글로벌 디지털 통상과 개인정보보호 ― 현황과 과제 ―

This study explores the interplay between personal data protection and digital trade agreements, examining how each country's data protection policies impact global data transfers. Multilateral trade negotiations within the WTO faced challenges, leading to the use of regional trade agreements as an alternative. In the digital economy, where global platforms are pivotal, the surge in data transfers and diverse regulatory measures for personal data protection has become a focal point in international trade disputes. Free Trade Agreements (FTAs) have emerged as a significant solution to address these issues. The expansion of digital trade agreements, including methods like ‘adequacy decisions’ and certification systems, facilitates cross-border data transfers while addressing risks associated with personal information. Various trade agreements actively collaborate to find common ground on issues such as prohibiting data transfer restrictions, avoiding data localization, and limiting source code disclosure. Analyzing major global trade agreements, this study identifies norms relevant to shaping South Korea's personal data protection framework. In global digital trade, the United States, the European Union, and China hold divergent views on data transfers. However, the majority of countries and digital trade agreements have reached a stage where they allow cross-border data transfers. As a result, future discussions should pivot towards specific considerations for addressing remedies related to personal data breaches. Emphasizing the potential increase in compliance burdens on information processors due to strengthened remedies and responsibilities for personal data protection, the study strongly advocates for adopting a balanced approach. This approach is crucial for safeguarding the rights of information subjects while simultaneously acknowledging the obligations of personal data processors.