The Regulation of personal data flows between the European Union and the Asia-Pacific Region

This paper explains the legal framework for cross-border transfers of personal data outside the EUand assesses its impact on a selection of Asia-Pacific data protection laws. It studies the positiondefended by the EU in the debates for a new general framework on e-commerce in the World TradeOrganization (WTO) and the sections regarding data flows of some free trade agreements recentlyconcluded by Asia-Pacific countries such as the Regional Comprehensive Economic Partnership andthe Comprehensive and Progressive Agreement for Trans-Pacific Partnership. This paper shows howthe regulation of data flows has surpassed national data protection laws to be increasingly present infree trade agreements with the tensions this may entail, paying special attention to the EU and Asia-Pacific. A holistic view is necessary because the consequences for human rights in trade negotiationsshould not be overlooked