On Wednesday 31 January, the European Commission approved horizontal arrangements on cross-border data flows and the protection of personal data as part of the negotiation of trade agreements with third countries.
"As the protection of personal data is a fundamental right in the EU, it cannot be subject to negotiations in the context of EU trade agreements", the Commission stated in a press release.
According to the Commission, while the dialogues on data protection and trade negotiations with third countries can complement each other, they should nevertheless follow "distinct paths". This is currently the approach followed as part of the negotiations with Japan (see EUROPE 11928) and South Korea (see EUROPE 11908).
In line with its communication of 10 January 2017 (see EUROPE 11700), the Commission reiterates that it favours adequacy decisions, through which it recognises the level of data protection in a third country as equivalent to that of the EU, as a regulatory mechanism.
It furthermore indicated that this position will determine its approach on the flow of data and data protection in trade agreements until the end of its term of office. (Original version in French by Marion Fontana)