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IAPP Joe Jones comment on EU data privacy provision similar to Article 25
August 2024 by Joe Jones, Director of Research & Insights at the International Association of Privacy Professionals (IAPP)
The EU’s inclusion of a data privacy provision, similar to Article 25, in a new e-commerce agreement has drawn criticism from U.S. business groups. They argue that the provision is unnecessary and could lead to protectionist policies, hindering free data flow and open internet. Despite U.S. objections, the EU defends the provision, emphasising its importance in safeguarding privacy and data protection within digital trade. U.S. industry fears that this could set a precedent for stricter data transfer restrictions globally, particularly concerning China’s potential use of such provisions.
The comment from Joe Jones, Director of Research & Insights at the International Association of Privacy Professionals (IAPP) on the matter:
• The proliferation and momentum behind the broadly-EU-led digital trade developments is marked by a salutary caution: that jurisdictions have broad discretion to self-judge when privacy and data protection interests can justify the restriction of data flows.
• The primacy of privacy over cross-border data flows, and digital trade more broadly, will in many cases preserve the challenges and complexities for organizations navigating domestic data transfer and localization requirements.
• Data transfer restrictions and mechanisms are proliferating. For example, data “adequacy” is now a mechanism in the regulatory toolbox for over 85 jurisdictions: https://iapp.org/resources/article/infographic-global-adequacy-capabilities/ .
