Approaches to Digital Trade and Data Flow Regulation Across Jurisdictions: Implications for the Future ASEAN-EU Agreement

Abstract

In the last two decades the venue of free trade agreements has turned into an important platform for digital trade rule-making. Yet, the approaches of individual states differ profoundly and the emerging data governance regime is deeply fragmented.The article seeks tomap these developments by looking at selected preferential trade agreements (PTAs) and their design. The enquiry focuses on the United States (US) and European Union (EU) approaches and discusses the differing stances with regard to data flows regulation in particular, while highlighting innovative solutions found in recent trade deals, such as the Comprehensive and Progressive Agreement for Transpacific Partnership (CPTPP) and the United States Mexico Canada Agreement (USMCA). The article then provides an overview of ASEAN’s initiatives with respect to electronic commerce. Against this backdrop, the article evaluates the prospects of digital trade related rules in the future ASEAN-EU agreement. CPTPP, electronic commerce, EU FTAs, data flows, digital trade, RCEP, USMCA