Abstract

The external dimensions of EU data protection law are multifaceted. Its provisions extend beyond the Union’s territory, establishing a broad scope of application. Additionally, EU data transfer rules regulate the mechanisms by which data can be transferred to foreign jurisdictions.

Beyond these regulatory aspects, EU law also shapes the development of international data privacy standards through amendments to relevant Council of Europe Conventions and the negotiation of trade agreements. This article explores these external dimensions of EU data protection, with a particular focus on the interplay between law and politics.

It examines the extent to which the recognition of data privacy as a fundamental right within the EU aligns with, and often conflicts with, the legal and political frameworks of foreign jurisdictions. Finally, the article considers recent data localization initiatives aimed at enhancing the protection of EU data subjects’ rights.

Table of Contents

1. Introduction
2. The territorial scope of EU data protection law: The de-referencing rulings
3. The law and politics of data transfer: The adequacy decisions
   • EU data protection in the US
   • EU data protection in Japan
4. The GDPR and the interface between EU law and international law
   • The globalisation of COE Convention 108
   • Trade Regimes and EU data protection law
5. Conclusions