• brussels effect
• comparative law
• data protection
• international data transfers
• Latin America

The movement of data across borders is the backbone of today’s digital, globally connected world, yet its regulation remains fragmented and contested. This challenge is especially visible in Latin America, where outdated statutes coexist with reforms, and international transfers of personal data remain unsettled. Despite this asymmetry, the region shows a strong desire to modernize its frameworks and align with global standards. This dissertation sheds new light on whether this phenomenon is primarily explained by the influence of the European Union’s General Data Protection Regulation (GDPR) and ‘the Brussels Effect’, or whether it is shaped by external models that intersect with domestic limitations, such as limited political will to design frameworks tailored to local needs.
The central objective of the study is to analyze the extent of ‘Europeanization’ in Latin American frameworks for international data transfers, exploring whether legal transplants reflect normative convergence with the European Union’s human-centric approach or strategic considerations shaped by trade and unilateral regulations. The thesis also interrogates whether reliance on the European model is suitable, or if imposing a one-size-fits-all framework risks neglecting local institutional realities. The inquiry highlights the tension between regulatory convergence and domestic innovation, with implications for digital sovereignty and regional autonomy.
Methodologically, the research employs a comparative qualitative approach, combining legal analysis with the OECD’s Digital STRI to assess levels of convergence and restriction. Four case studies, Uruguay, Mexico, Chile, and El Salvador, illustrate the region’s diverse responses and provide lessons on both the opportunities and risks of alignment.
The dissertation is structured into six chapters, concluding with reflections on how Latin America might reconcile external influence with domestic priorities. It highlights how external models shape domestic reforms and how selective borrowing may help build trusted frameworks that advance both cross-border trust and autonomy.