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

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  • Andrew D Mitchell
  • Neha Mishra

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, which 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, promoting digital inclusion of developing countries, and incorporating clear exceptions for legitimate domestic policies.

Suggested Citation

  • Andrew D Mitchell & Neha Mishra, 2019. "Regulating Cross-Border Data Flows in a Data-Driven World: How WTO Law Can Contribute," Journal of International Economic Law, Oxford University Press, vol. 22(3), pages 389-416.
    • Handle: RePEc:oup:jieclw:v:22:y:2019:i:3:p:389-416.
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    File URL: http://hdl.handle.net/10.1093/jiel/jgz016
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    Cited by:

    1. Frederic Boissay & Torsten Ehlers & Leonardo Gambacorta & Hyun Song Shin, 2021. "Big Techs in Finance: On the New Nexus Between Data Privacy and Competition," Springer Books, in: Raghavendra Rau & Robert Wardrop & Luigi Zingales (ed.), The Palgrave Handbook of Technological Finance, pages 855-875, Springer.
    2. Xiying Zhang & Yihuan Wang, 2022. "Research on the Influence of Digital Technology and Policy Restrictions on the Development of Digital Service Trade," Sustainability, MDPI, vol. 14(16), pages 1-16, August.
    3. Shin-yi Peng, 2022. "Public–Private Interactions in Privacy Governance," Laws, MDPI, vol. 11(6), pages 1-13, October.

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