Governing Cross-Border Data Flows: International trade agreements and their limits

Описание: Moderator:
Dr. Christopher Decker (Research Fellow at Oxford University, OXGS Fellow)

Speakers:
Prof. Susan Ariel Aaronson (Research Professor and the Director of the Digital Trade and Data Governance Hub at George Washington University, USA)

Prof. Mira Burri (Professor of International Economic and Internet Law, University of Lucerne, Switzerland)

Dr. Yik Chan Chin (Associate Professor at Beijing Normal University, China; OXGS Associate Fellow)

Dr. Mansi Kedia (Senior Fellow at the Indian Council for Research on International Economic Relations, India)

Event description:
The increasing digitisation of the economy and the emergence of global e-commerce have focused attention on the rules governing the cross-border flow of data. Currently, the rules for cross-border data sharing in different jurisdictions reflect a balancing of various rights, interest, and wider policy considerations (such as privacy, security and economic integration). The US has chosen to actively promote the free flow of data across borders. The EU has adopted more stringent rules that prioritise the protection of personal data rights through the GDPR. China’s cross-border data flow policy is closely tied with data sovereignty, national security and increasingly personal data protection. The rules in developing countries can often reflect industry policy considerations.

The different approaches to cross-border data flows raises two fundamental questions for international trade agreements. First, is the different data governance paradigms of major trading countries such as the US, China and the EU creating a new “digital divide” and restricting trade, including between developed and developing economies? Second, can (or should) any form of international cooperation on cross-border data sharing rules emerge through bilateral or regional trade agreements or is it possible for a multilateral and uniform international agreement on cross-border data flows?

Among the main topics that will be discussed in the webinar are:

What are the main considerations that have shaped the rules for cross-border data sharing in major economies such as the US/EU/China and elsewhere?
What are the areas of difference/divergence between the cross-border data rules in US/EU/China and elsewhere?
How feasible is the idea of developing a common international approach to cross-border data sharing, and what would need to happen to enable some convergence of the rules or to develop a common approach?
What institutional arrangements would need to be created to monitor and implement such common approach?
What are the risks of not developing a common international approach: will it lead to a digital divide? Would bilateral or regional trade agreements be adequate?