of an unconstrained digital trade with the E.U. .

Item Type: Article
Keywords: Brexit | General agreement on trade in services | General data protection regulation | World Trade Organization
Subjects: Social Sciences and humanities > Social Sciences > International Organizations
Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 29 Dec 2021 08:01
Last Modified: 29 Dec 2021 08:01
Official URL: https://doi.org/10.6092/issn.2531-6133/12880
Additional Information: The authors would like to thank Neha Mishra and Svetlana Yakovleva for their precious comments on earlier drafts. They also wish to specify that all errors remain theirs alone.
URI: https://pure.jgu.edu.in/id/eprint/454

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