Regulatory Autonomy and Privacy Standards Under the GATS

Asian Journal of WTO & International Health Law and Policy, Vol. 7, No. 1, pp. 25-48, March 2012

24 Pages Posted: 26 Jul 2012

See all articles by Rolf H. Weber

Rolf H. Weber

University of Zurich - Faculty of Law

Date Written: March 30, 2012

Abstract

Privacy plays an ever increasing role in the virtual world of electronic services. Privacy rules of a WTO Member trying to achieve a high level of data protection, however, could jeopardize the cross-border delivery of electronic services. Such kind of rules cause the risk of being qualified as quantitative restrictions and, therefore, of not complying with Article XVI or Article XVII of the GATS. In such a situation, a WTO Member introducing high level privacy standards has to assess whether the respective legal regime can be justified as being in line with international standards evaluated in the light of the domestic regulation clause (Article VI of the GATS) or constitutes a reservation as of the exception rules of GATS-consistent privacy laws or national public morals/order interests (Article XIV (a) and (c) of the GATS).

Keywords: Domestic Regulation, Electronic Services, GATS-consistent Laws, Privacy Targets, Public Order and Public Morals

Suggested Citation

Weber, Rolf H., Regulatory Autonomy and Privacy Standards Under the GATS (March 30, 2012). Asian Journal of WTO & International Health Law and Policy, Vol. 7, No. 1, pp. 25-48, March 2012, Available at SSRN: https://ssrn.com/abstract=2117854

Rolf H. Weber (Contact Author)

University of Zurich - Faculty of Law ( email )

Rämistrasse 71
Zürich, CH-8006
Switzerland

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