EU 디지털 무역규범의 변화와 시사점-국가의 ‘규제권한(Right to Regulate)’을 중심으로-

Unlike the United States and Singapore, which have included e-commerce relatedrules from the early stage of regional trade agrements and actively reflected variousmandatory regulations, EU has ben cautious in embracing digital trade rules in itsregional trade agrements. However, the recent EU-UK Trade Coperation Agrementfirstly covered high standards such as cros-border transfer of information. Consideringthe importance of 'right to regulate', the EU’s digital trade rules try to stipulate ‘rightto regulate’ related rules in various aspects. However, in the proces of developments of digital trade rules for securing ‘regulatorypower’ by EU, controversy in the interpretation of digital trade norms are likely to beemerged. Various implications, such as the problem of ading a ‘necesity test’ underthe 'right to regulate' provisions specialized for digital trade, the relationship betwenthe clasifcation isue of digital trade and the aplication of general exceptions, theproblem of cros-border transfer of information and data its exceptions, should becarefuly designed. Lesons from the EU’s digital trade rules particularly on ‘right to regulate’wil have great implications for Korea, which wil actively engage in theestablishment of digital trade regulations worldwide