Data Privacy Law in the Global Economy - Part 1

Bethany Walsh

Sep 15, 2021

(1) Barrier-free Model

GDPR and EU data protection principles apply to different legal systems such as Japan and the United States. However, EU never intends to become the world's privacy police. Its dominant position in privacy protection is developed to solve its internal problems, which is to coordinate different data processing methods among EU Member States. The use of comprehensive European law is a key factor in the global dissemination of EU data protection law. Take the data protection directive of 1995 as an example, which integrates the existing European national laws and requires each new member state to promulgate a unified national data protection law according to the directive standards as part of the cost of joining the EU. The directive’s general principles and the unified EU data protection law first provide a relatively simple model for new EU Member States, and then provide a reference model for other countries in the world.

(2) Creative Market

The EU data protection’s global success is largely due to high standards of data protection. Different policy concepts, specifically, different regulatory methods compete in an ideological market. Agreements such as safe harbor and privacy protection provide an important basis for the cultural adaptation of American lawyers, consultants and policymakers. For example, when they enter the safe harbor or privacy protection zone, the organizations will accept the acceleration program of EU data protection law. As a result, people are generally familiar with EU-style data protection schemes and gradually agree with their ideas over time. This phenomenon shows that EU doesn’t impose its system on countries, but through attractive ideas and a series of interactions exposed to important behaviors, so as to promote people's gradual adaptation and make the EU concept of privacy become a part of a generally recognized culture.

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