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EU Unilateralism and Data

Fahey, E. ORCID: 0000-0003-2603-5300 (2027). EU Unilateralism and Data. In: Rubini, L. (Ed.), Research Handbook on Unilateral Measures in Trade, Investment and Economic Law. Research Handbooks in International Economic Law series. . Edward Elgar.

Abstract

The chapter outlines the conceptual framework as to the EU as a global digital actor and its links to unilateralism. The EU now has data transfer regimes and flows with third countries, which count as some of the largest in the globe featuring significant institutional dimensions. It examines questions of extra-territoriality at the heart thereof and its relationship to the global reach of EU data law. It examines the development of the EU as a data localisation actor, championing high European standards in the wake of Schrems II and including cloud computing regulatory plans. The chapter reflects upon EU digital sovereignty and its overall meaning. The EU as a global data actor is exemplified in the reach of EU law, where digital frameworks on privacy and hate speech are adopted globally. From the DMA, DSA to AI Civil liability, the EU has sought to write a new code civil for internet and digital society through its institutionalisation. It emerges as a constitution for the technical, trying to operationalise constitutional values through atypical institutional design and the rising autonomy of actors. The dense institutional design and autonomy of individual actors furthered by the GDPR continues to be a core hallmark of EU regulatory capture of data in its first iteration. New developments as to international organisations (IOs) indicate shifts away from soft law as to data at international level, underscoring Europe’s first-mover position.

Publication Type: Book Section
Additional Information: © 2027 Edward Elgar. This is the accepted manuscript of an article published by Edward Elgar. Please refer to the publisher’s terms and conditions for information on re-use.
Publisher Keywords: Unilateralism, EU digital, EU as a global actor, Data, Regulation, Sovereignty, Extra-territoriality
Subjects: J Political Science > JA Political science (General)
J Political Science > JN Political institutions (Europe)
Departments: The City Law School
The City Law School > Academic Programmes
SWORD Depositor:
[thumbnail of Unilateralism 29.9.pdf] Text - Accepted Version
This document is not freely accessible due to copyright restrictions.

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