In *Data Processing Law*, Dr Ole Schröder analyses the growing risk of digital isolation between states and economic areas. The article demonstrates that international data flows are of central importance to modern value chains, digital services and export-oriented companies.
The starting point is the observation that data traffic is coming under increasing political, regulatory and security-related pressure. On the one hand, countries such as China and Russia are pursuing their own models of data localisation and control. On the other hand, Western democracies are also posing new challenges to the free flow of data, particularly where data protection, law enforcement and state rights of access to data stored internationally come into conflict.
Dr Ole Schröder examines in particular the GDPR, the transfer of personal data to third countries and the tension between European data protection law and US access rights. Among other things, the article situates Safe Harbour, Privacy Shield, the Microsoft case and the Cloud Act within the legal and political debate.
Central to this is the question of how free data flows between the EU and the US can be maintained whilst remaining safeguarded by the rule of law. The article advocates for international understanding and workable mechanisms to reconcile data protection, fundamental rights and legitimate law enforcement interests.