Abstract:
Since the advent of e-commerce, digital trade has relied on cross-border transfers of data. Today’s digital economy is heavily dependent on cross-border data transfers. This article explains the importance of cross-border data flows and examines the measures that international trade negotiators have taken to secure the free flow of data. Just as the technologies that we rely on for digital transactions have advanced, so too have the policy and regulatory measures that support cross-border data transfers. New versions of these measures have emerged as digital trade agreements (“DTAs”) are signed to supplement free trade agreements. This article uses the Digital Economy Partnership Agreement to illustrate how DTAs have developed to support innovative transfer mechanisms and examines some of these new developments that aim to promote convergence and interoperability.