Restrictions on Cross-Border Data Flows: A Taxonomy

ECIPE Working Paper No. 1/2017

27 Pages Posted: 21 Dec 2017

See all articles by Martina Ferracane

Martina Ferracane

University of Hamburg - Institute of Law and Economics; European Centre for International Political Economy (ECIPE); University of California, Davis

Date Written: November 18, 2017

Abstract

Strict privacy regimes, requests to use local data centres and outright bans to transfer data abroad are a few examples of policies imposed recently that restrict data from crossing national or regional borders. This paper is the first one to propose a comprehensive taxonomy of these restrictions, which has a bearing on international trade law.

Restrictions on cross-border data flows may affect countries’ legal commitments under various trade agreements, including the General Agreement on Trade in Services (GATS). This taxonomy can be the basis of further legal and economic research to assess the legitimacy and necessity of these under international trade law.

Keywords: digital trade, data flows, GATS

JEL Classification: K1, K33

Suggested Citation

Ferracane, Martina, Restrictions on Cross-Border Data Flows: A Taxonomy (November 18, 2017). ECIPE Working Paper No. 1/2017, Available at SSRN: https://ssrn.com/abstract=3089956 or http://dx.doi.org/10.2139/ssrn.3089956

Martina Ferracane (Contact Author)

University of Hamburg - Institute of Law and Economics ( email )

Johnsallee 35
Hamburg, 20148
Germany

European Centre for International Political Economy (ECIPE) ( email )

Rue Belliard 4-6
Brussels, 1040
Belgium

University of California, Davis ( email )

Martin Luther King Jr. Hall
Davis, CA 95616
United States

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