International Standards in the EU’s Digital Trade Chapters & Negotiations: On Internationalisation

The EU is a long-standing internationalist in the global legal order. It advocates regulatory cooperation predicated upon international standards and seeks regulatory cooperation also in the absence of global consensus of standards. One specific area of interest is the EU’s practices of internationalisation in digital trade and its links to data adequacy decisions. The EU commits to very high standards of privacy protection in its model horizontal texts. Here the EU has sought to generate best practice as to digital trade with the world’s leading developed economies. But what of internationalisation here? Much global administrative law considers the application of international standards. Yet what about the challenges of the absence thereof for regulators? National authorities increasingly send detailed practical questions to the CJEU on international data transfer standards. The paper considers the framing of internationalisation in EU-Japan, EU-Canada, EU-UK digital trade chapters.