Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute

(2019) 22(3) Journal of International Economic Law

29 Pages Posted: 8 Jun 2019

See all articles by Andrew D. Mitchell

Andrew D. Mitchell

University of Melbourne - Law School

Neha Mishra

University of Melbourne, Law School, Students

Date Written: May 17, 2019

Abstract

While the free cross-border movement of data is essential to many aspects of international trade, several countries have imposed restrictions on these data flows. The pre-internet rules of the World Trade Organization (‘WTO’) discipline some of these restrictions, but they are insufficient. Unfortunately, so are the electronic commerce chapters in modern preferential trade agreements. This article argues that reformed WTO rules, that take account of the policy challenges of the data-driven economy, are required. These reforms would facilitate internet openness while ensuring consumer and business trust, promote digital inclusion of developing countries and incorporate clear exceptions for legitimate domestic policies.

Keywords: data flows, data regulation, trade, electronic commerce, WTO, preferential trade agreements, trust, digital inclusion, developing countries

JEL Classification: K33, F13

Suggested Citation

Mitchell, Andrew D. and Mishra, Neha, Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute (May 17, 2019). (2019) 22(3) Journal of International Economic Law. Available at SSRN: https://ssrn.com/abstract=3390038

Andrew D. Mitchell (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia
+61383441098 (Phone)
+61393472392 (Fax)

HOME PAGE: http://www.law.unimelb.edu.au/staff/Andrew%20Mitchell

Neha Mishra

University of Melbourne, Law School, Students ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria
Australia

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