DTA

Corsi integrativi di II livello

PIEROZZI, FILIPPO

etd-11192018-110828

Data Power Europe GDPR Jurisdictional Reach and the bid for an international unilateral standard

Cl. Sc. Sociali - Scienze Politiche

SCIENZE POLITICHE - Laurea Magistrale in Relazioni internazionali (Firenze)

relatore SOMMARIO, EMANUELE GIUSEPPE
Relatore Prof.ssa SGANGA, CATERINA
Presidente Prof.ssa LORETONI, ANNA
Membro Prof.ssa CRISTIANI, ELOISA
Membro Prof. DE GUTTRY, ANDREAS M.T.
Membro Prof.ssa HENRY, BARBARA
Membro Dott.ssa ALABRESE, MARIAGRAZIA
Membro Dott. PIRNI, ALBERTO EUGENIO ERMENEGILDO

• data policy
• European Union Law
• GDPR
• international relations

10/12/2018;

completa

Despite the sharp increase of data protection laws that the world has witnessed during the last decade, differences remain both in the approaches and values underpinning data protection regimes. Both the unintended leverage exerted by the EU through its single market and its role as a normative model have been addressed as potential explanations for the external effects of the EU data protection laws, increasingly hailed as a ‘golden standard’. The steep rise of data in the digital era and the need to cope with the potential legal vacuum created by unterritorial nature of data have been challenging the traditional principles of jurisdiction. Furthermore, these trends acted as a trigger for EU policy-makers to develop an all-encompassing data protection framework ‘for the 21st Century’. The General Data Protection Regulation provides for the first time a harmonized regime at the EU level with a view to enhancing coherence and legal certainty. Moreover, the Regulation - in force from the 25 May 2018 – will constitute a watershed moment for EU external relations. This thesis will echo Mr. Albrecht – GDPR’s Rapporteur - remarks on ‘how the GDPR will change the world’: hence, the main question will be how the broadened jurisdictional scope will affect the external relations of the EU vis-à-vis third countries following different rationales in data protection. For this purpose, the theoretical framework is constituted by Bradford’s ‘Brussels Effect’ theory, duly complemented with Scott’s considerations on the ‘territorial extension’ of EU law. The model - inspired ‘analytically eclectic’ approach – drawing on both the academic debate on extraterritoriality of EU law and theories of ‘EU-as-power’ aims to provide an evaluation of the voluntary and unintended global effects of the GDPR at the level of EU relations with third countries. This thesis draws on the interviews carried out with EU officials who participated directly in the drafting process of the GDPR and attorneys of major law-firms active in data protection regulation. The findings suggest that while both the EU official narrative and the very legal bases of the GDPR are grounded in fundamental rights protection. And while the EU leverage as a ‘market power’ might guarantee an enhanced role to the Regulation as a ‘seal of trust’ for foreign companies. Nonetheless, in an increasingly fragmented scenario of internet and cyberspace governance, the EU rights-based model might elicit confrontational responses curtailing the possible creation of a coherent data governance regime at the global level.

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