The internet has created a new global nervous system affecting all aspects of European society, politics and business; this will accelerate as we enter the era of the digitisation of everything. This digital transformation has enormous implications for the transatlantic relationship, especially in light of the differences that have developed concerning the appropriate balance between personal data protection, economic growth and national security. This study details how digital and data issues will be handled in the Transatlantic Trade and Investment Partnership; explains how this intersects with the new EU-US Privacy Shield Agreement and the broader implications of the judgment on Safe Harbour; and explores key issues in transatlantic law enforcement cooperation before highlighting a few broader foreign policy issues and laying forth some recommendations for the EU institutions.

The internet has created a new global nervous system affecting all aspects of European society, politics and business; this will accelerate as we enter the era of the digitisation of everything. This digital transformation has enormous implications for the transatlantic relationship, especially in light of the differences that have developed concerning the appropriate balance between personal data protection, economic growth and national security. This study details how digital and data issues will be handled in the Transatlantic Trade and Investment Partnership; explains how this intersects with the new EU-US Privacy Shield Agreement and the broader implications of the judgment on Safe Harbour; and explores key issues in transatlantic law enforcement cooperation before highlighting a few broader foreign policy issues and laying forth some recommendations for the EU institutions.

Data flows are the backbone of today’s diversified value and supply chains. In this timely book, a prominent specialist in transnational commercial and private law explores a developing and evolving area of law related to the role of the digital economy in international trade, making a direct call for the need to internationalise the law regulating transnational data flows. Examining the commonalities and divergences in data flow regulation among ten key jurisdictions – Australia, Indonesia, India, Canada, Japan, Singapore, New Zealand, the United Kingdom, the United States, and the European Union – the book covers such issues and topics as the following: reconciling data free flow with trust; managing the increase in data vulnerability; efforts to prohibit trade in personal data within an interconnected digital economy; obstacles to data flows and digital economic development; cybersecurity; FinTech and TechFins; cross-border insolvency; dispute resolution; and data-digital diplomacy. The author compares several bilateral and multilateral free trade agreements, addressing the data-related shortcomings of these instruments and providing a pathway forward. In addition, two case studies are presented of high-profile judicial and regulatory decisions demonstrating the challenges of data flows and their governance. The author cogently demonstrates how an international legal mechanism such as a convention, treaty, or model law could provide greater certainty for data, as well as help to foster economic growth and create jobs and business opportunities. Practitioners and policymakers concerned with data security and privacy will greatly appreciate this book’s important and valuable contribution to a crucial area of law that bodes well to enhance the economic and social well-being of all.

This timely book examines crucial developments in the field of privacy law, efforts by legal systems to impose their data protection standards beyond their borders and claims by states to assert sovereignty over data. By bringing together renowned international privacy experts from the EU and the US, the book provides an accurate analysis of key trends and prospects in the transatlantic context, including spaces of tensions and cooperation between the EU and the US in the field of data protection law. The chapters explore recent legal and policy developments both in the private and law enforcement sectors, including recent rulings by the Court of Justice of the EU dealing with Google and Facebook, recent legislative initiatives in the EU and the US such as the CLOUD Act and the e-evidence proposal, as well as ongoing efforts to strike a transatlantic deal in the field of data sharing. All of the topics are thoroughly examined and presented in an accessible way that will appeal to scholars in the fields of law, political science and international relations, as well as to a wider and non-specialist audience. The book is an essential guide to understanding contemporary challenges to data protection across the Atlantic.

This is the first book-length treatment of the advancement of EU global data flows and digital trade through the framework of European institutionalisation. Drawing on case studies of EU-US, EU-Japan and EU-China relations it charts the theoretical and empirical approaches at play. It illustrates how the EU has pioneered high standards in data flows and how it engages in significant digital trade reforms, committed to those standards. The book marks a major shift in how institutionalisation and the EU should be viewed as it relates to two of the more extraordinary areas of global governance: trade and data flows. This significant book will be of interest to EU constitutional lawyers, as well as those researching in the field of IT and data law.

This book offers guidance for US-based IT businesses on both sides of the Atlantic when dealing with big data and government data, since transatlantic data flows are key to the success of these enterprises. It offers practical insights into many of the data-protection challenges US companies in various industries face when seeking to comply with US and EU data-protection laws, and analyses the potential conflicts in the light of their risks and the way in which US-based cloud providers react to the uncertainties of the applicable data-protection rules. The book particularly focuses on the insights derived from a qualitative study conducted in 2016 with various cloud-based IT businesses in the Silicon Valley area, which shows the diversity of views on data protection and the many approaches companies take to this topic. Further, it discusses key data-protection issues in the field of big data and government data.

How disputes over privacy and security have shaped the relationship between the European Union and the United States and what this means for the future We live in an interconnected world, where security problems like terrorism are spilling across borders, and globalized data networks and e-commerce platforms are reshaping the world economy. This means that states’ jurisdictions and rule systems clash. How have they negotiated their differences over freedom and security? Of Privacy and Power investigates how the European Union and United States, the two major regulatory systems in world politics, have regulated privacy and security, and how their agreements and disputes have reshaped the transatlantic relationship. The transatlantic struggle over freedom and security has usually been depicted as a clash between a peace-loving European Union and a belligerent United States. Henry Farrell and Abraham Newman demonstrate how this misses the point. The real dispute was between two transnational coalitions—one favoring security, the other liberty—whose struggles have reshaped the politics of surveillance, e-commerce, and privacy rights. Looking at three large security debates in the period since 9/11, involving Passenger Name Record data, the SWIFT financial messaging controversy, and Edward Snowden’s revelations, the authors examine how the powers of border-spanning coalitions have waxed and waned. Globalization has enabled new strategies of action, which security agencies, interior ministries, privacy NGOs, bureaucrats, and other actors exploit as circumstances dictate. The first serious study of how the politics of surveillance has been transformed, Of Privacy and Power offers a fresh view of the role of information and power in a world of economic interdependence.