Data Flows In Trade Agreements

To build trust in the management of data flows in international trade, a number of organizations need to play a role at the sectoral, national, regional and international levels. This could mean that data protection authorities cooperate, that trade agreements set mutual expectations or that international bodies set standards. But apart from a few initiatives, no one yet knows what roles they should play, who will play them and which countries will participate. The EU General Data Protection Regulation (GDPR) provides mechanisms (e.g..B adequacy decisions1) for the international transfer of personal data from the EU. Free trade agreements (FTAs) should include provisions to ensure cross-border flows of incoming data and avoid datalocation requirements. Since 2003, at least 70 free trade agreements (FTA) have contained a chapter on electronic commerce. For example, the U.S.-Korea Free Trade Agreement contains the first explicit general obligation regarding cross-border data flows. The ODI will make its additional contributions in the new year. Countries and regions are not the only ones in the world and they need to find ways to cooperate with others on how to process data so that they can have an economic exchange. But should they do so by agreeing on standards with one or a small number of other countries; the establishment of regional bodies; or for an international standard? Among the existing responses, as the opportunities offered by digital technologies are increasing, governments and regulators need to decide how they can benefit from digitalisation while preserving the integrity of their national rules.

In this context, data localization has increased significantly worldwide. International trade requires the exchange of data between countries, but this raises concerns about privacy, governance of data flows, and trust. These and other issues were recently discussed at the World Trade Organization`s 2019 Public Forum. . . .