Between the EU and Canada: A Comparative Analysis of Data Protection Frameworks and the Governance of Cross-Border Transfers

The aim of this thesis is to analyze the regulatory implications arising from cross-border data flows, highlighting how the movement of personal information between the European Union and Canada results in a fundamental tension between the protection of human rights and the facilitation of international trade. The analysis will begin with the origins of privacy, examining the technological factors that transformed the classical nineteenth-century “right to be let alone” into the modern proactive principle known as “informational self-determination”. The following reflection provides an insight on existing regulatory frameworks, specifically the GDPR and PIPEDA, to then guide the understanding of contemporary data governance mechanisms and technical safeguards, such as pseudonymization and the use of synthetic data. Particular relevance is given to the “essential equivalence” test and the impact of the “Schrems” legacy on transatlantic adequacy. Lastly, the thesis will include a critical consideration on legislative strategies regarding future regulatory interoperability within the global data economy.