{ "agreements": [ { "treaty-name": "Agreement on Digital Trade between the European Union and the Republic of Korea", "short-name": "EU-KOR (2026)", "description": "A stand-alone digital trade agreement built on the EU's horizontal model for data flows. It prohibits data localisation and computing-facility requirements through a closed list of banned measures, bans prior approval of data transfers and customs duties on electronic transmissions, and protects source code, subject to a legitimate-public-policy exception, a financial-data carve-out preserving parts of Korea's electronic financial transactions regime, and the general and security exceptions of the 2010 EU-Korea FTA. Personal data protection is framed as a right, with regulatory autonomy preserved, and the data flow rules are subject to review within three years of entry into force.", "date-signed": "2026-06-10", "date-effective": "", "parties": [ { "country-name": "European Union", "country-code": "EU" }, { "country-name": "Korea, Republic of", "country-code": "KOR" } ], "agreement-type": "Bilateral", "agreement-subtype": "Digital Economy Agreement", "status": "Not In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 7. Customs Duties on Electronic Transmissions", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions." }, { "full-name": "Article 7. Customs Duties on Electronic Transmissions", "description": "", "text": ">>2. For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, in a manner not inconsistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict cross-border transfer of data between the Parties, by: \n>>>(a) requiring the use of computing facilities or network elements in the Party's territory for processing of data, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of the Party;" }, { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict cross-border transfer of data between the Parties, by: \n>>>(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Party's territory or upon localisation requirements in the Party's territory;" } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 28. General Exceptions", "description": "Incorporates by reference the exceptions of the 2010 EU-Korea Free Trade Agreement.", "text": ">>Article 2.15 (General Exceptions) and Article 7.50 (Exceptions) of the Free Trade Agreement shall apply to this Agreement, mutatis mutandis." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 29. Security Exceptions", "description": "Incorporates by reference the security exceptions of the 2010 EU-Korea Free Trade Agreement.", "text": ">>Article 15.9 (Security Exceptions) of the Free Trade Agreement shall apply to this Agreement, mutatis mutandis." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict cross-border transfer of data between the Parties, by: \n>>>(b) requiring the localisation of data in the Party's territory for storage or processing;" }, { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict cross-border transfer of data between the Parties, by: \n>>>(c) prohibiting storage or processing of data in the territory of the other Party;" }, { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict cross-border transfer of data between the Parties, by: \n>>>(e) prohibiting the transfer of data into the territory of the Party;" } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring cross-border transfer of data to facilitate digital trade, while recognising that each Party may have its own regulatory requirements in that regard." } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>6. The Parties shall keep the implementation of this Article under review and assess its functioning within three years of the entry into force of this Agreement. A Party may at any time request from the other Party to review the list of restrictions listed in paragraph 2. Such request shall be accorded sympathetic consideration." } ] }, "NoPriorAuthorisation": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict cross-border transfer of data between the Parties, by: \n>>>(f) requiring the approval of the Party prior to the transfer of data to the territory of the other Party. \n>>>>(6) For greater certainty, point (f) of paragraph 2 does not prevent a Party from: (a) subjecting the use of a specific transfer instrument or a particular cross-border transfer of data to approval on grounds relating to the protection of personal data and privacy, in compliance with Article 6; (b) requiring the certification or conformity assessment of Information Communications Technology products, services and processes, including Artificial Intelligence, before their commercialisation or use in its territory, to ensure compliance with laws and regulations consistent with this Agreement or for cybersecurity purposes, in compliance with paragraph 3 of this Article and Articles 6(4), 27 (Prudential Carve-Out), 28 (General Exceptions) and 29 (Security Exceptions); or (c) requiring that entities processing data protected by intellectual property rights or confidentiality obligations resulting from the laws and regulations of a Party consistent with this Agreement, respect such rights or obligations when transferring the data across borders, including with regard to access requests by courts and authorities of third countries, in compliance with Article 28 (General Exceptions)." }, { "full-name": "Article 8. No Prior Authorisation", "description": "", "text": ">>A Party shall endeavour not to require prior authorisation solely on the ground that a service is provided online, or adopt or maintain any other requirement having an equivalent effect." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>4. This Article applies to the cross-border transfer of financial data by a financial service supplier where processing of such data is required in the ordinary course of business of such financial service supplier. Points (a) to (d) of paragraph 2 shall not apply to the provisions laid down in Article 11(1), and Article 14-2(7), of Korea's Regulation on Supervision of Electronic Financial Transactions (Korea Financial Services Commission Notice No.2025-4, February 5, 2025) implementing the Electronic Financial Transactions Act (Law No.19734, September 14, 2023). \n>>>(9) Measures adopted or maintained pursuant to the provisions referred to in this paragraph may not prohibit the transfer of financial data in any form for data processing outside the territory of Korea.", "$comment": "See also Article 27 (Prudential Carve-Out)." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information or the use or location of computing facilities greater than are necessary to achieve the objective. \n>>>>(7) For the purposes of this Article, \"legitimate public policy objective\" shall be interpreted in an objective manner and shall enable the pursuit of objectives such as the protection of public security, public morals, or human, animal or plant life or health, the maintenance of public order, the protection of other fundamental interests of society such as online safety, cybersecurity, safe and trustworthy artificial intelligence, or the protection against the dissemination of disinformation, or other similar objectives of public interest, taking into account the evolving nature of digital technologies." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 6. Protection of Personal Data and Privacy", "description": "", "text": ">>5. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures on the protection of personal data and privacy, including with respect to cross-border transfer of personal data, provided that the law of the Party provides for instruments enabling such transfers under conditions of general application for the protection of the data transferred." }, { "full-name": "Article 3. Right to Regulate", "description": "", "text": ">>The Parties reaffirm the right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, social services, public education, safety, the environment including climate change, public morals, social or consumer protection, privacy and data protection, or the promotion and protection of cultural diversity." } ] }, "IndigenousData": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 16. Open Government Data", "description": "", "text": ">>1. The Parties recognise that facilitating public access to, and use of, government data contributes to stimulating economic and social development, competitiveness, productivity and innovation." }, { "full-name": "Article 16. Open Government Data", "description": "", "text": ">>2. To the extent that a Party chooses to make government data digitally available for public access and use, it shall endeavour to ensure that the data is: \n>>>(a) in a format that allows it to be easily searched, retrieved, used, reused, and redistributed; \n>>>(b) made available in a machine-readable and, where relevant, spatially-enabled format; \n>>>(c) accompanied by metadata, which is as standard as possible; \n>>>(d) made available via reliable, user-friendly and freely available application programming interfaces, to the extent possible; \n>>>(e) regularly updated; \n>>>(f) not subject to conditions that are discriminatory or that unnecessarily restrict re-use; and \n>>>(g) made available for reuse in full compliance with a Party's personal data protection rules, including appropriate anonymisation." }, { "full-name": "Article 16. Open Government Data", "description": "", "text": ">>3. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to, and use of, government data that the Party has made public, with a view to enhancing and generating business opportunities, beyond its use by the public sector." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 11. Source Code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, the source code of software owned by a natural or juridical person of the other Party, as a condition for the import, export, distribution, sale or use of such software, or of products containing such software, in or from its territory." }, { "full-name": "Article 11. Source Code", "description": "", "text": ">>2. For greater certainty: \n>>>(a) Article 27 (Prudential Carve-Out), Article 28 (General Exceptions) and Article 29 (Security Exceptions) may apply to measures of a Party adopted or maintained in the context of a certification procedure; \n>>>(b) paragraph 1 does not apply to the voluntary transfer of, or granting of access to, source code of software by a natural or juridical person of the other Party on a commercial basis, such as in the context of a public procurement transaction or other freely negotiated contracts; and \n>>>(c) paragraph 1 does not affect the right of regulatory authorities, law enforcement or judicial bodies of a Party to require the modification of source code of software to comply with its laws or regulations that are not inconsistent with this Agreement." }, { "full-name": "Article 11. Source Code", "description": "", "text": ">>3. Nothing in this Article shall affect: \n>>>(a) the right of regulatory authorities, law enforcement, judicial or conformity assessment bodies of a Party to require the transfer of, or access to, source code of software, either prior to or following import, export, distribution, sale or use of such software, for investigation, inspection or examination, enforcement action or judicial proceeding purposes, to secure compliance with its laws and regulations pursuing legitimate public policy objectives, subject to safeguards against unauthorised disclosure; \n>>>(b) the requirements by a court, administrative tribunal, competition authority, or other relevant body of a Party to remedy a violation of competition law or requirements pursuant to a Party's laws or regulations that are not inconsistent with this Agreement to provide proportionate and targeted access to the source code of software that is necessary to address barriers to entry in digital markets to ensure these markets remain competitive, fair, open and transparent; \n>>>(c) the protection and enforcement of intellectual property rights; or \n>>>(d) the right of a Party to take measures in accordance with Article III of the WTO Agreement on Government Procurement." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Digital Economy Agreement between the EFTA States and the Republic of Singapore", "short-name": "EFTA-SGP (2025)", "description": "A digital economy agreement amending the 2002 EFTA-Singapore FTA with a comprehensive digital trade chapter. It contains hard cross-border data flow and localisation commitments with a legitimate-public-policy exception and three-year review, a financial-services carve-out paired with a dedicated computing-facilities regime for financial service suppliers, customs duties prohibition, source code and cryptography protections, open government data, artificial intelligence and digital standards cooperation, and chapter-specific general, security and critical-public-infrastructure exceptions.", "date-signed": "2025-09-25", "date-effective": "", "parties": [ { "country-name": "Iceland", "country-code": "ISL" }, { "country-name": "Liechtenstein", "country-code": "LIE" }, { "country-name": "Norway", "country-code": "NOR" }, { "country-name": "Switzerland", "country-code": "CHE" }, { "country-name": "Singapore", "country-code": "SGP" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Digital Economy Agreement", "status": "Not In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" }, { "provision-name": "Digital Trade Standards", "provision-code": "ts_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 36-W. Artificial Intelligence", "description": "", "text": ">>2. The Parties recognise that governance and policy frameworks and corresponding standards that promote interoperability and take into account relevant international principles, guidelines and standards, are needed for the ethical, trusted, safe, and responsible development and use of AI, and that such frameworks and standards will help realise the benefits of these technologies. To this end, the Parties recognise the importance of: \n>>>(a) taking into account the principles, guidelines and standards of relevant international bodies; \n>>>(b) utilising risk-based approaches to frameworks and regulation that are based on industry-led standards and risk management best practices; and \n>>>(c) having regard to the principles of technological interoperability and technological neutrality." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 36-D. Customs Duties", "description": "", "text": ">>1. No Party shall impose customs duties on electronic transmissions, including content transmitted electronically." }, { "full-name": "Article 36-D. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees, or other charges on electronic transmissions, including content transmitted electronically, provided that they are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 36-M. Cross-border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(a) requiring the use of computing facilities or network elements in the Party's territory for processing of data, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of the Party;" }, { "full-name": "Article 36-M. Cross-border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(d) making the cross-border transfer of data contingent upon the use of computing facilities or network elements in the Party's territory or upon localisation requirements in the Party's territory;" }, { "full-name": "Article 5bis of Annex VIII. Location of Computing Facilities for Financial Services", "description": "", "text": ">>3. No Party shall require a financial service supplier to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory provided that the Party's financial regulatory or supervisory authorities have timely access to the necessary data for fulfilling their supervisory tasks." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 36-Q. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: \n>>>(a) transfer or provide access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the Party or a person in the Party's territory; \n>>>(b) partner with a person in its territory; or \n>>>(c) use or integrate a particular cryptographic algorithm, \nother than where the manufacture, sale, distribution, import or use of the product is by or for the Party." }, { "full-name": "Article 36-Q. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>4. Paragraph 2 shall not apply to: \n>>>(a) requirements that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by the government of that Party, including those of central banks; \n>>>(b) measures taken by a Party pursuant to supervisory, investigatory or examination authority relating to financial institutions or markets; or \n>>>(c) requirements by a regulatory body or judicial authority of a Party in respect of any information to which paragraph 2 applies for an investigation, inspection, examination, enforcement action or a judicial proceeding, subject to safeguards against unauthorised disclosure." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 36-AB. General Exceptions", "description": "", "text": ">>1. For the purposes of this Chapter, Article XX of the GATT 1994 and its interpretive notes and Article XIV (a)-(c) of the GATS apply and are hereby incorporated into and made part of this Agreement, mutatis mutandis. \n>>2. The Parties understand that the measures referred to in Article XX (b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX (g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 36-AC. Security Exceptions", "description": "Incorporates by reference the security exceptions of the underlying EFTA-Singapore FTA.", "text": ">>Articles 20 and 34 shall apply, mutatis mutandis, to this Chapter." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 36-M. Cross-border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(b) requiring the localisation of data in the Party's territory for storage or processing;" }, { "full-name": "Article 36-M. Cross-border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(c) prohibiting storage or processing of data in the territory of another Party;" }, { "full-name": "Article 36-M. Cross-border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(e) prohibiting the transfer of data into the territory of the Party. \n>>>>(10) For greater certainty, requirements listed in sub-paragraphs (a) to (d) do not prevent a Party from requiring storage of accounting and bookkeeping information in its territory, as long as cross-border data flows are permitted." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 36-M. Cross-border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring the cross-border transfer of data by electronic means where this activity is for the conduct of business under this Agreement." } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 36-M. Cross-border Data Flows", "description": "", "text": ">>3. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the entry into force of the Digital Economy Agreement between the EFTA States and Singapore done at Bern, Switzerland, on 25 September 2025. A Party may at any time propose to the other Parties to review the list of restrictions listed in paragraph 2, including if it or another Party has agreed not to adopt or maintain other types of measures in addition to those listed in paragraph 2 in a future bilateral or multilateral agreement. Such request shall be accorded sympathetic consideration." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 36-M. Cross-border Data Flows", "description": "#[[legitimate public policy objective]]", "text": ">>4. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are necessary to achieve the objective. \n>>>>(11) For the purposes of this Article, \"legitimate public policy objective\" shall be interpreted in an objective manner and shall enable the pursuit of objectives such as the protection of public security, public morals, human, animal or plant life or health, the maintenance of public order or other objectives of public interest, taking into account the evolving nature of digital technologies and related challenges." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 36-M. Cross-border Data Flows", "description": "Financial service suppliers are carved out of the general data flows article and covered instead by a dedicated computing-facilities regime in Annex VIII.", "text": ">>5. This Article shall not apply with respect to a \"financial service supplier\", as defined in paragraph II of Article 1 of Annex VIII.", "$comment": "See Article 5bis of Annex VIII (Location of Computing Facilities for Financial Services), coded under `cl_provisions`." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 36-L. Personal Data Protection", "description": "", "text": ">>2. To this end, each Party shall adopt or maintain a legal framework that provides for the effective protection of the personal data of individuals in digital trade. \n>>3. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures under its legal framework referred to in paragraph 2 that it deems appropriate, including through the adoption and application of rules for the cross-border transfer of personal data, provided that the laws and regulations of that Party provide for instruments enabling transfers under conditions of general application for the protection of the data transferred." } ] }, "EssentialSecurityInterests": { "applicable": true, "details": [ { "full-name": "Article 36-AD. Protection of Critical Public Infrastructure", "description": "", "text": ">>1. Nothing in this Chapter shall be construed to prevent a Party from taking any action which it considers necessary to protect its essential security interests with regard to the protection of critical public infrastructure, such as communications, power, water and transportation infrastructure providing essential goods or services, from deliberate attempts to disable or degrade it. \n>>2. For greater certainty, this Article does not affect the interpretation of other exceptions in this Agreement or the right of a Party to invoke any of them." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 36-I. Open Government Data", "description": "", "text": ">>3. The Parties recognise that facilitating public access to and use of government data fosters economic and social development, competitiveness and innovation. To this end, the Parties are encouraged to expand the coverage of such data, such as through engagement and consultation with interested stakeholders." }, { "full-name": "Article 36-I. Open Government Data", "description": "", "text": ">>4. To the extent that a Party chooses to make government data digitally available for public access and use, a Party shall endeavour, to the extent practicable, to ensure that such data is: \n>>>(a) made available in a machine-readable and open format; \n>>>(b) searchable and retrievable; \n>>>(c) updated, as applicable, in a timely manner; and \n>>>(d) accompanied by metadata that is based on commonly used formats that allow the user to understand and utilise the data." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 36-P. Source Code", "description": "", "text": ">>1. No Party shall require the transfer of, or access to, the source code of software or parts thereof owned by a natural or juridical person of another Party as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory. \n>>>(13) For greater certainty, the Parties understand that this Article shall not prevent a Party from requiring the disclosure of source code in patent applications and patent grant procedures." } ] }, "ts_provisions": { "applicable": true, "details": [ { "full-name": "Article 36-X. Standards, Technical Regulations and Conformity Assessment Procedures", "description": "", "text": ">>1. The Parties shall, where appropriate, encourage the adoption of international or internationally recognised standards relating to the digital economy. In emerging areas of mutual interest in the digital economy, the Parties shall also, where appropriate: \n>>>(a) participate and cooperate in fora that all the Parties are party to, to promote the development of standards; and \n>>>(b) in areas where no such standards exist, jointly explore cooperation towards recognising the standards developed by the other Parties." } ] } } ] }, { "treaty-name": "Digital Trade Agreement between the European Union and the Republic of Singapore", "short-name": "EU-SGP DTA (2025)", "description": "The EU's first stand-alone bilateral digital trade agreement, complementing the 2019 EU-Singapore FTA. It follows the EU's horizontal model: a closed list of prohibited data localisation and computing-facility measures qualified by a legitimate-public-policy exception and a three-year review, no prior authorisation of online services, a customs duties prohibition, source code protection, open government data and digital standards cooperation, with personal data protection framed as a right and the FTA's general and security exceptions applying mutatis mutandis.", "date-signed": "2025-05-07", "date-effective": "2026-02-01", "parties": [ { "country-name": "European Union", "country-code": "EU" }, { "country-name": "Singapore", "country-code": "SGP" } ], "agreement-type": "Bilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" }, { "provision-name": "Digital Trade Standards", "provision-code": "ts_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 7. Customs Duties", "description": "", "text": ">>The Parties shall not impose customs duties on electronic transmissions." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(a) requiring the use of computing facilities or network elements in the Party's territory for processing of data, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of the Party;" }, { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Party's territory or upon localisation requirements in the Party's territory;" } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 29. General Exceptions", "description": "Incorporates by reference the exceptions of the 2019 EU-Singapore Free Trade Agreement.", "text": ">>Articles 2.14 (General Exceptions) and 8.62 (General Exceptions) of the Free Trade Agreement shall apply mutatis mutandis to this Agreement." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 30. Security Exceptions", "description": "Incorporates by reference the security exceptions of the 2019 EU-Singapore Free Trade Agreement.", "text": ">>Article 16.11 (Security Exceptions) of the Free Trade Agreement shall apply mutatis mutandis to this Agreement." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(b) requiring the localisation of data in the Party's territory for storage or processing;" }, { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(c) prohibiting storage or processing of data in the territory of the other Party;" }, { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of data set out in paragraph 1 by: \n>>>(e) prohibiting the transfer of data into the territory of the Party." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring the cross-border transfer of data by electronic means where this activity is for the conduct of the business of a covered person." } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "", "text": ">>3. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the entry into force of this Agreement. A Party may at any time propose to the other Party to review the list of restrictions listed in paragraph 2, including if the other Party has agreed not to adopt or maintain other types of measures in addition to those listed in paragraph 2 in a future bilateral or multilateral agreement. Such request shall be accorded sympathetic consideration." } ] }, "NoPriorAuthorisation": { "applicable": true, "details": [ { "full-name": "Article 8. No Prior Authorisation", "description": "", "text": ">>1. A Party shall not require prior authorisation solely on the ground that a service is provided online, or adopt or maintain any other requirement having an equivalent effect. \n>>2. Paragraph 1 does not apply to telecommunications services, broadcasting services, gambling services, legal representation services, or services of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 5. Cross-Border Data Flows", "description": "#[[legitimate public policy objective]]", "text": ">>4. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are necessary to achieve the objective. \n>>>>(6) For the purpose of this Article, \"legitimate public policy objective\" shall be interpreted in an objective manner and shall enable the pursuit of objectives such as to protect public security, public morals, or human, animal or plant life or health, to maintain public order, to protect other fundamental interests of society such as social cohesion, online safety, cybersecurity, safe and trustworthy artificial intelligence, or protecting against the dissemination of disinformation, or other comparable objectives of public interest, taking into account the evolving nature of digital technologies and related challenges." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 6. Personal Data Protection", "description": "", "text": ">>11. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures under its respective legal framework referred to in paragraph 2 that it deems appropriate, including through the adoption and application of rules for the cross-border transfer of personal data, provided that the law of the Party provides for instruments enabling transfers under conditions of general application for the protection of the data transferred." }, { "full-name": "Article 3. Right to Regulate", "description": "", "text": ">>The Parties reaffirm their right to regulate within their territories to achieve legitimate policy objectives, such as the protection of public health, social services, public education, safety, environment or public morals, social or consumer protection, privacy and data protection, and the promotion and protection of cultural diversity." } ] }, "FinancialDataProtection": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No financial-data-specific data flow provision. But see Article 28 (Prudential Carve-Out)." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 16. Open Government Data", "description": "", "text": ">>2. The Parties recognise that facilitating public access to and use of government data fosters economic and social development, competitiveness, productivity and innovation. To this end, Parties are encouraged to expand the coverage of such data, such as through engagement and consultation with interested stakeholders." }, { "full-name": "Article 16. Open Government Data", "description": "", "text": ">>3. To the extent that a Party chooses to make government data digitally available for public access and use, it shall endeavour to ensure that such data is: \n>>>(a) made available in a machine-readable and open format; \n>>>(b) made available in a spatially-enabled format where relevant; \n>>>(c) in a format that allows it to be easily searched, retrieved, used, reused and redistributed; \n>>>(d) made available via reliable, user-friendly and freely available application programming interfaces; \n>>>(e) made available for reuse in full compliance with a Party's personal data protection rules; \n>>>(f) updated, as applicable, in a timely manner; \n>>>(g) accompanied by metadata that is, to the extent possible, based on commonly used formats that allow the user to understand and utilise the data; and \n>>>(h) made generally available at no or reasonable cost to the user." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 11. Source Code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, the source code of software owned by a natural or juridical person of the other Party as a condition for the import, export, distribution, sale or use of such software, or of products containing such software, in or from its territory." }, { "full-name": "Article 11. Source Code", "description": "", "text": ">>2. For greater certainty: \n>>>(a) Article 28 (Prudential Carve-Out), Article 29 (General Exceptions) and Article 30 (Security Exceptions) may apply to measures of a Party adopted or maintained in the context of a certification procedure; \n>>>(b) paragraph 1 does not apply to the voluntary transfer of, or granting of access to, source code of software by a natural or juridical person of the other Party on a commercial basis, such as in the context of a public procurement transaction or other freely negotiated contracts, or under open source licenses such as in the context of open source software; and \n>>>(c) paragraph 1 does not affect the right of regulatory, law enforcement or judicial bodies of a Party to require the modification of source code of software to comply with its laws or regulations that are not inconsistent with the Agreement." }, { "full-name": "Article 11. Source Code", "description": "", "text": ">>3. Nothing in this Article shall affect: \n>>>(a) the right of regulatory authorities, law enforcement, judicial or conformity assessment bodies of a Party to require the transfer of, or access to, source code of software, either prior to or following import, export, distribution, sale or use of such software, for investigation, inspection or examination, enforcement action or judicial proceeding purposes, to secure compliance with its laws or regulations pursuing legitimate public policy objectives, subject to safeguards against unauthorised disclosure; \n>>>(b) the requirements by a court, administrative tribunal, competition authority, or other relevant body of a Party to remedy a violation of competition law, or requirements pursuant to a Party's laws or regulations that are not inconsistent with the Agreement to provide proportionate and targeted access to the source code of software that is necessary to address barriers to entry in digital markets to ensure these markets remain competitive, fair, open and transparent; \n>>>(c) the protection and enforcement of intellectual property rights; or \n>>>(d) the right of a Party to take measures in accordance with Article 9.3 (Security and General Exceptions) of the Chapter on Government Procurement of the Free Trade Agreement, which shall apply mutatis mutandis to this Article." } ] }, "ts_provisions": { "applicable": true, "details": [ { "full-name": "Article 23. Standards, Technical Regulations and Conformity Assessment Procedures", "description": "", "text": ">>2. The Parties recognise the importance and contribution of standards, technical regulations and conformity assessment procedures in fostering a well-functioning digital economy, and reducing barriers to digital trade by increasing compatibility, interoperability and reliability. \n>>3. The Parties shall encourage their respective bodies to participate and cooperate in areas of mutual interest at international fora to which both Parties are party, to promote the development and use of international standards relating to digital trade. In emerging areas of mutual interest in the digital economy, the Parties shall also endeavour to do so for services relevant to digital trade." } ] } } ] }, { "treaty-name": "Comprehensive Economic Partnership Agreement between New Zealand and the United Arab Emirates", "short-name": "NZL-UAE (2025)", "description": "New Zealand's first CEPA with a Gulf state. Its digital trade chapter (Chapter 10) contains hard cross-border data flow and computing-facilities localisation commitments qualified by a legitimate-public-policy exception, a customs duties prohibition, non-discrimination of digital products, cryptography protections, personal data protection and open data provisions, but no source code article. The chapter is scoped out for financial services and carries an unusual chapter-level Maori carve-out, alongside treaty-wide general, security and Tiriti o Waitangi / Treaty of Waitangi exceptions.", "date-signed": "2025-01-14", "date-effective": "2025-08-28", "parties": [ { "country-name": "New Zealand", "country-code": "NZL" }, { "country-name": "United Arab Emirates", "country-code": "ARE" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.4. Customs Duties", "description": "", "text": ">>1. A Party shall not impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 10.4. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.15. Location of Computing Facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 10.15. Location of Computing Facilities", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.6. Information and Communication Technology that Uses Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: \n>>>(a) transfer or provide access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the Party or a person in the Party's territory; \n>>>(b) partner with a person in its territory; or \n>>>(c) use or integrate a particular cryptographic algorithm or cipher, other than where the manufacture, sale, distribution, import or use of the product is by or for the government of the Party." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 21.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 7 (Technical Barriers to Trade), and Chapter 10 (Digital Trade), Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis. \n>>2. For the purposes of Chapter 9 (Trade in Services) and Chapter 10 (Digital Trade), Article XIV of the GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 21.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or \n>>>(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>>(i) relating to fissionable and fusionable materials or the materials from which they are derived; \n>>>>(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; \n>>>>(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; \n>>>>(iv) taken in time of war or other emergency in international relations; or \n>>>(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 21.4. Tiriti o Waitangi / Treaty of Waitangi", "description": "", "text": ">>1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods, trade in services, and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under te Tiriti o Waitangi / the Treaty of Waitangi." }, { "full-name": "Article 10.3. General Provisions", "description": "Chapter-level carve-out for Maori-related measures within the digital trade chapter itself.", "text": ">>2. This Chapter shall not apply: \n>>>(e) to measures adopted or maintained by New Zealand that it deems necessary to protect or promote Maori rights, interests, duties and responsibilities in respect of matters covered by this Chapter, including in fulfilment of New Zealand's obligations under te Tiriti o Waitangi / the Treaty of Waitangi. Chapter 20 (Dispute Settlement) does not apply to the interpretation of te Tiriti o Waitangi / the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 10.14. Cross-Border Flow of Information", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 10.14. Cross-Border Flow of Information", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 10.14. Cross-Border Flow of Information", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 10.3. General Provisions", "description": "Financial services are scoped out of the digital trade chapter (except electronic payments).", "text": ">>2. This Chapter shall not apply: \n>>>(c) except for Article 10.19, to financial services;" } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 10.3. General Provisions", "description": "", "text": ">>3. For greater certainty, the Parties affirm that measures affecting the supply of a service delivered or performed electronically are subject to the relevant provisions of Chapter 9 (Trade in Services) and its Annexes, including any exceptions or limitations set out in this Agreement that are applicable to such provisions." } ] }, "IndigenousData": { "applicable": true, "details": [ { "full-name": "Article 10.3. General Provisions", "description": "", "text": ">>2. This Chapter shall not apply: \n>>>(e) to measures adopted or maintained by New Zealand that it deems necessary to protect or promote Maori rights, interests, duties and responsibilities in respect of matters covered by this Chapter, including in fulfilment of New Zealand's obligations under te Tiriti o Waitangi / the Treaty of Waitangi. \n>>>>(3) For greater certainty, Maori rights, interests, duties and responsibilities include those relating to matauranga Maori." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.5. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. A Party shall not accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party, or to digital products of which the author, performer, producer, developer or owner is a person of the other Party, than it accords to other like digital products." }, { "full-name": "Article 10.5. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. Paragraph 1 shall not apply to the extent of any inconsistency with a Party's rights and obligations concerning intellectual property contained in Chapter 13 (Intellectual Property) or another international agreement a Party is party to. \n>>3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance. \n>>4. This Article shall not apply to broadcasting." } ] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.16. Open Data", "description": "", "text": ">>1. The Parties recognise that facilitating public access to and use of open data may foster economic and social benefit, competitiveness, productivity improvements and innovation. To the extent that a Party chooses to make open data available, it shall endeavour to ensure: \n>>>(a) that the information is appropriately anonymised, is accompanied by appropriate metadata and is in a machine readable and open format that allows it to be searched, retrieved, used, reused, and redistributed freely by the public; and \n>>>(b) to the extent practicable, that the information is regularly updated. \n>>2. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of open data, with a view to enhancing and generating business and research opportunities." } ] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates", "short-name": "AUS-UAE (2024)", "description": "Australia's first CEPA with a Gulf state, with a comprehensive digital trade chapter (Chapter 12) in the CPTPP mould: hard cross-border data flow and computing-facilities localisation prohibitions qualified by a legitimate-public-policy exception (with a financial-services carve-out and a credit-information exclusion), customs duties prohibition, source code and algorithm protection, cryptography protections for commercial ICT products, personal data protection, open government data, digital trade standards and artificial intelligence cooperation, subject to GATT/GATS-based general exceptions and a self-judging security exception.", "date-signed": "2024-11-06", "date-effective": "2025-10-01", "parties": [ { "country-name": "Australia", "country-code": "AUS" }, { "country-name": "United Arab Emirates", "country-code": "ARE" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" }, { "provision-name": "Digital Trade Standards", "provision-code": "ts_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.24. Artificial Intelligence", "description": "", "text": ">>2. The Parties also recognise the importance of developing governance and regulatory frameworks for the trusted, safe and responsible use of AI technologies to realise the benefits of AI and mitigate risks. In view of the cross-border nature of the digital economy, the Parties further acknowledge the benefits of ensuring that such frameworks are internationally aligned as far as possible. \n>>3. To this end, the Parties shall endeavour to: \n>>>(a) collaborate on and promote the development and adoption of frameworks that support the trusted, safe, and responsible use of AI technologies (\"AI Governance Frameworks\"), through relevant regional and international fora; and \n>>>(b) take into consideration internationally recognised standards, principles or guidelines when developing such AI Governance Frameworks." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.15. Customs Duties", "description": "", "text": ">>1. A Party shall not impose customs duties on electronic transmissions, including content transmitted electronically, between a person of that Party and a person of the other Party." }, { "full-name": "Article 12.15. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted digitally or electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.19. Location of Computing Facilities", "description": "", "text": ">>2. A Party shall not require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 12.19. Location of Computing Facilities", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." }, { "full-name": "Article 12.19. Location of Computing Facilities", "description": "", "text": ">>4. This Article shall not apply with respect to a \"financial service supplier\", as defined in Article 9A.1 (Definitions - Financial Services Annex)." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.20. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to transfer or provide access to proprietary information relating to the cryptography, partner with a person in its territory, or use or integrate a particular cryptographic algorithm or cipher." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 24.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers to Trade), Chapter 12 (Digital Trade) and Chapter 13 (Competition and Consumer Protection), Article XX of the GATT 1994 and its interpretative note are incorporated into and form part of this Agreement, mutatis mutandis. \n>>2. For the purposes of Chapter 9 (Trade in Services), Chapter 12 (Digital Trade), and Chapter 13 (Competition and Consumer Protection), Article XIV of the GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 24.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or \n>>>(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>>(i) relating to fissionable and fusionable materials or the materials from which they are derived; \n>>>>(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; \n>>>>(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; \n>>>>(iv) taken in time of national emergency; \n>>>>(v) taken in time of war or other emergency in international relations." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No exception provisions on indigenous data; the CEPA addresses Indigenous interests through Chapter 17 (Indigenous Peoples Trade and Investment Economic Cooperation) rather than digital trade exceptions." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 12.16. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. A Party shall not prohibit or restrict the cross-border transfer of information by electronic means, including personal data, if this activity is for the conduct of the business of a covered person." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 12.16. Cross-Border Transfer of Information by Electronic Means", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 12.16. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." }, { "full-name": "Article 12.11. Personal Data Protection", "description": "", "text": ">>2. To this end, each Party shall adopt or maintain a legal framework that provides for the protection of personal data. In the development of any legal framework for the protection of personal data, each Party should endeavour to take into account principles and guidelines of relevant international organisations including collection limitation, data quality, purpose specification, use limitation, security safeguards, transparency, individual participation, and accountability." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 12.3. Scope and General Provisions", "description": "Credit information and financial service suppliers are carved out of the data flow and localisation disciplines.", "text": ">>4. Articles 12.16 (Cross-Border Transfer of Information by Electronic Means) and 12.19 (Location of Computing Facilities) shall not apply to credit information, or related personal data, of a natural person.", "$comment": "See also Article 12.19(4) excluding financial service suppliers from the computing facilities discipline." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 12.3. Scope and General Provisions", "description": "", "text": ">>3. Articles 12.16 (Cross-Border Transfer of Information by Electronic Means) and 12.19 (Location of Computing Facilities) shall not apply to a measure to the extent that the measure is not subject to an obligation in Chapter 9 (Trade in Services), by reason of: \n>>>(a) any term, limitation, qualification, or condition, specified in a Party's commitments, or with respect to a sector that is not subject to a Party's commitments, made in accordance with Article 9.5 (Most-Favoured Nation Treatment) or Article 9.8 (Schedules of Specific Commitments); \n>>>(b) Article 9.9 (Schedules of Non-Conforming Measures and Reservations); or \n>>>(c) any exception that is applicable to that obligation." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.18. Open Government Data", "description": "", "text": ">>1. The Parties recognise that facilitating public access to and use of open government data contributes to stimulating economic and social benefit, competitiveness, productivity improvements and innovation. To the extent that a Party chooses to make available open government data, it shall endeavour to ensure: \n>>>(a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable and open format that allows it to be searched, retrieved, used, reused and redistributed freely by the public; and \n>>>(b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use and freely available APIs and is regularly updated." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.21. Source Code", "description": "", "text": ">>1. A Party shall not require the transfer of, or access to, source code of software owned by a person of the other Party as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory. \n>>>(5) For greater certainty, for the purposes of this Article, a reference to \"source code\" includes an algorithm embedded in the source code, but does not include the expression of the algorithm in any other form, including prose." }, { "full-name": "Article 12.21. Source Code", "description": "", "text": ">>2. This Article does not preclude a government agency, regulatory body, judicial authority, administrative tribunal of a Party or a designated conformity assessment body operating in the Party's territory (\"Relevant Body\") from requiring a person of the other Party to preserve or make available the source code of software to the Relevant Body for an investigation, inspection, examination, enforcement action, remedy or judicial or administrative proceeding, subject to safeguards against unauthorised disclosure." } ] }, "ts_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.5. Standards and Conformity Assessment for Digital Trade", "description": "", "text": ">>1. The Parties recognise the role of international standards and conformity assessment procedures in fostering a well-functioning digital economy, including their potential to decrease compliance costs and increase consistency, interoperability, reliability and efficiency. \n>>2. Each Party shall, where appropriate, actively participate in the work of relevant regional and international bodies relating to the development and adoption of standards that support digital trade." } ] } } ] }, { "treaty-name": "Comprehensive Economic Partnership Agreement between the Republic of Korea and the United Arab Emirates", "short-name": "KOR-UAE (2024)", "description": "Korea's first trade agreement with a Middle Eastern state. Its digital trade chapter (Chapter 9) contains hard cross-border data flow and computing-facilities localisation commitments qualified by a legitimate-public-policy exception (both articles carve out financial services by footnote), a customs duties prohibition, non-discrimination of digital products, personal data protection, open government data and artificial intelligence cooperation, but no source code or cryptography protections. GATS-based general exceptions and a self-judging security exception apply to the digital trade chapter.", "date-signed": "2024-05-29", "date-effective": "2026-05-01", "parties": [ { "country-name": "Korea, Republic of", "country-code": "KOR" }, { "country-name": "United Arab Emirates", "country-code": "ARE" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.23. Artificial Intelligence", "description": "", "text": ">>2. The Parties also recognize the importance of developing ethical governance frameworks for the trusted, safe, and responsible use of AI technologies that will help realize the benefits of AI. In view of the cross-border nature of the digital economy, the Parties further acknowledge the benefits of ensuring that such frameworks are internationally aligned as far as possible. \n>>3. To this end, the Parties shall endeavor to: \n>>>(a) collaborate on and promote the development and adoption of frameworks that support the trusted, safe, and responsible use of AI technologies (AI Governance Frameworks), through relevant regional, multilateral, and international fora; \n>>>(b) take into consideration internationally-recognized principles or guidelines when developing such AI Governance Frameworks." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.4. Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 9.4. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees, or other charges on content transmitted electronically, provided that such taxes, fees, or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.14. Location of Computing Facilities", "description": "The Article does not apply to financial services (footnote 7).", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 9.14. Location of Computing Facilities", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 16.1. General Exceptions", "description": "", "text": ">>2. For purposes of Chapter Eight (Trade in Services) and Chapter Nine (Digital Trade), Article XIV of GATS, including its footnotes, is incorporated into and forms part of this Agreement, mutatis mutandis. \n>>>(1) This paragraph is without prejudice to whether a Party considers a digital product to be a good or service." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 16.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(a) to require any Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; or \n>>>(b) to prevent any Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>>(i) relating to fissionable and fusionable materials or the materials from which they are derived; \n>>>>(ii) relating to the traffic in arms, ammunition, and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment; \n>>>>(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; \n>>>>(iv) taken in time of war or other emergency in international relations; or \n>>>(c) to prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 9.13. Cross-Border Flow of Information", "description": "The Article does not apply to financial services (footnote 6).", "text": ">>2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal data, if this activity is for the conduct of business of a covered person." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 9.13. Cross-Border Flow of Information", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 9.13. Cross-Border Flow of Information", "description": "", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." }, { "full-name": "Article 9.10. Personal Data Protection", "description": "", "text": ">>2. To this end, each Party shall adopt or maintain a legal framework that provides for the protection of the personal data of the users of digital trade. In the development of any legal framework for the protection of personal data, each Party should endeavor to take into account principles and guidelines of relevant international organizations or bodies." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 9.13. Cross-Border Flow of Information / Article 9.14. Location of Computing Facilities", "description": "Both data flow disciplines carve out financial services by footnote.", "text": ">>>(6) This Article shall not apply to financial services. \n>>>(7) This Article shall not apply to financial services." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 9.3. Scope and General Provisions", "description": "", "text": ">>4. Articles 9.5, 9.13, and 9.14 shall not apply to aspects of a Party's measures that do not conform with an obligation in Chapter Eight (Trade in Services) to the extent that such measures are adopted or maintained in accordance with: \n>>>(a) any terms, limitations, qualifications, and conditions specified in a Party's commitments, or are with respect to a sector that is not subject to a Party's commitments, made in accordance with Article 8.6 (Schedules of Specific Commitments); or \n>>>(b) any exception that is applicable to the obligations in Chapter Eight (Trade in Services)." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.5. Non-discriminatory Treatment of Digital Products", "description": "", "text": ">>1. Neither Party shall accord less favorable treatment to a digital product created, produced, published, contracted for, commissioned, or first made available on commercial terms in the territory of the other Party, or to a digital product of which the author, performer, producer, developer, or owner is a person of the other Party, than it accords to other like digital products. \n>>2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in Chapter Ten (Intellectual Property). \n>>3. The Parties understand that this Article shall not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance. \n>>4. Paragraph 1 shall not apply to broadcasting." } ] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.15. Open Government Data", "description": "", "text": ">>1. The Parties recognize that facilitating public access to and use of government information may foster economic and social development, competitiveness, and innovation. \n>>2. To the extent that a Party makes government information, including data, available to the public, it shall endeavor to ensure that the information is made available as open data. \n>>3. The Parties shall endeavor to cooperate to identify ways in which the Parties can expand access to and use of open data, with a view to enhancing and generating business opportunities." } ] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Protocol Amending the Agreement between the European Union and Japan for an Economic Partnership", "short-name": "EU-JPN (2024)", "description": "A data flows protocol that upgrades the 2018 EU-Japan EPA, replacing its review clause (former Article 8.81) with binding cross-border data flow disciplines and inserting a personal data protection article. It prohibits a closed list of data localisation and computing-facility measures including prior transfer approval, qualified by a legitimate-public-policy exception and full regulatory autonomy for personal data protection, and deletes the EPA's data flow rendezvous clause. The EPA's horizontal exceptions continue to apply.", "date-signed": "2024-01-31", "date-effective": "2024-07-01", "parties": [ { "country-name": "European Union", "country-code": "EU" }, { "country-name": "Japan", "country-code": "JPN" } ], "agreement-type": "Bilateral", "agreement-subtype": "Upgrade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": false, "details": [] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of information set out in paragraph 1 by: \n>>>(a) requiring the use of computing facilities or network elements in the territory of the Party for information processing, including by requiring the use of computing facilities or network elements that are certified or approved in the territory of the Party;" }, { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of information set out in paragraph 1 by: \n>>>(d) making the cross-border transfer of information contingent upon use of computing facilities or network elements in the territory of the Party or upon localisation requirements in the territory of the Party;" } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": false, "GeneralExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Protocol does not modify the general exceptions of the underlying EU-Japan EPA, which continue to apply (see footnote 3 to Article 8.81: the public policy qualifier does not affect other exceptions in the Agreement)." } ] }, "SecurityExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Protocol does not modify the security exceptions of the underlying EU-Japan EPA, which continue to apply." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Protocol does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of information set out in paragraph 1 by: \n>>>(b) requiring the localisation of information in the territory of the Party for storage or processing;" }, { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of information set out in paragraph 1 by: \n>>>(c) prohibiting storage or processing of information in the territory of the other Party;" }, { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of information set out in paragraph 1 by: \n>>>(e) prohibiting the transfer of information into the territory of the Party;" } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>1. The Parties are committed to ensuring the cross-border transfer of information by electronic means where this activity is for the conduct of the business of a covered person." } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>6. A Party may at any time propose to the other Party to review the measures listed in paragraph 2." } ] }, "NoPriorAuthorisation": { "applicable": true, "details": [ { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>2. To that end, a Party shall not adopt or maintain measures which prohibit or restrict the cross-border transfer of information set out in paragraph 1 by: \n>>>(f) requiring the approval of the Party prior to the transfer of information to the territory of the other Party. \n>>>>(1) For greater certainty, subparagraph 2(f) does not prevent a Party from: (a) subjecting the use of a specific transfer instrument or a particular cross-border transfer of information to approval on grounds relating to the protection of personal data and privacy, in compliance with paragraph 4; (b) requiring the certification or conformity assessment of ICT products, services and processes, including Artificial Intelligence, before their commercialisation or use in its territory, to ensure compliance with laws and regulations consistent with this Agreement or for cybersecurity purposes, in compliance with paragraphs 3 and 4, and Articles 1.5, 8.3 and 8.65; or (c) requiring that re-users of information protected by intellectual property rights or confidentiality obligations resulting from domestic laws and regulations consistent with this Agreement, respect such rights or obligations when transferring the information across borders, including with regard to access requests by courts and authorities of third countries, in compliance with Article 8.3." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraphs 1 and 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information that are greater than necessary to achieve the objective. \n>>>>(2) For the purposes of this Article, \"legitimate public policy objective\" shall be interpreted in an objective manner and shall enable the pursuit of objectives such as the protection of public security, public morals, or human, animal or plant life or health, or the maintenance of public order or other similar objectives of public interest, taking into account the evolving nature of digital technologies." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 8.81. Cross-border transfer of information by electronic means (as replaced by the Protocol)", "description": "", "text": ">>4. Nothing in this Article shall prevent a Party from adopting or maintaining measures on the protection of personal data and privacy, including with respect to cross-border transfers of information, provided that the law of the Party provides for instruments enabling transfers under conditions of general application for the protection of the information transferred." }, { "full-name": "Article 8.82. Protection of personal data (as inserted by the Protocol)", "description": "", "text": ">>1. The Parties recognise that individuals have a right to the protection of their personal data and privacy as provided for by the laws and regulations of each Party and that high standards in this regard contribute to trust in the digital economy and to the development of trade. Each Party recognises the right of the other Party to determine the appropriate level of the protection of personal data and privacy, to be provided for by their respective measures." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception; the EPA's horizontal security exceptions apply." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Second Protocol to Amend the Agreement Establishing the ASEAN-Australia-New Zealand Free Trade Area", "short-name": "ASEAN-AUS-NZL (2023)", "description": "The Second Protocol upgrading AANZFTA adds binding commitments on data localisation and cross-border data flows with phased timelines for Cambodia, Lao PDR and Myanmar, alongside customs duties, computing-facilities, open government data and digital standards provisions. Data obligations are qualified by public policy and essential security exceptions, a financial-data carve-out, and horizontal reservations including favourable treatment for Indigenous persons and the Treaty of Waitangi.", "date-signed": "2023-08-21", "date-effective": "2025-04-21", "parties": [ { "country-name": "Australia", "country-code": "AUS" }, { "country-name": "New Zealand", "country-code": "NZL" }, { "country-name": "Brunei Darussalam", "country-code": "BRN" }, { "country-name": "Cambodia", "country-code": "KHM" }, { "country-name": "Indonesia", "country-code": "IDN" }, { "country-name": "Lao People's Democratic Republic", "country-code": "LAO" }, { "country-name": "Malaysia", "country-code": "MYS" }, { "country-name": "Myanmar", "country-code": "MMR" }, { "country-name": "Philippines", "country-code": "PHL" }, { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "Thailand", "country-code": "THA" }, { "country-name": "Viet Nam", "country-code": "VNM" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Upgrade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Digital Trade Standards", "provision-code": "ts_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "17. Location of Computing Facilities", "description": "", "text": ">>2. No Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that Party's territory. (13) \n>>(13) Cambodia, Lao PDR and Myanmar shall not be obliged to apply Paragraph 2 before 1 January 2027, with an extension until 1 January 2030 if necessary. Viet Nam shall not be obliged to apply Paragraph 2 before 1 January 2027." }, { "full-name": "17. Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) any measure inconsistent with Paragraph 2 that it considers necessary to achieve a legitimate public policy objective, (14) provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; or [...] \n>>(14) For the purposes of Subparagraph (a), the Parties affirm that the necessity behind the implementation of such legitimate public policy shall be decided by the implementing Party." }, { "full-name": "17. Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(b) any measure that it considers necessary for the protection of its essential security interests. Such measures shall not be disputed by other Parties." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "13. Customs Duties", "description": "", "text": ">>1. Each Party shall maintain its current practice of not imposing customs duties on electronic transmissions between the Parties. " }, { "full-name": "13. Customs Duties", "description": "", "text": ">>2. The practice referred to in Paragraph 1 is in accordance with the WTO Ministerial Decision adopted on 17 June 2022 in relation to the Work Programme on Electronic Commerce (WT/MIN(22)/32)." }, { "full-name": "13. Customs Duties", "description": "", "text": ">>3. Each Party may adjust its practice referred to in Paragraph 1 with respect to any further outcomes in the WTO Ministerial Decisions on customs duties on electronic transmissions within the framework of the Work Programme on Electronic Commerce." }, { "full-name": "13. Customs Duties", "description": "", "text": ">>4. The Parties shall review this Article in the light of any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce." }, { "full-name": "13. Customs Duties", "description": "", "text": ">>5. For greater certainty, Paragraph 1 shall not preclude a Party from imposing taxes, fees or other charges on electronic transmissions, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cr_provisions": { "applicable": false }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": ">**1. General Exceptions**", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures), Chapter 6 (Standards, Technical Regulations and Conformity Assessment Procedures), Chapter 10 (Electronic Commerce) and Chapter 11 (Investment), Article XX of GATT 1994 shall be incorporated into and shall form part of this Agreement, mutatis mutandis" }, { "full-name": ">**1. General Exceptions**", "description": "", "text": " >>2. For the purposes of Chapter 8 (Trade in Services), Chapter 9 (Movement of Natural Persons), Chapter 10 (Electronic Commerce) and Chapter 11 (Investment), Article XIV of GATS including its footnotes shall be incorporated into and shall form part of this Agreement, mutatis mutandis." }, { "full-name": ">**1. General Exceptions**", "description": "", "text": ">>3. For the purposes of this Agreement, the Parties understand that measures referred to in Article XX(f) of GATT 1994 include measures necessary to protect national treasures or specific sites of historical or archaeological value, or measures necessary to support creative arts of national value. (1) \n>>(1) \"Creative arts\" include the performing arts - including theatre, dance and music - visual arts and craft, literature, film and video, language arts, creative on-line content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid art work, including those that use new technologies to transcend discrete art form divisions. The term encompasses those activities involved in the presentation, execution and interpretation of the arts, and the study and technical development of these art forms and activities." }, { "full-name": ">**1. General Exceptions**", "description": "", "text": ">>4. For the purposes of Chapter 8 (Trade in Services) and Chapter 11 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between Parties where like conditions prevail, or a disguised restriction on trade in services or investment, nothing in these Chapters shall be construed to prevent the adoption or enforcement by a Party of measures necessary to protect national treasures or specific sites of historical or archaeological value, or measures necessary to support creative arts of national value. (2) \n>>(2) \"Creative arts\" include the performing arts - including theatre, dance and music - visual arts and craft, literature, film and video, language arts, creative on-line content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid art work, including those that use new technologies to transcend discrete art form divisions. The term encompasses those activities involved in the presentation, execution and interpretation of the arts, and the study and technical development of these art forms and activities." }, { "full-name": ">**1. General Exceptions**", "description": "", "text": ">>5. A Party shall hold consultations with a view to reaching agreement on any necessary adjustment required to maintain the overall balance of commitments undertaken by the Parties under Chapter 8 (Trade in Services) and Chapter 11 (Investment) if requested by a Party affected by the measures referred to in Paragraph 4." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": ">**2. Security Exceptions**", "description": "", "text": ">>1. Nothing in this Agreement shall be construed to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests." }, { "full-name": ">**2. Security Exceptions**", "description": "", "text": ">>2. Nothing in this Agreement shall be construed to: [...] \n(b) preclude a Party from applying measures that it considers necessary for: \n>>>(i) the fulfilment of its obligations under the United Nations Charter for the maintenance or restoration of international peace or security; or [...]" }, { "full-name": ">**2. Security Exceptions**", "description": "", "text": ">>2. Nothing in this Agreement shall be construed to: [...] (b) preclude a Party from applying measures that it considers necessary for: \n>>>(ii) the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": ">**5. Treaty of Waitangi**", "description": "", "text": ">>1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods and services, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement including in fulfilment of its obligations under the Treaty of Waitangi.", "$comment": "The Protocol does not include specific provisions on indigenous data. However, it includes a general reservation made by Australia regarding all services sectors that allow Australia to provide for the favourable treatment of any Indigenous person or organisation. Similar reservation exists for Myanmar regarding investments. New Zealand has made several horizontal reservations regarding the Treaty of Waitangi." }, { "full-name": ">**5. Treaty of Waitangi**", "description": "", "text": " >>2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 20 (Consultations and Dispute Settlement) shall otherwise apply to this Article. An arbitral tribunal established pursuant to Article 11 (Establishment and Re-convening of Arbitral Tribunals) of Chapter 20 (Consultations and Dispute Settlement) may be requested to determine only whether any measure (referred to in Paragraph 1) is inconsistent with their rights under this Agreement.", "$comment": "The Protocol does not include specific provisions on indigenous data. However, it includes a general reservation made by Australia regarding all services sectors that allow Australia to provide for the favourable treatment of any Indigenous person or organisation. Similar reservation exists for Myanmar regarding investments. New Zealand has made several horizontal reservations regarding the Treaty of Waitangi." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "18. Cross-border Transfer of Information by Electronic Means", "description": "ASEAN, Australia and New Zealand have agreed that they will not stop or limit the electronic sharing of data across borders. This obligation applies to cross-border data transfer conducted for business purposes of covered entities.", "text": ">>2. A Party shall not prevent cross-border transfer of information by electronic means where such activity is for the conduct of the business of a covered person. (15)", "$comment": "\n>>>>(15) Cambodia, Lao PDR and Myanmar shall not be obliged to apply Paragraph 2 before 1 January 2027, with an extension until 1 January 2030 if necessary. Viet Nam shall not be obliged to apply Paragraph 2 before 1 January 2027." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Protocol includes no specific provisions on facilitation of cross-border data flows. However, it includes many provisions on facilitation of digital trade and its aspects other than cross-border data transfers as such." } ] }, "ReviewAndAssessment": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Protocol includes no specific provisions on review and assessment of data localisation provisions. However, it includes general review provisions." } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Protocol includes no specific provisions on prior authorisation of cross-border data transfers." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "8. Transfers of Information and Processing of Information", "description": "", "text": ">>1. A Party shall not take measures that prevent: \n>>>(a) transfers of information, including transfers of data by electronic means, necessary for the conduct of the ordinary business of a financial service supplier; [...]", "$comment": "But see `PublicPolicyException`" }, { "full-name": "8. Transfers of Information and Processing of Information", "description": "", "text": ">>1. A Party shall not take measures that prevent: [...] \n>>>(b) the processing of information necessary for the conduct of the ordinary business of a financial service supplier; [...]", "$comment": "But see `PublicPolicyException`" }, { "full-name": "8. Transfers of Information and Processing of Information", "description": "", "text": ">>1. A Party shall not take measures that prevent: [...] \n>>>(c) transfers of equipment necessary for the conduct of the ordinary business of a financial service supplier, subject to importation rules consistent with international agreements.", "$comment": "But see `PublicPolicyException`" } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "18. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) any measure inconsistent with Paragraph 2 that it considers necessary to achieve a legitimate public policy objective, (16) provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; or \n>>>(b) any measure that it considers necessary for the protection of its essential security interests. Such measures shall not be disputed by other Parties.", "$comment": ">>>>(16) For the purposes of Subparagraph (a), the Parties affirm that the necessity behind the implementation of such legitimate public policy shall be decided by the implementing Party." }, { "full-name": "8. Transfers of Information and Processing of Information", "description": "", "text": ">>2. Nothing in Paragraph 1: \n>>>((a) restricts the right of a Party to protect personal data, personal privacy and the confidentiality of individual records and accounts including in accordance with its laws and regulations so long as such right shall not be used as a means of avoiding the Party's commitments or obligations under this Agreement; [...]", "$comment": "The Protocol also includes reservations and market access limitations of financial data transfers made by several states (e.g. Brunei Darussalam, Indonesia)." }, { "full-name": "8. Transfers of Information and Processing of Information", "description": "", "text": ">>2. Nothing in Paragraph 1: \n>>>(b) prevents a regulatory authority of a Party for regulatory or prudential reasons from requiring a financial service supplier in its territory to comply with domestic regulation in relation to data management and storage and system maintenance, as well as to retain within its territory copies of records; or [...]", "$comment": "The Protocol also includes reservations and market access limitations of financial data transfers made by several states (e.g. Brunei Darussalam, Indonesia)." }, { "full-name": "8. Transfers of Information and Processing of Information", "description": "", "text": ">>2. Nothing in Paragraph 1: \n>>>(c) shall be construed to require a Party to allow the cross-border supply or the consumption abroad of services in relation to which it has not made commitments, including to allow non-resident suppliers of financial services to supply, as a principal, through an intermediary or as an intermediary, the provision and transfer of financial information and financial data processing referred to in Article 2(b)(xv) (Definitions).", "$comment": "The Protocol also includes reservations and market access limitations of financial data transfers made by several states (e.g. Brunei Darussalam, Indonesia)." } ] }, "EssentialSecurityInterests": { "applicable": true, "details": [ { "full-name": "18. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) [...]; or \n>>>(b) any measure that it considers necessary for the protection of its essential security interests. Such measures shall not be disputed by other Parties.", "$comment": "Also see horizontal security exceptions in `db_exceptions`" } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "18. Cross-border Transfer of Information by Electronic Means", "description": "#[[necessity test]] ASEAN, Australia and New Zealand have agreed that measures imposing restrictions on cross-border transfers imposed for a legitimate public policy objective must be necessary. Necessity is to be decided by each state separately.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) any measure inconsistent with Paragraph 2 that it considers necessary to achieve a legitimate public policy objective, (16) provided that [...]; or \n>>>(b) [...]. \n>>(16) For the purposes of Subparagraph (a), the Parties affirm that the necessity behind the implementation of such legitimate public policy shall be decided by the implementing Party." }, { "full-name": "18. Cross-border Transfer of Information by Electronic Means", "description": "#[[arbitrary discrimination]] ASEAN, Australia and New Zealand have agreed that measures resulting in arbitrary or unjustifiable discrimination cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) any measure inconsistent with Paragraph 2 that it considers necessary to achieve a legitimate public policy objective, (16) provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or [...]; or \n(b) [...]." }, { "full-name": "18. Cross-border Transfer of Information by Electronic Means", "description": "#[[disguised trade restrictions]] ASEAN, Australia and New Zealand have agreed that measures constituting disguised restrictions on trade cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) any measure inconsistent with Paragraph 2 that it considers necessary to achieve a legitimate public policy objective, (16) provided that the measure is not applied in a manner which would constitute [...] a disguised restriction on trade; or \n>>>(b) [...]." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "18. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." }, { "full-name": "10. Online Personal Information Protection", "description": "", "text": ">>2. In the development of its legal framework for the protection of personal information, each Party shall take into account international standards, principles, guidelines and criteria of relevant international organisations or bodies. \n>>4. Recognising that the Parties may take different legal approaches to protecting personal information, each Party shall encourage the development and adoption of mechanisms to promote compatibility and where appropriate, interoperability, between different legal frameworks for protecting personal information. The Parties also recognise that, in accordance with their respective laws and regulations, there are other existing mechanisms, including contractual provisions, for the transfer of personal information across their territories to ensure the protection of personal information." } ] }, "IndigenousData": { "applicable": true, "details": [ { "full-name": "List B. Explanatory Notes", "description": "", "text": "8. For greater certainty, New Zealand reaffirms its right to regulate within its territory to achieve legitimate policy objectives, such as [...] privacy and data protection, or the promotion and protection of cultural diversity and the promotion and protection of the rights, interests, duties and responsibilities of Maori related to Te Tiriti o Waitangi / the Treaty of Waitangi. The interpretation of Te Tiriti o Waitangi / the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement.", "$comment": "The Protocol does not include specific provisions on indigenous data. However, it includes a general reservation made by Australia regarding all services sectors that allow Australia to provide for the favourable treatment of any Indigenous person or organisation. Similar reservation exists for Myanmar regarding investments. New Zealand has made several horizontal reservations regarding the Treaty of Waitangi." }, { "full-name": "List B. Explanatory Notes", "description": "", "text": "6. Myanmar reserves the rights to adopt or maintain any measure relating to investment activities which may socially or economically disadvantage the indigenous people. \nExisting Measure: - Constitution of the Republic of the Union of Myanmar (2008), Sections 96, 188 and 196 - Myanmar Investment Rules (2017)", "$comment": "The Protocol does not include specific provisions on indigenous data. However, it includes a general reservation made by Australia regarding all services sectors that allow Australia to provide for the favourable treatment of any Indigenous person or organisation. Similar reservation exists for Myanmar regarding investments. New Zealand has made several horizontal reservations regarding the Treaty of Waitangi." }, { "full-name": "List B. Explanatory Notes", "description": "", "text": "3. Description of Measure: The Philippines reserves the right to adopt or maintain any measure or mechanism relating to the local government units, the autonomous regions, in the Cordilleras, and the autonomous region in Muslim Mindanao and the enforcement and protection of the rights of Cultural Communities or Indigenous Peoples on their ancestral domains and on indigenous knowledge systems and practices.(4) \n4) These are systems, institutions, mechanisms and technologies comprising a unique body of knowledge evolved through time that embody pattems of relationships between and among peoples and between peoples, their lands and resource environment, including such spheres of relationships which may include social, political, cultural, economic, religious spheres, and which are the direct outcome of the indigenous peoples, responses to certain needs consisting of adaptive mechanisms which have allowed indigenous peoples to survive and thrive within their given socio-cultural and biophysical conditions. \nExisting Measure: - The 1987 Philippine Constitution - RA. No. 8731, The Indigenous Peoples' Rights Act of 1997 - R.A. No. 7160, the Local Government Code of 1991 - Executive Order No. 220, s. 1987, Creating a Cordillera Administrative Region, Appropriating Funds Therefor and for Other Purposes - RA. No. 11054, the Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao - National Commission on Indigenous Peoples (NCIP) Administrative Order No. 3, Series of 2012, The Revised Guidelines on the Exercise of Free and Prior Informed Consent (FPIC) and Related Processes - Executive Orders and Administrative Issuances", "$comment": "The Protocol does not include specific provisions on indigenous data. However, it includes a general reservation made by Australia regarding all services sectors that allow Australia to provide for the favourable treatment of any Indigenous person or organisation. Similar reservation exists for Myanmar regarding investments. New Zealand has made several horizontal reservations regarding the Treaty of Waitangi." }, { "full-name": "List B. Explanatory Notes", "description": "", "text": ">>5. Australia reserves the right to adopt or maintain any measure that accords preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation. \nFor the purpose of this reservation, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples. \nExisting Measures: Legislation and ministerial statements at all levels of government including Australia's foreign investment framework, and the Native Title Act 1993 (Cth).", "$comment": "The Protocol does not include specific provisions on indigenous data. However, it includes a general reservation made by Australia regarding all services sectors that allow Australia to provide for the favourable treatment of any Indigenous person or organisation. Similar reservation exists for Myanmar regarding investments. New Zealand has made several horizontal reservations regarding the Treaty of Waitangi." }, { "full-name": "List B. Explanatory Notes", "description": "", "text": ">>11. Singapore reserves the right to adopt or maintain any measure relating to the creative arts, cultural heritage and other cultural industries, including entertainment services and other cultural services. \n'Creative arts' includes: the performing arts - including theatre, dance and music - visual arts and craft, literature, film, television, video, radio, creative online, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid arts work which uses new technologies to transcend discrete artform divisions. \n'Cultural heritage' includes: ethnological, archaeological, historical, literary, artistic, scientific or technological moveable or built heritage, including the collections which are documented, preserved and exhibited by museums, galleries, libraries, archives and other heritage collecting institutions, as well as intangible cultural heritage." } ] } }, "ndt_provisions": { "applicable": false }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "15. Open Government Data (12)", "description": "", "text": ">>1. The Parties recognise that facilitating public access to and use of government information and data may foster economic and social development, competitiveness and innovation." }, { "full-name": "15. Open Government Data (12)", "description": "", "text": ">>2. To the extent that a Party makes government information and data available to the public, it shall endeavour, to the extent practicable, to ensure that the information is made available in an open or machine-readable format." }, { "full-name": "15. Open Government Data (12)", "description": "", "text": ">>3. The Parties shall endeavour to co-operate in matters that facilitate and expand public access to and use of government information and data, including exchanging information and experiences on practices and policies, with a view to encouraging the development of electronic commerce and creating business opportunities, especially for MSMEs." }, { "full-name": "15. Open Government Data (12)", "description": "", "text": ">>4. For greater certainty, this Article is without prejudice to each Party's laws and regulations, including on intellectual property and personal data protection." } ] }, "sc_provisions": { "applicable": false }, "ts_provisions": { "applicable": true, "details": [ { "full-name": "8. Digital Trade Standards and Conformity Assessment", "description": "", "text": ">>1. The Parties recognise the important role of relevant international standards in reducing barriers to trade and fostering a well-functioning digital economy, including their potential to decrease trade compliance costs and increase interoperability, reliability and efficiency." }, { "full-name": "8. Digital Trade Standards and Conformity Assessment", "description": "", "text": ">>2. Each Party shall, where appropriate, encourage the adoption of international standards that support digital trade." }, { "full-name": "8. Digital Trade Standards and Conformity Assessment", "description": "", "text": ">>3. The Parties shall endeavour to explore collaborative initiatives, share best practices and exchange information on standards, technical regulations and conformity assessment procedures in areas of mutual interest with a view to facilitating electronic commerce and digital trade." } ] } } ] }, { "treaty-name": "Free Trade Agreement between the European Union and New Zealand", "short-name": "EU-NZL (2023)", "description": "Follows the EU's horizontal template on cross-border data flows: a closed list of prohibited localisation measures, no prior authorisation of transfers, a ban on customs duties on electronic transmissions, and source code protection. Personal data protection is treated as a fundamental-rights matter with full regulatory autonomy, and the agreement carries general, security and Tiriti o Waitangi / Treaty of Waitangi exceptions applicable to digital trade.", "date-signed": "2023-07-09", "date-effective": "2024-07-09", "parties": [ { "country-name": "European Union", "country-code": "EU" }, { "country-name": "New Zealand", "country-code": "NZL" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "", "description": "", "text": ">>2. [...] a Party shall not restrict cross-border data flows taking place between the Parties in the context of an activity that is within the scope of this Chapter, by: \n>>>(a) requiring the use of computing facilities or network elements in its territory for data processing, including by requiring the use of computing facilities or network elements that are certified or approved in the territory of the Party; [...]" }, { "full-name": "", "description": "", "text": ">>2. [...] a Party shall not restrict cross-border data flows taking place between the Parties in the context of an activity that is within the scope of this Chapter, by: [...] \n>>>(d) making the cross-border transfer of data contingent upon the use of computing facilities or network elements in its territory or upon localisation requirements in its territory." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.6. Customs Duties on Electronic Transmissions", "description": "", "text": ">>1. A Party shall not impose customs duties on electronic transmissions between a person of one Party and a person of the other Party. " }, { "full-name": "Article 12.6. Customs Duties on Electronic Transmissions", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided that such taxes, fees or other charges are imposed in a manner consistent with this Agreement." } ] }, "cr_provisions": { "applicable": false }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 25.1. General Exceptions", "description": "", "text": ">>1. For the Purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 4 (Customs and Trade Facilitation), Section B (Investment Liberalisation) of Chapter 10 (Trade In Services and Investment), Chapter 12 (Digital Trade), Chapter 13 (Energy and Raw Materials) and Chapter 17 (State-owned Enterprises), Article XX of GATT 1994 and its interpretative notes and supplementary provisions are incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 25.1. General Exceptions", "description": "", "text": ">>2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on investment or trade in services, nothing in Chapter 10 (Trade In Services and Investment), Chapter 11 (Capital Movements, Payments and Transfers), Chapter 12 (Digital Trade), Chapter 13 (Energy and Raw Materials) and Chapter 17 (State-Owned Enterprises) shall be construed to prevent the adoption or enforcement by either Party of measures: \n>>>(a) necessary to protect public security or public morals or to maintain public order; \n>>>>The public security and public order exceptions may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society. \n>>>(b) necessary to protect human, animal or plant life or health; \n>>>(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: \n>>>>i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts; \n>>>>ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; \n>>>>iii) safety." }, { "full-name": "Article 25.1. General Exceptions", "description": "", "text": ">>3. For greater certainty, the Parties understand that, to the extent that such measures are otherwise inconsistent with a Chapter or a Section referred to in paragraphs 1 and 2 of this Article: \n>>>(a) the measures referred to in point (b) of Article XX of GATT 1994 and in point (b) of paragraph 2 of this Article include environmental measures which are necessary to protect human, animal or plant life or health; \n>>>(b) point (g) of Article XX of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources; and \n>>>(c) measures taken to implement MEAs may fall under point (b) or (g) of Article XX of GATT 1994 or under point (b) of paragraph 2 of this Article." }, { "full-name": "Article 25.1. General Exceptions", "description": "", "text": ">>4. Before a Party takes any measures provided for in points (i) and (j) of Article XX of GATT 1994, that Party shall provide the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. If no agreement is reached within 30 days of providing the information, the Party may apply the relevant measures. Where exceptional and critical circumstances requiring immediate action prevent prior information or examination, the Party intending to take the measures may apply forthwith precautionary measures necessary to deal with the situation. That Party shall inform the other Party immediately thereof." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 25.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(a) to require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or \n>>>(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>>i) connected to the production of or traffic in arms, ammunition and implements of war and to such traffic and transactions in other goods and materials, services and technology and economic activities as carried out directly or indirectly for the purpose of supplying a military establishment; \n>>>>ii) relating to fissionable and fusionable materials or the materials from which they are derived; or \n>>>>iii) taken in time of war or other emergency in international relations; or \n>>>(c) to prevent a Party from taking any action in pursuance of its obligations under the Charter of the United Nations for the maintenance of international peace and security." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 25.6. Tiriti O Waitangi / Treaty of Waitangi", "description": "", "text": ">>1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under te Tiriti o Waitangi / the Treaty of Waitangi." }, { "full-name": "Article 25.6. Tiriti O Waitangi / Treaty of Waitangi", "description": "", "text": ">>2. The Parties agree that the interpretation of te Tiriti o Waitangi / the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 26 (Dispute settlement) shall otherwise apply to this Article. A panel established under Article 26.5 (Establishment of a panel) may be requested by the Union to determine only whether any measure referred to in paragraph 1 is inconsistent with its rights under this Agreement." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows", "description": "EU and New Zealand have agreed that they will not restrict cross-border data flows. Specifically, they will not require the localisation of data in their territory, prohibit storage or processing of data in the territory of the other Party, or make the cross-border transfer of data contingent upon localisation requirements in its territory.", "text": "2. [...] a Party shall not restrict cross-border data flows taking place between the Parties in the context of an activity that is within the scope of this Chapter, by: \n(a) [...]; \n(b) requiring the localisation of data in its territory; \n(c) prohibiting storage or processing of data in the territory of the other Party; or \n(d) making the cross-border transfer of data contingent upon [...] or upon localisation requirements in its territory." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows", "description": "EU and New Zealand have agreed to make sure that data can flow freely across borders in order to promote digital trade.", "text": ">>1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy and recognise that each Party may have its own regulatory requirements in this regard." } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows", "description": "EU and New Zealand have agreed to review the implementation of provisions prohibiting data localisation and assess their enforcement.", "text": ">>4. The Parties shall keep the implementation of this Article under review and assess its functioning within three years after the date of entry into force of this Agreement unless the Parties agree otherwise. A Party may also at any time propose to the other Party to review this Article. Such proposal shall be accorded sympathetic consideration. \n>>5. In the context of the review referred to in paragraph 4, and following the release of the Waitangi Tribunal's Report Wai 2522 dated 19 November 2021, New Zealand: \n>>>(a) reaffirms its continued ability to support and promote Māori interests under this Agreement; and \n>>>(b) affirms its intention to engage Māori to ensure the review referred to in paragraph 4 takes account of the continued need for New Zealand to support Māori to exercise their rights and interests, and meet its responsibilities under te Tiriti o Waitangi / the Treaty of Waitangi and its principles." } ] }, "NoPriorAuthorisation": { "applicable": true, "details": [ { "full-name": "Article 12.7. No Prior Authorisation", "description": "EU and New Zealand have agreed that they will not require prior approval or impose any other measure effectively doing the same on the supply of services by electronic means. Exceptions are possible for authorisation schemes not targeting digital trade services as such, and for telecommunications.", "text": ">>1. Each Party shall endeavour not to impose prior authorisation or any other requirement having an equivalent effect on the supply of services by electronic means. \n>>2. Paragraph 1 shall be without prejudice to authorisation schemes that are not specifically and exclusively targeted at services provided by electronic means, and to rules in the field of telecommunications." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Reservation No. 16 – Financial services", "description": "EU has reserved the right to adopt or maintain any measure amongst other things with respect to the transfer of financial data and financial data processing.", "text": "The EU reserves the right to adopt or maintain any measure with respect to the following: \n(a) All financial services \nWith respect to Cross-border trade in services – Market access, National treatment, Local presence: [...] (d) the provision and transfer of financial information, and financial data processing and related software by suppliers of other financial services; and [...]", "$comment": "Applicability varies depending on the territory of the EU indicated in the reservation" } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows", "description": "EU and New Zealand have agreed that they will restrict cross-border data transfers only to achieve a legitimate public policy objective in accordance with the horizontal general exception requirements. However, they have also agreed that horizontal exception in application to digital trade should be technologically neutral where relevant.", "text": ">>3. For greater certainty, the Parties understand that nothing in this Article prevents the Parties from adopting or maintaining measures in accordance with Article 25.1 (General exceptions) to achieve the public policy objectives referred to therein, which, for the purposes of this Article, shall be interpreted, where relevant, in a manner that takes into account the evolutionary nature of the digital technologies. The preceding sentence does not affect the application of other exceptions in this Agreement to this Article." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows", "description": "EU and New Zealand have agreed that horizontal exceptions equally apply to digital trade.", "text": ">>3. [...] The preceding sentence does not affect the application of other exceptions in this Agreement to this Article.", "$comment": "See horizontal security exceptions in `db_exceptions`" } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows", "description": "[[#tech neutrality]] EU and New Zealand have agreed that in addition to requirements set out in the horizontal public policy exception, a principle of technological neutrality should be applicable whenever relevant.", "text": ">>3. [...] Article 25.1 (General exceptions) to achieve the public policy objectives [...], for the purposes of this Article, shall be interpreted, where relevant, in a manner that takes into account the evolutionary nature of the digital technologies.", "$comment": "Also see horizontal general exceptions in `db_exceptions`" } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows*", "description": "EU and New Zealand have agreed that data transfers are important to facilitate, but each state sets its own rules for transferring data electronically.", "text": "1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy and recognise that each Party may have its own regulatory requirements in this regard." } ] }, "IndigenousData": { "applicable": true, "details": [ { "full-name": "Article 12.4. Cross-border Data Flows", "description": "New Zealand has made a reservation that in the context of review it ensure that the Treaty of Waitangi is respected and that Māori interests are supported and promoted under the agreement.", "text": ">>5. In the context of the review referred to in paragraph 4, and following the release of the Waitangi Tribunal's Report Wai 2522 dated 19 November 2021, New Zealand: \n>>>(a) reaffirms its continued ability to support and promote Māori interests under this Agreement; and \n>>>(b) affirms its intention to engage Māori to ensure the review referred to in paragraph 4 takes account of the continued need for New Zealand to support Māori to exercise their rights and interests, and meet its responsibilities under te Tiriti o Waitangi / the Treaty of Waitangi and its principles.", "$comment": "Also see Article 25.6: Tiriti O Waitangi / Treaty of Waitangi in `db_exceptions`" } ] } }, "ndt_provisions": { "applicable": false }, "ogd_provisions": { "applicable": false }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.11. Transfer of or Access to Source Code", "description": "", "text": ">>1. The Parties recognise the increasing social and economic importance of the use of digital technologies, and the importance of the safe and responsible development and use of digital technologies, including in respect of source code of software to foster public trust." }, { "full-name": "Article 12.11. Transfer of or Access to Source Code", "description": "", "text": ">>2. A Party shall not require the transfer of, or access to, the source code of software owned by a person of the other Party as a condition for the import, export, distribution, sale or use of such software, or of products containing such software, in or from its territory. (1) \n>>(1) This Article does not preclude a Party from requiring that access be provided to software used for critical infrastructure, to the extent required to ensure the effective functioning of critical infrastructure, subject to safeguards against unauthorised disclosure." }, { "full-name": "Article 12.11. Transfer of or Access to Source Code", "description": "", "text": ">>3. For greater certainty, paragraph 2: \n>>>(a) does not apply to the voluntary transfer of, or granting of access to, source code of software on a commercial basis by a person of the other Party, for example in the context of a public procurement transaction or a freely negotiated contract; and \n>>>(b) does not affect the right of regulatory, administrative, law enforcement or judicial bodies of a Party to require the modification of source code of software to comply with its laws and regulations that are not inconsistent with this Agreement." }, { "full-name": "Article 12.11. Transfer of or Access to Source Code", "description": "", "text": ">>4. Nothing in this Article shall: \n>>>(a) affect the right of regulatory authorities, law enforcement, judicial or conformity assessment bodies of a Party to access source code of software, either prior to or following import, export, distribution, sale or use, for investigation, inspection or examination, enforcement action or judicial proceeding purposes, to determine compliance with its laws and regulations, including those relating to non-discrimination and the prevention of bias, subject to safeguards against unauthorised disclosure; or \n>>>(b) affect requirements by a competition authority or other relevant body of a Party to remedy a violation of competition law; affect the protection and enforcement of intellectual property rights; or affect the right of a Party to take measures in accordance with point (a) of Article 14.1(2) (Incorporation of certain provisions of the GPA) under which Article III of the GPA is incorporated into and made part of this Agreement, mutatis mutandis." } ] }, "ts_provisions": { "applicable": false } } ] }, { "treaty-name": "Free Trade Agreement Between the European Free Trade Association (EFTA) States and the Republic of Moldova", "short-name": "EFTA-MDA (2023)", "description": "Contains a dedicated digital trade chapter with hard commitments on cross-border data flows and data localisation, customs duties on electronic transmissions, computing facilities and source code. Exceptions are chapter-specific: GATT/GATS general and security exceptions are incorporated into the digital trade chapter itself rather than as horizontal treaty-wide clauses, and Norway and Moldova have agreed a separate essential-security understanding on data flows.", "date-signed": "2023-06-27", "date-effective": "2025-04-01", "parties": [ { "country-name": "Iceland", "country-code": "ISL" }, { "country-name": "Liechtenstein", "country-code": "LIE" }, { "country-name": "Norway", "country-code": "NOR" }, { "country-name": "Switzerland", "country-code": "CHE" }, { "country-name": "Moldova, Republic of", "country-code": "MDA" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 5.11. Cross-border Data Flows", "description": "EFTA States and Moldova agreed not to require the use of computing facilities or network elements in their territory for processing data, including by imposing a certification or approval of computing facilities or network elements in the territory of the Party.", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by: (8) \n>>>(a) requiring the use of computing facilities or network elements in the Party's territory for processing, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of the Party; [...]" }, { "full-name": "Article 5.11. Cross-border Data Flows", "description": "EFTA States and Moldova agreed not to make the cross-border transfer of data contingent upon the use of computing facilities or network elements in their territory or upon localisation requirements in their territory.", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by: (8) [...] \n>>>(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Party's territory or upon localisation requirements in the Party's territory." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 5.5. Customs Duties", "description": "", "text": ">>1. No Party shall impose customs duties on electronic transmissions." }, { "full-name": "Article 5.5. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees, or other charges on electronic transmissions, provided that they are imposed in a manner consistent with this Agreement." } ] }, "cr_provisions": { "applicable": false }, "db_exceptions": { "applicable": false, "GeneralExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "Chapter-specific general exceptions are coded under `dl_provisions.PublicPolicyException` (Article 5.16)." } ] }, "SecurityExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "Chapter-specific security exceptions are coded under `dl_provisions.EssentialSecurityInterests` (Article 5.17)." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 5.11. Cross-border Data Flows", "description": "EFTA States and Moldova have agreed that they will not restrict cross-border data flows by requiring local storage or processing of data in their territory.", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by: (8) [...]]\n>>>(b) requiring the localisation of data in the Party's territory for storage or processing; [...]" }, { "full-name": "Article 5.11. Cross-border Data Flows", "description": "EFTA States and Moldova have agreed that they will not restrict cross-border data flows by prohibiting storage or processing of data in the territory of the other Party.", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by: (8) [...] >>>(c) prohibiting storage or processing in the territory of the other Party; [...]" }, { "full-name": "Article 5.11. Cross-border Data Flows", "description": "EFTA States and Moldova have agreed that they will not restrict cross-border data flows by making localisation requirements in their territory a condition for cross-border transfer of data.", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by: (8) [...] \n>>>(d) making the cross-border transfer of data contingent upon [...] or upon localisation requirements in the Party's territory." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 5.11. Cross-border Data Flows", "description": "EFTA States and Moldova have agreed to facilitate digital trade by promoting cross-border data flows.", "text": ">>1. The Parties commit to ensuring cross-border data flows to facilitate digital trade. To that end, [...]" } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 5.11. Cross-border Data Flows", "description": "EFTA States and Moldova have agreed to review the implementation of provisions prohibiting data localisation and assess their enforcement.", "text": ">>3. The Parties shall review the implementation of this Article and assess its functioning in the Joint Committee. The first such review shall take place no later than three years from the entry into force of this Agreement. " } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement includes no specific provisions on prior authorisation of cross-border data transfers." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 5.11. Cross-border Data Flows; footnote 8", "description": "EFTA States and Moldova have agreed that prohibition to localise data in the territory applies as long as the financial supervisory authorities can access data in the course of their supervisory tasks.", "text": ">>1. The Parties commit to ensuring cross-border data flows to facilitate digital trade. To that end, cross-border data flows shall not be restricted between the Parties by: (8) [...] \n(8) With respect to financial services, this provision applies as long as the financial supervisory authorities have access to the necessary data for fulfilling their supervisory task." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 5.16. General Exceptions", "description": "EFTA States and Moldova have incorporated the GATT and GATS general exceptions into the FTA in application to digital trade.", "text": "For the purposes of this Chapter, Article XX of the GATT 1994 and Article XIV of the GATS apply and are hereby incorporated into and made part of this Agreement, mutatis mutandis." } ] }, "EssentialSecurityInterests": { "applicable": true, "details": [ { "full-name": "Article 5.11. Cross-border Data Flows", "description": "Norway and Moldova have separately agreed that they can take any action they consider necessary for the protection of their essential security interests. This security exception is a standalone provision and contrasts incorporated GATT and GATS security exceptions.", "text": ">>2. Between Norway and the Republic of Moldova, nothing in this Article shall be construed to prevent Norway or the Republic of Moldova from taking any action which it considers necessary for the protection of its essential security interests.", "$comment": "Also see Article 5.17 in `EssentialSecurityInterests`" }, { "full-name": "Article 5.17. Security Exceptions", "description": "EFTA States and New Zealand have incorporated the GATT and GATS security exceptions into the FTA in application to digital trade.", "text": "For the purposes of this Chapter, Article XXI of the GATT 1994 and Article XIVbis of the GATS apply and are hereby incorporated into and made part of this Agreement, mutatis mutandis.", "$comment": "But see Article 5.11 in `EssentialSecurityInterests`" } ] }, "MeasuresConsistency": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "See digital trade specific general and security exceptions in `PublicPolicyException` and `EssentialSecurityInterests`; necessity test requirements applicable by incoraporation of arts XX GATT and XIVbis GATS." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 5.4. Right to Regulate", "description": "EFTA States and Moldova have agreed that they have the right to regulate in the area of digital trade to achieve legitimate policy objectives, if they conform with the FTA chapter on electronic commerce.", "text": "The Parties reaffirm the right to regulate in the area of electronic commerce in conformity with this Chapter to achieve legitimate policy objectives." }, { "full-name": "Article 5.13. Protection of Personal Data and Privacy", "description": "EFTA States and Moldova have agreed that hat protecting personal data and privacy is crucial, and strong safeguards help grow digital trade and build trust.They will implement measures they believe are needed to protect personal data and privacy, including rules for transferring personal data across borders. This Agreement will not change the level of data and privacy protection provided by each country.", "text": ">>1. The Parties recognise that the protection of personal data and privacy is a fundamental right and that high standards in this regard contribute to the development of digital trade and trust therein. \n>>2. Each Party shall adopt or maintain safeguards it deems appropriate to ensure a high level of protection of personal data and privacy, including through the adoption and application of rules for the cross-border transfer of personal data. Nothing in this Agreement shall affect the protection of personal data and privacy afforded by the Parties' respective safeguards." } ] }, "IndigenousData": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data." } ] } }, "ndt_provisions": { "applicable": false }, "ogd_provisions": { "applicable": false }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 5.14. Transfer of or Access to Source Code", "description": "The agreement prohibits requiring the transfer of or access to source code owned by persons of another Party.", "text": ">>1. No Party shall require the transfer of, or access to, the source code of software or parts thereof owned by a natural or juridical person of another Party." }, { "full-name": "Article 5.14. Transfer of or Access to Source Code", "description": "The prohibition does not apply to certain situations such as court requirements, IP rights enforcement, or voluntary transfers.", "text": ">>2. This Article shall not apply to: (a) requirements by a court or administrative tribunal; (b) intellectual property rights and their protection and enforcement; (c) competition law and its enforcement; (d) the right of a Party to take measures in accordance with Chapter 7 (Government Procurement); (e) requirements by market surveillance authorities in order to verify the conformity of goods and services with legal requirements; or (f) voluntary transfer or granting of access to source code on a commercial basis by a natural or juridical person of a Party." } ] }, "ts_provisions": { "applicable": false } } ] }, { "treaty-name": "Agreement between the United Kingdom of Great Britain and Northern Ireland and Ukraine on Digital Trade", "short-name": "GBR-UKR (2023)", "description": "A wartime digital trade agreement that inserts a full digital trade section into the UK-Ukraine Political, Free Trade and Strategic Partnership Agreement. It contains CPTPP-style hard commitments on cross-border data flows and computing facilities localisation qualified by a legitimate-public-policy exception, customs duties prohibition, source code and algorithm protection, cryptography protections for commercial ICT products, open government information and emerging technology cooperation, and replaces the underlying agreement's financial services data processing article with a financial information transfer commitment.", "date-signed": "2023-03-20", "date-effective": "2024-09-01", "parties": [ { "country-name": "United Kingdom", "country-code": "GBR" }, { "country-name": "Ukraine", "country-code": "UKR" } ], "agreement-type": "Bilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 132-V. Emerging Technology", "description": "", "text": ">>2. The Parties shall endeavour to develop governance and policy frameworks for the trusted, safe, and responsible use of emerging technologies. In developing those frameworks, the Parties recognise the importance of: \n>>>(a) taking into account the principles and guidelines of relevant international bodies; \n>>>(b) utilising risk-based approaches to regulation that are based on industry-led standards and risk management best practices; and \n>>>(c) having regard to the principles of technological interoperability and technological neutrality." }, { "full-name": "Article 132-V. Emerging Technology", "description": "", "text": ">>3. The Parties shall endeavour to cooperate on matters related to emerging technologies with respect to digital trade. This cooperation may include: \n>>>(a) exchanging information and sharing experiences and best practices on laws, regulations, policies, enforcement and compliance; \n>>>(b) cooperating on issues and developments relating to emerging technologies, such as ethical use, human diversity and unintended biases, industry-led technical standards and algorithmic transparency; \n>>>(c) promoting collaboration between each Party's governmental and non-governmental entities in relation to research and development opportunities and opportunities for investment in emerging technologies; \n>>>(d) playing an active role, including through international fora, in the development of international standards, regulations and conformity assessment procedures that provide clear expectations for businesses and support the growth of emerging technologies; and \n>>>(e) participating actively in international fora on matters concerning the interaction between trade and emerging technologies.", "$comment": "The Agreement addresses artificial intelligence through the broader category of emerging technologies (defined to include artificial intelligence in Article 131)." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 132-B. Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a natural or legal person of a Party and a natural or legal person of the other Party." }, { "full-name": "Article 132-B. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees, or other charges on electronic transmissions, including content transmitted electronically, provided that such taxes, fees, or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 132-L. Location of Computing Facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 132-L. Location of Computing Facilities", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 132-O. Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>1. Neither Party shall require a manufacturer or supplier of a commercial ICT product that uses cryptography to, at any time prior to or post market entry, as a condition for the manufacture, sale, distribution, import or use of the commercial ICT product: \n>>>(a) transfer or provide access to any proprietary information relating to cryptography, including by disclosing a particular technology or production process, or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, to that Party or a person in the territory of that Party; \n>>>(b) partner or otherwise cooperate with a person in the territory of that Party in the development, manufacture, sale, distribution, import or use of the commercial ICT product; or \n>>>(c) use or integrate a particular cryptographic algorithm." }, { "full-name": "Article 132-O. Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>2. Paragraph 1 shall not apply to: \n>>>(a) the regulation of financial instruments; \n>>>(b) a requirement that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by that Party and are exclusively for use in the exercise of government functions, including those of central banks; \n>>>(c) a measure adopted or maintained by a Party in the exercise of supervisory, investigatory or examination authority relating to financial service suppliers or financial markets; \n>>>(d) the manufacture, sale, distribution, import or use of a commercial ICT product by or for a Party; \n>>>(e) a requirement imposed or enforced, or a commitment or undertaking enforced, by a judicial authority, a regulatory body, or a competition authority pursuant to a Party's competition law, to prevent or remedy a restriction or a distortion of competition; or \n>>>(f) a decision, by a regulatory body or a judicial authority of a Party, requiring a manufacturer or supplier of a commercial ICT product that uses cryptography to preserve and make available any information to which subparagraph (a) of paragraph 1 applies in furtherance of an investigation, inspection, examination, enforcement action or a judicial proceeding." } ] }, "db_exceptions": { "applicable": false, "GeneralExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The DTA does not modify the horizontal general exceptions of the underlying UK-Ukraine Political, Free Trade and Strategic Partnership Agreement, which continue to apply." } ] }, "SecurityExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The DTA does not modify the horizontal security exceptions of the underlying UK-Ukraine Political, Free Trade and Strategic Partnership Agreement, which continue to apply." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 132-K. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal data, if this activity is for the conduct of the business of a covered person." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 132-K. Cross-Border Transfer of Information by Electronic Means", "description": "#[[legitimate public policy objective]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 132-K. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." }, { "full-name": "Article 132-J. Personal Data Protection", "description": "", "text": ">>2. Each Party shall adopt or maintain a legal framework that provides for the protection of the personal data of natural persons." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 123. Financial Information (as replaced by the DTA)", "description": "The DTA replaces the underlying agreement's Article 123 (Data Processing) with financial data transfer and localisation commitments.", "text": ">>1. Neither Party shall restrict a financial service supplier of the other Party from transferring information, including transfers of data by electronic means, where such transfers are for the conduct of the ordinary business of the financial service supplier. \n>>2. Subject to paragraph 3, neither Party shall require a financial service supplier of the other Party to use or locate financial services computing facilities in the Party's territory as a condition for conducting business in the Party's territory. \n>>3. Each Party has the right to require a financial service supplier of the other Party to use or locate financial services computing facilities in its territory, where it is not able to ensure access to information required for the purposes of financial regulation and supervision, provided that to the extent practicable, the Party provides a financial service supplier of the other Party with a reasonable opportunity to remediate any lack of access to information." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 132-A. Scope and General Provisions", "description": "", "text": ">>5. For greater certainty, a measure that affects the supply of a service delivered or performed electronically is subject to the obligations contained in relevant provisions of Section 2 (Establishment), Section 3 (Cross-Border Supply of Services), and Section 5 (Regulatory Framework) of this Chapter, including exceptions or reservations, as set out in this Agreement, that are applicable to those obligations.", "$comment": "Articles 132-K and 132-L do not apply to government information (Article 132-A(3)) or government procurement (Article 132-A(4))." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception; the underlying agreement's horizontal security exceptions apply." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 132-M. Open Government Information", "description": "", "text": ">>2. The Parties recognise that facilitating public access to and use of government information fosters economic and social development, competitiveness, and innovation. To this end, each Party is encouraged to expand the coverage of government information digitally available for public access and use, through engagement and consultation with interested stakeholders. \n>>3. Each Party shall provide interested persons with a mechanism to request the disclosure of specific government information." }, { "full-name": "Article 132-M. Open Government Information", "description": "", "text": ">>4. To the extent that a Party chooses to make government information available to the public, it shall endeavour to ensure that the information is: \n>>>(a) in a machine-readable and open format, and can be searched, retrieved, used, reused, and redistributed; \n>>>(b) accompanied by metadata that is, to the extent possible, based on commonly used formats that allow the user to understand and utilise the data; and \n>>>(c) to the extent practicable, made available in a spatially enabled format with reliable, easy to use, and freely available Application Programming Interfaces, and is regularly updated." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 132-P. Source Code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party. \n>>>(9) For the purposes of this Article, a reference to \"source code\" includes an algorithm embedded in the source code, but does not include the expression of that algorithm in any other form, including in prose." }, { "full-name": "Article 132-P. Source Code", "description": "", "text": ">>2. Nothing in this Article shall be construed to: \n>>>(a) preclude a regulatory body or a judicial authority of a Party, or a designated conformity assessment body operating in a Party's territory, from requiring a person of the other Party to preserve and make available the source code of software in furtherance of an investigation, inspection, examination, enforcement action, or judicial proceedings; or \n>>>(b) apply to a remedy imposed, enforced, or adopted by a regulatory body or a judicial authority of a Party, in accordance with a Party's law following an investigation, inspection, examination, enforcement action, or judicial proceeding." }, { "full-name": "Article 132-P. Source Code", "description": "", "text": ">>4. This Article shall not apply to the voluntary transfer of, or granting of access to, source code of software by a person of the other Party: \n>>>(a) on a commercial basis, such as in the context of a freely negotiated contract; or \n>>>(b) under open source licences, such as in the context of open source coding." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Digital Partnership Agreement between the Government of the Republic of Korea and the Government of the Republic of Singapore", "short-name": "KOR-SGP (2023)", "description": "A digital partnership agreement that replaces and modernises the digital economy chapter of the 2006 Korea-Singapore FTA. It commits both parties to free cross-border data flows and a data localisation prohibition qualified by a legitimate-public-policy exception, adds artificial intelligence cooperation commitments, preserves regulatory autonomy for personal data protection, and replaces the underlying FTA's general exceptions with updated GATT/GATS-based language covering the digital economy chapter.", "date-signed": "2022-11-21", "date-effective": "2023-01-14", "parties": [ { "country-name": "Korea, Republic of", "country-code": "KOR" }, { "country-name": "Singapore", "country-code": "SGP" } ], "agreement-type": "Bilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.28: Artificial Intelligence", "description": "", "text": ">>1. The Parties recognise that the use and adoption of Artificial Intelligence ('AI') technologies are becoming increasingly important within a digital economy offering significant social and economic benefits to natural persons and enterprises." }, { "full-name": "Article 14.28: Artificial Intelligence", "description": "", "text": " >>2. The Parties also recognise the importance of developing ethical governance frameworks for the trusted, safe and responsible use of AI technologies that will help realise the benefits of AI. In view of the cross-border nature of the digital economy, the Parties further acknowledge the benefits of ensuring that such frameworks are internationally aligned as far as possible." }, { "full-name": "Article 14.28: Artificial Intelligence", "description": "", "text": ">>3. To this end, the Parties shall endeavour to: \n>>>(a) collaborate on and promote the development and adoption of frameworks that support the trusted, safe, and responsible use of AI technologies ('AI Governance Frameworks'), through relevant regional, multilateral, and international fora; [...]" }, { "full-name": "Article 14.28: Artificial Intelligence", "description": "", "text": ">>3. To this end, the Parties shall endeavour to: [...] \n>>>(b) take into consideration internationally-recognised principles or guidelines when developing such AI Governance Frameworks; [...]" }, { "full-name": "Article 14.28: Artificial Intelligence", "description": "", "text": ">>3. To this end, the Parties shall endeavour to: [...] \n>>>(c) cooperate through promoting dialogue and sharing experiences on regulations, policies and initiatives relating to the use and adoption of AI technologies." } ] }, "cl_provisions": {}, "cd_provisions": {}, "cr_provisions": {}, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 21.2. General Exceptions", "description": "Article 21.2 of the Korea-Singapore Free Trade Agreement as replaced by the Annex to the Korea-Singapore Digital Partnership Agreement.", "text": ">>1. Article XX of GATT is incorporated into and made part of this Agreement, for the purposes of: \n>>>(a) Chapters 3 (National Treatment and Market Access for Goods), 4 (Rules of Origin), 5 (Customs Procedures), 6 (Trade Remedies), and 14 (Digital Economy), except to the extent that a provision of those Chapters applies to services or investment; and \n>>>(b) Chapter 16 (Government Procurement), except to the extent that any of its provisions applies to services." }, { "full-name": "Article 21.2. General Exceptions", "description": "Article 21.2 of the Korea-Singapore Free Trade Agreement as replaced by the Annex to the Korea-Singapore Digital Partnership Agreement.", "text": ">>2. Subparagraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, for the purposes of: \n>>>(a) Chapters 3 (National Treatment and Market Access for Goods), 4 (Rules of Origin), 5 (Customs Procedures), 6 (Trade Remedies), and 14 (Digital Economy), to the extent that a provision of those Chapters applies to services; \n>>>(b) Chapter 9 (Cross Border Trade in Services); \n>>>(c) Chapter 10 (Investment); \n>>>(d) Chapters 11 (Telecommunication) and 12 (Financial Services); and \n>>>(e) Chapter 16 (Government Procurement), to the extent that a provision applies to services." } ] }, "SecurityExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Digital Partnership Agreement does not modify the security exceptions of the underlying Korea-Singapore FTA; no digital-trade-specific security exception is included." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 14.14: Cross-Border Transfer of Information by Electronic Means", "description": "South Korea and Singapore have agreed that they will not stop or limit the electronic sharing of information across borders. Specifically, they have addressed personal data, as long as its transfer is for business purposes of a person or company covered by the agreement.", "text": ">>2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal information, if this activity is for the conduct of business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 14.17: Personal Information Protection", "description": "South Korea and Singapore have agreed that APEC instruments are suitable to facilitate cross-border data transfers and agreed to work together towards the adoption of common cross-border information transfer mechanisms, such as the APEC Cross Border Privacy Rules System.", "text": ">>8. The Parties recognise that the APEC Cross Border Privacy Rules System and/or APEC Privacy Recognition for Processors System are valid mechanisms to facilitate cross-border information transfers while protecting personal information.\n >>9. The Parties shall endeavour to jointly promote the adoption of common cross-border information transfer mechanisms, such as the APEC Cross Border Privacy Rules System." }, { "full-name": "Article 14.16: Location of Computing Facilities for Financial Services", "description": "Singapore and South Korea have agreed to help financial companies freely choose where to keep and process their data internationally while making sure local financial authorities can access that information quickly and fully for oversight, no matter where the data is stored.", "text": ">>4. To this end, the Parties shall endeavour to: \n(a) [...]; \n(b) identify, develop, and promote joint initiatives to facilitate covered financial persons to use or locate computing facilities outside of a Party's territory, as they may wish, for the conduct of business, as long as the Party's financial regulatory authorities, for regulatory or supervisory purposes, have immediate, direct, complete and ongoing access to information processed or stored on computing facilities that covered financial persons use or locate outside of the Party's territory.", "$comment": "Also see `FinancialDataProtection`" }, { "full-name": "Article 14.25: Data Innovation", "description": "Singapore and South Korea have acknowledged that digital technology and data transfers help the economy grow. They understand it is important to create a supportive setting that encourages trying new ideas and inventing new things in the digital world. This includes setting up special areas where rules can be tested, called regulatory sandboxes.", "text": ">>1. The Parties recognise that digitalisation and the use of data in the digital economy promote economic growth. To support the cross-border transfer of information by electronic means and promote data-driven innovation in the digital economy, the Parties further recognise the need to create an environment that enables and supports, and is conducive to, experimentation and innovation, including through the use of regulatory sandboxes where applicable." } ] }, "ReviewAndAssessment": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 14.16: Location of Computing Facilities for Financial Services", "description": "", "text": ">>2. The Parties recognise that immediate, direct, complete, and ongoing access by a Party's financial regulatory authorities to information of covered financial persons, including information underlying the transactions and operations of such covered financial persons, is critical to financial regulation and supervision, and recognise the need to ensure such access. \n3. The Parties recognise that the ability of covered financial persons to aggregate, store, process and transmit data across borders is critical to the development of the Parties' financial sectors. The Parties further recognise that the ability of covered financial persons to use data and technology comprehensively across borders to supply financial services offers a range of benefits, including enhanced risk management capabilities, increased efficiency and operational effectiveness, insights that support innovation, improved consumer welfare, and others. \n4. To this end, the Parties shall endeavour to: \n(a) share experiences and views relating to the development, adoption, and implementation of policies and rules that can allow the Party's financial regulatory authorities, for regulatory or supervisory purposes, to have immediate, direct, complete and ongoing access to information processed or stored on computing facilities that covered financial persons use or locate outside of the Party's territory, without the need for covered financial persons to use or locate computing facilities in the Party's territory as a condition for conducting business in that territory; \n(b) [...]", "$comment": "Also see `FacilitationOfCrossBorderTransfer`" } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 14.14: Cross-Border Transfer of Information by Electronic Means", "description": "#[[legitimate public policy objective]] South Korea and Singapore have agreed that they will restrict cross-border data transfers only to achieve a legitimate public policy objective and in compliance with the exception's requirements.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n(b) does not impose restrictions on transfers of information greater than are required to achieve the objective.", "$comment": "Also see horizontal general exceptions in `db_exceptions`" } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "See horizontal security exceptions in `db_exceptions`" } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 14.14: Cross-Border Transfer of Information by Electronic Means", "description": "#[[arbitrary discrimination]] Singapore and South Korea have agreed that measures resulting in arbitrary discrimination cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n(b) [...]" }, { "full-name": "Article 14.14: Cross-Border Transfer of Information by Electronic Means", "description": "#[[disguised trade restrictions] Singapore and South Korea have agreed that measures constituting disguised restrictions on trade cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n(b) [...]," }, { "full-name": "Article 14.14: Cross-Border Transfer of Information by Electronic Means", "description": "#[[necessity test]] Singapore and South Korea have agreed that measures imposing restrictions on cross-border transfers greater than required to achieve the legitimate public policy objective cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n(a) [...]; and \n(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 14.14: Cross-Border Transfer of Information by Electronic Means", "description": "Singapore and South Korea have agreed that each one may set its own rules for transferring data electronically. However, these rules are subject to requirements of non-arbitrariness, non-discrimination (must not be disguised restrictions on trade), and proportionality.", "text": "1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means, provided that the requirements are not arbitrary or a disguised restriction on trade and are proportionate." } ] }, "IndigenousData": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] } }, "ndt_provisions": {}, "ogd_provisions": {}, "sc_provisions": {}, "ts_provisions": {} } ] }, { "treaty-name": "Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and New Zealand", "short-name": "GBR-NZL (2023)", "description": "The UK-New Zealand FTA includes provisions that require to ensure the free cross-border transfer of electronic data, safeguarding both countries' sovereignty in regulating data localisation while ensuring data protection and privacy in accordance with international standards. Exceptions to these data flow provisions are limited to legitimate public policy objectives, subject to non-discriminatory and proportionate application. The pact also respects the Treaty of Waitangi, affirming New Zealand's commitment to protecting Māori interests in the digital domain.", "date-signed": "2022-02-28", "date-effective": "2023-05-31", "parties": [ { "country-name": "United Kingdom", "country-code": "GBR" }, { "country-name": "New Zealand", "country-code": "NZL" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 15.19: Digital Innovation and Emerging Technologies", "description": "", "text": ">>1. The Parties recognise the increasing social and economic importance of digital innovation and emerging technologies, and the importance of the safe and responsible development and use of emerging technologies to foster public trust." }, { "full-name": "Article 15.19: Digital Innovation and Emerging Technologies", "description": "", "text": ">>2. The Parties further recognise that digital innovation and emerging technologies: \n>>>(a) have important roles in promoting economic competitiveness and facilitating international trade and investment flows; and \n>>>(b) may require coordinated action, including between the Parties, across multiple sectors and trade policy areas to maximise their economic and social benefits, including trade between the Parties. When taking that action, the Parties shall take into consideration relevant international frameworks." }, { "full-name": "Article 15.19: Digital Innovation and Emerging Technologies", "description": "", "text": ">>3. Each Party shall endeavour to develop governance and policy frameworks for the trusted, safe, and responsible use of emerging technologies. To this end, in developing those frameworks, the Parties recognise the importance of: \n>>>(a) taking into account the principles and guidelines of relevant international bodies, such as the OECD and the Global Partnership on Artificial Intelligence; \n>>>(b) utilising risk-based or outcome-based approaches to regulation that take into account industry-led standards and risk management best practices; and \n>>>(c) having regard to the principles of technological interoperability and technological neutrality." }, { "full-name": "Article 15.19: Digital Innovation and Emerging Technologies", "description": "", "text": ">>4. The Parties shall cooperate, as appropriate, on matters related to digital innovation and emerging technologies with respect to trade. This may include: \n>>>(a) exchanging information, and sharing experiences and best practices on the development and implementation of law and policies, including matters of enforcement and compliance; \n>>>(b) cooperating on developments relating to emerging technologies, including ethical use, industry-led standards, and algorithmic transparency, to address issues such as unintended biases and exacerbation of existing divides, by ensuring human diversity is recognised in the development of technologies; and \n>>>(c) participating actively in international fora." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 15.4: Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 15.4: Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees, or other charges on electronic transmissions, including content transmitted electronically, provided that those taxes, fees, or charges are imposed in a manner consistent with this Agreement." }, { "full-name": "Article 15.4: Customs Duties", "description": "", "text": ">>3. The Parties shall cooperate in relevant international fora to promote the adoption of commitments by non-parties not to impose customs duties on electronic transmissions." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 15.15: Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 15.15: Location of Computing Facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 15.15: Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>1. Neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import, or use of that commercial ICT product, to: \n>>>(a) transfer or provide access to any proprietary information relating to cryptography, including by disclosing a particular technology or production process or other information, for example, a private key or other secret parameter, algorithm specification, or other design detail, to that Party or a person in the territory of that Party; [...]" }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>1. Neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import, or use of that commercial ICT product, to: [...] \n>>>(b) partner or otherwise cooperate with a person in the territory of that Party in the development, manufacture, sale, distribution, import, or [...]" }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>1. Neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import, or use of that commercial ICT product, to: [...] \n>>>(c) use or integrate a particular cipher or cryptographic algorithm." }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>2. Notwithstanding paragraph 1 of Article 15.3 (Scope and General Provisions), this Article shall apply to commercial ICT products that use cryptography.(3) [...] \n>>(3) For greater certainty, for the purposes of this Article, a commercial ICT product does not include a financial instrument." }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. This Article shall not apply to: \n>>>(a) a Party's law enforcement authorities requiring service suppliers using encryption to provide access to encrypted and unencrypted communications pursuant to that Party's legal procedures; [...]" }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. This Article shall not apply to: [...] \n>>>(b) the regulation of financial instruments; [...]" }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. This Article shall not apply to: [...] \n>>>(c) a requirement that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by that Party, including those of central banks; [...]" }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. This Article shall not apply to: [...] \n>>>(d) measures by a Party adopted or maintained pursuant to supervisory, investigatory, or examination authority relating to financial service suppliers or financial markets; [...]" }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. This Article shall not apply to: [...] \n>>>(e) the manufacture, sale, distribution, import, or use of a commercial ICT product by or for a Party; or [...]" }, { "full-name": "Article 15.12: Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. This Article shall not apply to: [...] \n>>>(f) a commercial ICT product other than a good." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures), Chapter 6 (Animal Welfare), Chapter 7 (Technical Barriers to Trade), Articles 14.5 (Market Access - Investment) to Article 14.9 (Senior Management and Boards of Directors - Investment), Chapter 15 (Digital Trade), and Chapter 19 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>2. For the purposes of Chapter 9 (Cross-Border Trade in Services), Chapter 10 (Domestic Regulation), Chapter 11 (Financial Services), Chapter 12 (Telecommunications), Chapter 13 (Temporary Entry of Business Persons), Articles 14.5 (Market Access - Investment) to Article 14.9 (Senior Management and Boards of Directors - Investment), Chapter 15 (Digital Trade), and Chapter 19 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b), and (c) of Article XIV of GATS including its footnotes are incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>3. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 and Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health and measures necessary to mitigate climate change, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources.(1) \n >>(1) 'non-living exhaustible natural resources' includes clean air and a global atmosphere with safe levels of greenhouse gases." }, { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>4. For the purposes of this Agreement, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in goods or services and investment, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures necessary to protect national works or specific sites of historical or archaeological value, or to support creative arts(2) of national value. This paragraph shall not apply to Chapter 17 (Intellectual Property). \n >>(2) 'creative arts' include nga toi Maori (Maori arts), the performing arts - including theatre, dance, and music, haka (traditional Maori posture dance), waiata (song or chant) - visual arts and craft such as painting, sculpture, whakairo (carving), raranga (weaving), and ta moko (traditional Maori tattoo), literature, film and video, language arts, creative online content, indigenous traditional practice and contemporary-cultural expression, and digital interactive media and hybrid art work, including those that use new technologies to transcend discrete art form divisions. The term encompasses those activities involved in the presentation, execution, and interpretation of the arts; and the study and technical development of these art forms and activities." }, { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>5. Nothing in this Agreement shall be construed to prevent a Party from taking action, including maintaining or increasing a customs duty, that is authorised by the Dispute Settlement Body of the WTO or is taken as a result of a decision by a dispute settlement panel under a free trade agreement to which the Party taking action and the Party against which the action is taken are party." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 32.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: \n>>>(a) require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or [...]" }, { "full-name": "Article 32.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: \n>>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 32.5. Treaty of Waitangi", "description": "", "text": ">>1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods, trade in services, and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement including in fulfilment of its obligations under the Treaty of Waitangi." }, { "full-name": "Article 32.5. Treaty of Waitangi", "description": "", "text": ">>2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 31 (Dispute Settlement) shall otherwise apply to this Article. A panel established under Article 31.6 (Establishment of a Panel - Dispute Settlement) may be requested by the other Party to determine only whether any measure (referred to in paragraph 1) is inconsistent with its rights under this Agreement." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 15.14. Cross-Border Transfer of Information by Electronic Means", "description": "UK and New Zealand have agreed that they will not stop or limit the electronic sharing of data across borders. Specifically, they have addressed personal data. This obligation applies to cross-border data transfer conducted for business purposes of covered entities.", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, if this activity is for the conduct of the business of a covered person." }, { "full-name": "Article 15.3. Scope and General Provisions", "description": "UK and New Zealand have agreed that provisions prohibiting data localisation do not apply to audiovisual services and government data or measures related to it.", "text": ">>2. This Chapter shall not apply to: \n>>>(a) audio-visual services; or \n>>>(b) [...]; \n>>3. [...] Article 15.14 (Cross-Border Transfer of Information by Electronic Means), [...] shall not apply to information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "FTA includes no specific provisions on facilitation of cross-border data flows. However, there are many provisions on facilitation of digital trade and its aspects other than cross-border data transfers as such." } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 15.22. Review", "description": "UK and New Zealand have agreed to review the operation and implementation of the FTA, including provisions related to cross-border data transfers.", "text": ">>1. To take into account developments in digital trade, the Parties shall review the operation and implementation of this Chapter and Article 11.7 (Financial Data and Information - Financial Services) within two years of the date of entry into force of this Agreement unless the Parties agree otherwise.", "$comment": "Also see s 2 of `Article 15.22: Review` in `IndigenousData`" } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 11.7. Financial Data and Information", "description": "UK and New Zealand have agreed that they will not restrict the transfer of financial data and information across borders. This obligation applies to cross-border data transfers necessary for conducting business by covered entities.", "text": ">>1. Neither Party shall restrict a financial service supplier of the other Party from transferring information, including transfers of data by electronic means, where such transfers are necessary for the conduct of the ordinary business of the financial service supplier." }, { "full-name": "Article 11.7. Financial Data and Information", "description": "UK and New Zealand have agreed that they will not require financial service suppliers to use, store, or process data in their territory as a condition for conducting business. States specifically mentioned that this obligation applies to data related activities outsourced to third parties.", "text": ">>2. Subject to paragraphs 3 and 4, it is prohibited for a Party to require, as a condition for conducting business in the Party's territory, a financial service supplier of the other Party to use, store, or process information in the Party's territory. This prohibition also applies to circumstances in which a financial service supplier of the other Party uses the services of an external business for such use, storage, or processing of information." }, { "full-name": "Article 11.7. Financial Data and Information", "description": "UK and New Zealand have agreed that they will have the right to require data localisation from financial service suppliers in case their access to data cannot be provided otherwise. In such event, prior to ordering data localisation they must provide the supplier a reasonable opportunity to make up for the lack of access to data. In addition, they must consult the regulatory authorities of the affected party.", "text": ">>3.Each Party has the right to require that information of a financial service supplier of the other Party is used, stored, or processed in its territory, where it is not able to ensure access to information required for the purposes of financial regulation and supervision, provided that the following conditions are met: \n>>>(a) to the extent practicable, the Party provides a financial service supplier of the other Party with a reasonable opportunity to remediate any lack of access to information; and \n>>>(b) the Party or its regulatory authorities consult the other Party or its regulatory authorities before imposing any requirements to a financial service supplier of the other Party to use, store, or process information in its territory." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 15.14. Cross-Border Transfer of Information by Electronic Means", "description": "UK and New Zealand have agreed that they will restrict cross-border data transfers only to achieve a legitimate public policy objective and in compliance with the exception's requirements.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." }, { "full-name": "Article 15.3. Scope and General Provisions", "description": "UK and New Zealand have agreed that provisions prohibiting data localisation are subject to horizontal general exceptions and provisions on non-compliance for trade in services.", "text": ">>4. Article 15.14 (Cross-Border Transfer of Information by Electronic Means) [...] shall not apply to aspects of a Party’s measures that do not conform with an obligation in Chapter 9 (Cross-Border Trade in Services) or Chapter 14 (Investment), to the extent that such measures are adopted or maintained in accordance with: \n>>>(a) Article 9.8 (Non-Conforming Measures - Cross-Border Trade in Services) or Article 14.10 (Non-Conforming Measures - Investment); or \n>>>(b) any exception that is applicable to the obligations in Chapter 9 (Cross- Border Trade in Services) and Chapter 14 (Investment)." }, { "full-name": "Article 11.7. Financial Data and Information", "description": "UK and New Zealand have agreed that they will restrict the transfer of financial data and information across borders only to achieve a legitimate public policy objective and in compliance with the exception's requirements.", "text": ">>4. Nothing in this Article shall restrict the right of a Party to adopt or maintain measures inconsistent with paragraph 1 or paragraph 2 to achieve a legitimate public policy objective, such as the protection of personal data, personal privacy, and the confidentiality of individual records and accounts, provided that such measures: \n>>>(a) are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) do not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "Article 15.3. Scope and General Provisions", "description": "UK and New Zealand have agreed that provisions prohibiting data localisation are subject to horizontal security exceptions.", "text": ">>4. Article 15.14 (Cross-Border Transfer of Information by Electronic Means) [...] shall not apply to aspects of a Party’s measures that do not conform with an obligation in Chapter 9 (Cross-Border Trade in Services) or Chapter 14 (Investment), to the extent that such measures are adopted or maintained in accordance with: \n>>>(a) [...]; or \n>>>(b) any exception that is applicable to the obligations in Chapter 9 (Cross- Border Trade in Services) and Chapter 14 (Investment).", "$comment": "Also see horizontal security exceptions in `db_exceptions`" } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 15.14. Cross-Border Transfer of Information by Electronic Means", "description": "#[[arbitrary discrimination]] UK and New Zealand have agreed that measures resulting in arbitrary or unjustifiable discrimination cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or [...]; and \n>>>(b) [...]" }, { "full-name": "Article 15.14. Cross-Border Transfer of Information by Electronic Means", "description": "#[[disguised trade restrictions] UK and New Zealand have agreed that measures constituting disguised restrictions on trade cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute [...] or a disguised restriction on trade; and \n>>>(b) [...]" }, { "full-name": "Article 15.14. Cross-Border Transfer of Information by Electronic Means", "description": "#[[necessity test]] UK and New Zealand have agreed that measures imposing restrictions on cross-border transfers greater than required to achieve the legitimate public policy objective cannot qualify for an exception even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) [...]; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 15.14. Cross-Border Transfer of Information by Electronic Means", "description": "UK and New Zealand have agreed that they can set their own rules for transferring data electronically. However, these rules are subject to requirements of non-arbitrariness, non-discrimination (must not be disguised restrictions on trade), and necessity.", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means.", "$comment": "Also see `MeasuresConsistency`" }, { "full-name": "Article 15.13. Personal Information Protection", "description": "UK and New Zealand have agreed that they will protect personal data of digital trade users. In doing so, they will take into account principles and guidelines of relevant international bodies in the development of their legal frameworks and work towards their compatability and interoperability.", "text": ">>2. Each Party shall adopt or maintain a legal framework that provides for the protection of the personal information of the users of digital trade. In the development of its legal framework for the protection of personal information, each Party shall take into account principles and guidelines of relevant international bodies. \n>>6. Each Party shall pursue the development of mechanisms to promote compatibility and interoperability between these different regimes for protecting personal information. These mechanisms may include the recognition of regulatory outcomes, whether accorded autonomously or by mutual arrangement, or broader international frameworks. To this end, the Parties shall exchange information on any mechanisms applied in their respective jurisdictions and explore ways to extend these or other suitable arrangements to promote compatibility and interoperability between them. " }, { "full-name": "Article 15.19. Digital Innovation and Emerging Technologies", "description": "UK and New Zealand have agreed that they will develop policy frameworks for the trusted, safe, and responsible use of emerging technologies. In doing so, they will take into account principles and guidelines of relevant international bodies, utilise risk-based or outcome-based approaches to regulation, and have regard to the principles of technological interoperability and technological neutrality.", "text": ">>3. Each Party shall endeavour to develop governance and policy frameworks for the trusted, safe, and responsible use of emerging technologies. To this end, in developing those frameworks, the Parties recognise the importance of: \n>>>(a) taking into account the principles and guidelines of relevant international bodies, such as the OECD and the Global Partnership on Artificial Intelligence; \n>>>(b) utilising risk-based or outcome-based approaches to regulation that take into account industry-led standards and risk management best practices; and \n>>>(c) having regard to the principles of technological interoperability and technological neutrality." } ] }, "IndigenousData": { "applicable": true, "details": [ { "full-name": "Article 15.22. Review", "description": "New Zealand has made a reservation that in the context of review it ensure that the Treaty of Waitangi is respected and that Māori interests are supported and promoted under the agreement.", "text": ">>2. In the context of [...] review, and following the release of the Waitangi Tribunal's Report Wai 2522 dated 19 November 2021, New Zealand: \n>>>(a) reaffirms its continued ability to support and promote Maori interests under this Agreement; and \n>>>(b) affirms its intention to engage Māori to ensure the review outlined in paragraph 1 takes account of the continued need for New Zealand to support Māori to exercise their rights and interests, and meet its responsibilities under Te Tiriti o Waitangi/the Treaty of Waitangi and its principles.", "$comment": "Also see `Article 32.5: Tiriti O Waitangi / Treaty of Waitangi` in `db_exceptions`" } ] } }, "ndt_provisions": { "applicable": false }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 15.17. Open Government Data", "description": "", "text": ">>1. For the purposes of this Article, government data and information means non-proprietary data and information held by the central level of government and, to the extent provided for under a Party's laws and regulations, by other levels of government." }, { "full-name": "Article 15.17. Open Government Data", "description": "", "text": ">>2. The Parties recognise that facilitating public access to and use of government data and information fosters economic and social development, competitiveness, and innovation. To this end, each Party is encouraged to expand the coverage of government data and information digitally available for public access and use, through engagement and consultation with interested stakeholders, and Maori in the case of New Zealand." }, { "full-name": "Article 15.17. Open Government Data", "description": "", "text": ">>3. To the extent that a Party makes government data and information available to the public, it shall endeavour to ensure that the data and information is in a machine-readable and open format and can be searched, retrieved, used, reused, and redistributed." }, { "full-name": "Article 15.17. Open Government Data", "description": "", "text": ">>4. Each Party shall provide interested persons with the opportunity to request the disclosure of specific government data and information." }, { "full-name": "Article 15.17. Open Government Data", "description": "", "text": ">>5. The Parties shall cooperate, as appropriate, to identify ways in which each Party can expand access to and the use of government data and information that the Party has made public, with a view to enhancing and generating business opportunities, especially for SMEs." } ] }, "sc_provisions": { "applicable": false }, "ts_provisions": { "applicable": false } } ] }, { "treaty-name": "Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore", "short-name": "SGP-GBR (2022)", "description": "A comprehensive digital economy agreement covering the full breadth of the dataset's provision categories: hard data flow and localisation commitments with a public policy exception, bans on customs duties on electronic transmissions, source code and cryptography protections, non-discrimination commitments, open government data, digital trade standards and artificial intelligence cooperation, backed by horizontal general and security exceptions.", "date-signed": "2022-02-25", "date-effective": "2022-06-14", "parties": [ { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "United Kingdom", "country-code": "GBR" } ], "agreement-type": "Bilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" }, { "provision-name": "Digital Trade Standards", "provision-code": "ts_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-R: Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>1. The Parties recognise that artificial intelligence and emerging technologies play important roles in promoting economic competitiveness and facilitating international trade and investment flows." }, { "full-name": "ARTICLE 8.61-R: Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>2. The Parties shall endeavour, where appropriate, to develop governance and policy frameworks that take into account relevant international principles and guidelines, for the ethical, trusted, safe and responsible development and use of AI and emerging technologies, and that will help realise the benefits of these technologies.[...]" }, { "full-name": "ARTICLE 8.61-R: Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>[...] in developing such [governance and policy] frameworks, the Parties recognise the importance of: \n>>>(a) taking into account the principles and guidelines of relevant international bodies; [...] \n>>>(b) utilising risk-based approaches to regulation that are based on industry-led standards and risk management best practices; and \n>>>(c) having regard to the principles of technological interoperability and technological neutrality." }, { "full-name": "ARTICLE 8.61-R: Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>3. The Parties shall endeavour, where appropriate, to cooperate on matters related to AI and emerging technologies with respect to digital trade, including their cross-border deployment. Such cooperation may include: \n>>>(a) exchanging information and sharing experiences and best practices on research and industry activities, laws, regulations, policies, enforcement and compliance and promoting interoperability between international AI governance frameworks; \n>>>(b) cooperating on issues and developments relating to AI and emerging technologies, such as ethical use, human diversity and unintended biases, industry-led technical standards and algorithmic transparency; \n>>>(c) promoting collaboration between each Party's governmental and non-governmental entities across research, academia, and industry, in relation to: \n>>>>(i) research and development opportunities; \n>>>>(ii) joint deployment and test-bedding opportunities; \n>>>>(iii) opportunities for investment in and commercialisation of AI and emerging technologies; and \n>>>>(iv) responsible use and adoption of AI technologies; and \n>>>(d) participating actively in international fora, such as the Global Partnership on Artificial Intelligence, on matters concerning the interaction between trade and AI and emerging technologies." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.59: Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "ARTICLE 8.59: Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees, or other charges on electronic transmissions, including content transmitted electronically, provided that such taxes, fees, or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-G: Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "ARTICLE 8.61-G: Location of Computing Facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "ARTICLE 8.61-G: Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-J: Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>1. This Article applies to commercial ICT products that use cryptography. This Article does not apply to: \n>>>(a) a Party's law enforcement authorities requiring service suppliers using encryption to provide access to encrypted and unencrypted communications pursuant to that Party's legal procedures; \n>>>(b) the regulation of financial instruments; \n>>>(c) measures that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by that Party, including those of central banks; \n>>>(d) measures that a Party adopts or maintains pursuant to supervisory, investigatory or examination authority relating to financial service suppliers or financial markets; or \n>>>(e) the manufacture, sale, distribution, import or use of a commercial ICT product by or for a Party." }, { "full-name": "ARTICLE 8.61-J: Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>Neither Party shall require a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import or use of the commercial ICT product, to: \n>>>(a) transfer or provide access to any proprietary information relating to cryptography, including by disclosing a particular technology or production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, to that Party or a person in the territory of that Party; [...]" }, { "full-name": "ARTICLE 8.61-J: Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>Neither Party shall require a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import or use of the commercial ICT product, to: \n>>>(b) partner or otherwise cooperate with a person in the territory of that Party in the development, manufacture, sale, distribution, import or use of the product; or [...]" }, { "full-name": "ARTICLE 8.61-J: Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>Neither Party shall require a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import or use of the commercial ICT product, to: \n>>>(c) use or integrate a particular cryptographic algorithm." }, { "full-name": "ARTICLE 8.61-J: Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. This Article shall not preclude a regulatory body or judicial authority of a Party from requiring a manufacturer or supplier of a commercial ICT product that uses cryptography to: \n>>>(a) preserve and make available any information to which paragraph 2(a) applies for an investigation, inspection, examination, enforcement action or a judicial proceeding, subject to safeguards against unauthorised disclosure; or [...]" }, { "full-name": "ARTICLE 8.61-J: Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. This Article shall not preclude a regulatory body or judicial authority of a Party from requiring a manufacturer or supplier of a commercial ICT product that uses cryptography to: \n>>>(b) transfer or provide access to any information to which paragraph 2(a) applies for the purpose of imposing or enforcing a remedy granted in accordance with that Party's competition law following an investigation, inspection, examination, enforcement action or a judicial proceeding." }, { "full-name": "ARTICLE 8.61-J: Commercial Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>4. For greater certainty, this Article does not affect the rights and obligations of a Party under Article 8.61-K (Source Code). The Parties understand that this making available shall not be construed to negatively affect the status of any proprietary information relating to cryptography as a trade secret. \n>>The Parties understand that this making available shall not be construed to negatively affect the status of any proprietary information relating to cryptography as a trade secret." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 8.61-X: Security, Prudential Carve-out and General Exceptions", "description": "", "text": ">>Further to Article 8.62 (General Exceptions), this Section is subject to the exceptions provided for in Article 2.14 (General Exceptions), and, for greater certainty, the relevant provisions of this Chapter including Article 8.50 (Prudential Carve-out), and Chapter Sixteen (Institutional, General and Final Provisions)." }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: \n>>>(a) necessary to protect public security or public morals or to maintain public order (31); \n>>(31) The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society. [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(b) necessary to protect human, animal or plant life or health; [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic entrepreneurs or on the domestic supply or consumption of services; [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(d) necessary for the protection of national treasures of artistic, historic or archaeological value; [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(e) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter, including those relating to: \n>>>>(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts; \n>>>>(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; \n>>>>(iii) safety; [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(f) inconsistent with Article 8.6 (National Treatment) and Article 8.11 (National Treatment), provided that the difference in treatment is aimed at ensuring the effective or equitable imposition or collection of direct taxes in respect of economic activities, entrepreneurs or service suppliers of the other Party.(32) [...] \n>>Measures that are aimed at ensuring the effective or equitable imposition or collection of direct taxes include measures taken by a Party under its taxation system which: \n>>>(a) apply to non-resident entrepreneurs and service suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory; \n>>>(b) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory; \n>>>(c) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; \n>>>(d) apply to consumers of services supplied in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory; \n>>>(e) distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable items from other entrepreneurs and service suppliers, in recognition of the difference in the nature of the tax base between them; or \n>>>(f) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party's tax base. \n>>Tax terms or concepts in subparagraph (f) and in this footnote are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": ">Nothing in this Agreement shall be construed to: \n>>(a) require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests;" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": ">Nothing in this Agreement shall be construed to: \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>(i) connected with the production of or trade in arms, munitions and war materials, and related to traffic in other goods and materials and to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment; [...]" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": ">Nothing in this Agreement shall be construed to: \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: [...] \n>>>(ii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; [...]" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": ">Nothing in this Agreement shall be construed to: \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: [...] \n>>>(iii) relating to fissionable or fusionable materials, or to the materials from which they are derived; or [...];" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": ">Nothing in this Agreement shall be construed to: \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: [...] \n>>>(iv) taken in time of war or other emergency in international relations, or to protect critical public infrastructure (this relates to communications, power or water infrastructure providing essential goods or services to the general public) from deliberate attempts to disable or disrupt it;" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": ">Nothing in this Agreement shall be construed to: \n>>(c) prevent a Party from taking any action for the purpose of maintaining international peace and security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-F: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal information, if this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-F: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-F: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-H. Open Government Information", "description": "", "text": ">>1. The Parties recognise that facilitating public access to, and use of, government information may foster economic and social development, competitiveness, and innovation." }, { "full-name": "ARTICLE 8.61-H. Open Government Information", "description": "", "text": ">>2. To the extent that a Party chooses to make government information available to the public, it shall endeavour to ensure: \n>>>(a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable and open format that allows it to be searched, retrieved, used, reused and redistributed; and [...]", "$comment": "Section 2 provides a cumulative list of items, so these are to be read together" }, { "full-name": "ARTICLE 8.61-H. Open Government Information", "description": "", "text": ">>2. To the extent that a Party chooses to make government information available to the public, it shall endeavour to ensure: [...] \n>>>(b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use and freely available Application Programming Interfaces ('APis') and is regularly updated.", "$comment": "Section 2 provides a cumulative list of items, so these are to be read together" }, { "full-name": "ARTICLE 8.61-H. Open Government Information", "description": "", "text": ">>3. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to, and the use of, government information that the Party has made available to the public, with a view to enhancing and generating business and research opportunities, especially for small and medium-sized enterprises (SMEs)." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-K: Source Code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory." }, { "full-name": "ARTICLE 8.61-K: Source Code", "description": "", "text": ">>2. For greater certainty, paragraph 1 does not apply to the voluntary transfer of, or granting of access to, source code of software by a person of the other Party, including an algorithm expressed in that source code: \n>>>(a) on a commercial basis, such as in the context of a freely negotiated contract; or \n>>>(b) under open source licences, such as in the context of open source coding." }, { "full-name": "ARTICLE 8.61-K: Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude a regulatory body or a judicial authority of a Party, or designated conformity assessment body, from requiring a person of the other Party to preserve and make available the source code of software, including an algorithm expressed in that source code, for an investigation, inspection, examination, enforcement action or judicial proceeding, or the monitoring of compliance with codes of conduct and other standards, subject to safeguards against unauthorised disclosure." }, { "full-name": "ARTICLE 8.61-K: Source Code", "description": "", "text": ">>4. Paragraph 1 does not apply to transfers of, or the granting of access to, source code of software, including an algorithm expressed in that source code, for the purpose of the imposition, adoption or enforcement of a remedy granted in accordance with that Party's law following an investigation, inspection, examination, enforcement action or judicial proceeding." } ] }, "ts_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>1. The Parties recognise the importance of standards, technical regulations and conformity assessment procedures in fostering a well-functioning digital economy." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>2. The Parties shall endeavour to participate and cooperate, or where appropriate, encourage their respective bodies to participate and cooperate, in areas of mutual interest in international fora that both Parties are party to, to promote the development of standards relating to digital trade." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>3. The Parties recognise that mechanisms that facilitate the cross-border recognition of conformity assessment results can support the digital economy." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>4. To this end, the Parties shall endeavour, or where appropriate, encourage their respective bodies, in areas of mutual interest, to: \n>>>(a) exchange best practices relating to the development and application of standards, technical regulations and conformity assessment procedures that are related to the digital economy; [...]", "$comment": "Section 4 provides a cumulative list of items, so these are to be read together." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>4. To this end, the Parties shall endeavour, or where appropriate, encourage their respective bodies, in areas of mutual interest, to: [...] \n>>>(b) participate actively in international fora that both Parties or their respective bodies are party to in order to develop standards that are related to digital trade and to promote their adoption; [...]", "$comment": "Section 4 provides a cumulative list of items, so these are to be read together." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>4. To this end, the Parties shall endeavour, or where appropriate, encourage their respective bodies, in areas of mutual interest, to: [...] \n>>>(c) identify, develop and promote joint initiatives in the field of standards and conformity assessment that are related to digital trade; [...]", "$comment": "Section 4 provides a cumulative list of items, so these are to be read together." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>4. To this end, the Parties shall endeavour, or where appropriate, encourage their respective bodies, in areas of mutual interest, to: [...] \n>>>(d) actively consider the other Party's and its respective bodies' proposals for cooperation on standards, technical regulations and conformity assessment procedures relating to digital trade; and [...]", "$comment": "Section 4 provides a cumulative list of items, so these are to be read together." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>4. To this end, the Parties shall endeavour, or where appropriate, encourage their respective bodies, in areas of mutual interest, to: [...] \n>>>(e) cooperate between governmental and non-governmental bodies, including cross-border research or test-bedding projects, to develop a greater understanding, between the Parties and industry, of standards, technical regulations and conformity assessment procedures.", "$comment": "Section 4 provides a cumulative list of items, so these are to be read together." }, { "full-name": "ARTICLE 8.61-D: Standards and Conformity Assessment", "description": "", "text": ">>5. The Parties acknowledge the importance of information exchange and transparency with regard to the preparation, adoption and application of standards, technical regulations and conformity assessment procedures for digital trade. Each Party should endeavour to, upon request, or where appropriate, encourage their respective bodies to provide information on standards, technical regulations and conformity assessment procedures relating to digital trade, in print or electronically, within a reasonable period of time agreed by the Parties and, if possible, within 60 days." } ] } } ] }, { "treaty-name": "Pacific Alliance – Singapore Free Trade Agreement", "short-name": "Pacific Alliance-SGP (2022)", "description": "Extends Pacific Alliance digital trade disciplines to Singapore: data localisation and cross-border flow commitments qualified by public policy exceptions, customs duties prohibition, computing facilities, source code, non-discrimination of digital products and digital standards provisions, with horizontal general and security exceptions.", "date-signed": "2022-01-26", "date-effective": "2025-05-03", "parties": [ { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "Colombia", "country-code": "COL" }, { "country-name": "Mexico", "country-code": "MEX" }, { "country-name": "Peru", "country-code": "PER" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" }, { "provision-name": "Digital Trade Standards", "provision-code": "ts_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.15. Localisation of Computing Facilities", "description": "The agreement prohibits requiring the use or location of computing facilities in a Party's territory as a condition for doing business, subject to a public policy exception.", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications. \n>>2. No Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory. \n>>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that such measures: >>>(a) are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and >>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.5. Customs Duties", "description": "No Party shall impose customs duties on electronic transmissions between the Parties.", "text": ">>1. No Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party. \n>>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cr_provisions": { "applicable": false }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 24.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapters 3 (National Treatment and Market Access for Goods), 4 (Rules of Origin and Origin Procedures), 5 (Customs Administration and Trade Facilitation), 6 (Sanitary and Phytosanitary Measures), and 7 (Technical Barriers to Trade), Article XX of GATT 1994 and its interpretive notes are incorporated into this Agreement and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 24.1. General Exceptions", "description": "", "text": ">>2. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary for protecting human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to the measures related to the conservation of living and non- living exhaustible natural resources." }, { "full-name": "Article 24.1. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapters 9 (Cross-Border Trade in Services), 10 (International Maritime Transport Services), 11 (Temporary Entry for Business Persons), 12 (Telecommunications) and 13 (Electronic Commerce) (1), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary for protecting human, animal or plant life or health." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 24.2. Security Exceptions", "description": "Allows Parties to take measures they consider necessary for the protection of their essential security interests.", "text": ">>Nothing In this Agreement shall be construed to: >>>(a) require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or [...]" }, { "full-name": "Article 24.2. Security Exceptions", "description": "Allows Parties to take measures they consider necessary for the fulfilment of their obligations with respect to the maintenance or restoration of international peace or security.", "text": ">>Nothing in this Agreement shall be construed to: >>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 13.14. Cross-Border Transfer of Information by Electronic Means", "description": "Pacific Alliance and Singapore have agreed that they will not stop or limit the electronic sharing of data across borders. This obligation applies to cross-border data transfer conducted for business purposes of covered entities.", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "ReviewAndAssessment": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "FinancialDataProtection": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 13.14. Cross-Border Transfer of Information by Electronic Means", "description": "Pacific Alliance and Singapore have agreed that they will restrict cross-border data transfers only to achieve a legitimate public policy objective and in compliance with the exception's requirements.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 13.14. Cross-Border Transfer of Information by Electronic Means", "description": "[[#necessary test]] Pacific Alliance and Singapore have agreed that measures imposing restrictions on cross-border transfers imposed for a legitimate public policy objective must be necessary.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) [...]; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective.", "$comment": "The necessity test is formulated as 'greater than are required to achieve the objective' rather than 'necessary'." }, { "full-name": "Article 13.14. Cross-Border Transfer of Information by Electronic Means", "description": "[[#arbitrary discrimination]] Pacific Alliance and Singapore have agreed that measures resulting in arbitrary or unjustifiable discrimination cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or [...]; and \n>>>(b) [...]." }, { "full-name": "Article 13.14. Cross-Border Transfer of Information by Electronic Means", "description": "[[#disguised trade restrictions]] Pacific Alliance and Singapore have agreed that measures constituting disguised restrictions on trade cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not [...], or a disguised restriction on trade; and \n>>>(b) [...]." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 13.14. Cross-Border Transfer of Information by Electronic Means", "description": "Pacifical Alliance and Singapore have agreed that they can set their own rules for transferring data electronically. However, these rules are subject to requirements of non-arbitrariness and non-discrimination (must not be disguised restrictions on trade).", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "" } ] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.6. Non-Discriminatory Treatment of Digital Products", "description": "Prohibits less favourable treatment of digital products from the other Party.", "text": ">>1. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party, or to digital products of which the author, performer, producer, developer or owner is a person of the other Party, than it accords to other like digital products." } ] }, "ogd_provisions": { "applicable": false }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.18. Source Code", "description": "Prohibits requiring the transfer of or access to source code of software owned by a person of the other Party.", "text": ">>1. No Party shall require the transfer of, or access to, source code of software owned by a person of the other Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory. \n>>2. For the purposes of this Article, software subject to paragraph 1 is limited to mass-market software or products containing such software and does not include software used for critical infrastructure. \n>>3. Nothing in this Article shall preclude: >>>(a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or >>>(b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement. >>>4. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party." } ] }, "ts_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.16. Cooperation", "description": "Commits the Parties to participate actively in regional and multilateral forums on electronic commerce standards.", "text": ">>Recognising the global nature of electronic commerce, the Parties shall endeavour to: >>>(e) participate actively in regional and multilateral forums to promote the development of electronic commerce, including in relation to the development and application of international standards for electronic commerce;" } ] } } ] }, { "treaty-name": "Free Trade Agreement between the United Kingdom of Great Britain and Northern Ireland and Australia", "short-name": "GBR-AUS (2023)", "description": "Contains one of the most comprehensive UK digital trade chapters: hard data flow and localisation commitments with public policy and financial-data qualifications, bans on customs duties, source code and cryptography protections, artificial intelligence and open government data provisions, and general, security and Indigenous-related exceptions.", "date-signed": "2021-12-17", "date-effective": "2023-05-31", "parties": [ { "country-name": "United Kingdom", "country-code": "GBR" }, { "country-name": "Australia", "country-code": "AUS" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>1. The Parties recognise that emerging technologies, including artificial intelligence and other digital technologies, are becoming increasingly important within the global economy, and offer significant social and economic benefits." }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>2. The Parties shall cooperate, where appropriate through the Strategic Innovation Dialogue established pursuant to paragraph 1 of Article 20.5 (Strategic Innovation Dialogue), in activities aimed at encouraging the development and adoption of emerging technologies, and facilitating trade in related products and services. Those activities may include: \n>>>(a) sharing research and industry practices related to emerging technologies and their governance; [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": " >>2. The Parties shall cooperate, where appropriate through the Strategic Innovation Dialogue established pursuant to paragraph 1 of Article 20.5 (Strategic Innovation Dialogue), in activities aimed at encouraging the development and adoption of emerging technologies, and facilitating trade in related products and services. Those activities may include: [...] \n>>>(b) promoting and sustaining the responsible use and adoption of emerging technologies by businesses and across the community; [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": " >>2. The Parties shall cooperate, where appropriate through the Strategic Innovation Dialogue established pursuant to paragraph 1 of Article 20.5 (Strategic Innovation Dialogue), in activities aimed at encouraging the development and adoption of emerging technologies, and facilitating trade in related products and services. Those activities may include: [...] \n>>>(c) encouraging commercialisation opportunities and collaboration between research institutions, industries and businesses related to emerging technologies; [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": " >>2. The Parties shall cooperate, where appropriate through the Strategic Innovation Dialogue established pursuant to paragraph 1 of Article 20.5 (Strategic Innovation Dialogue), in activities aimed at encouraging the development and adoption of emerging technologies, and facilitating trade in related products and services. Those activities may include: [...] \n>>>(d) playing an active role in the development of international standards, regulations and conformity assessment procedures that provide clear expectations for businesses and support the growth of emerging technologies; [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": " >>2. The Parties shall cooperate, where appropriate through the Strategic Innovation Dialogue established pursuant to paragraph 1 of Article 20.5 (Strategic Innovation Dialogue), in activities aimed at encouraging the development and adoption of emerging technologies, and facilitating trade in related products and services. Those activities may include: [...] \n>>>(e) facilitating and promoting investment in research and development related to emerging technologies; [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": " >>2. The Parties shall cooperate, where appropriate through the Strategic Innovation Dialogue established pursuant to paragraph 1 of Article 20.5 (Strategic Innovation Dialogue), in activities aimed at encouraging the development and adoption of emerging technologies, and facilitating trade in related products and services. Those activities may include: [...] \n>>>(f) facilitating and promoting trade in emerging technologies, including by exchanging views on effective trade policy approaches." }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>3. The Parties also recognise the importance of developing governance frameworks for the trusted, safe, and responsible use of emerging technologies that will help realise the benefits of these technologies. [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>3. [...] The Parties further acknowledge the benefits of ensuring that those frameworks are internationally aligned as far as possible. To this end, [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>3. [...] the Parties shall endeavour to: \n>>>(a) collaborate on, and promote the development and adoption of, governance frameworks that support the trusted, safe, and responsible use of emerging technologies, through relevant international fora, in particular the Global Partnership on Artificial Intelligence; [...]" }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "", "text": ">>3. [...] the Parties shall endeavour to: \n>>>(b) take into consideration internationally recognised principles or guidelines, in particular the Organisation for Economic Cooperation and Development's Principles on Artificial Intelligence adopted by its Council on 22 May 2019, when developing those frameworks." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.11. Location of Computing Facilities", "description": "The agreement bans requiring a covered person to use or locate computing facilities in a Party's territory, subject to exceptions.", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 14.11. Location of Computing Facilities", "description": "Measures inconsistent with paragraph 2 are allowed for legitimate public policy objectives if not discriminatory and no more restrictive than necessary.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.3. Customs Duties", "description": "Neither Party may impose customs duties on electronic transmissions between the Parties.", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 14.3. Customs Duties", "description": "Paragraph 1 does not prevent internal taxes or fees on electronic transmissions when applied consistently with the Agreement.", "text": ">>2. For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, including content transmitted electronically, provided that those taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.19. Commercial Information and Communication Technology Products That Use Cryptography", "description": "Prohibits requiring access to proprietary cryptography or cooperation as a condition for sale or use of commercial ICT products.", "text": ">>1. Neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of a commercial information and communication technology (ICT) product that uses cryptography, as a condition of the manufacture, sale, distribution, import, or use of the ICT product, to: >>>(a) transfer or provide access to a particular technology, production process, or other information proprietary to the manufacturer or supplier; >>>(b) partner or otherwise cooperate with a person in the Party's territory in the development, manufacture, sale, distribution, import, or use of the ICT product; or >>>(c) use or integrate a particular cipher or cryptographic algorithm." }, { "full-name": "Article 14.19. Commercial Information and Communication Technology Products That Use Cryptography", "description": "Specifies that the article does not apply to government networks, financial regulation or products used by or for a Party.", "text": ">>2. This Article does not apply to: >>>(a) a requirement that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by that Party, including those of central banks; >>>(b) measures by a Party adopted or maintained pursuant to supervisory, investigatory, or examination authority relating to financial service suppliers or financial markets; or >>>(c) the manufacture, sale, distribution, import, or use of the commercial ICT product by or for a Party." } ] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 31.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Goods), Chapter 4 (Rules of Origin and Origin Procedures), Chapter 5 (Customs Procedures and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 7 (Technical Barriers to Trade), Chapter 13 (Investment), Chapter 14 (Digital Trade), and Chapter 18 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 31.1. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 8 (Cross-Border Trade in Services), Chapter 9 (Financial Services), Chapter 10 (Professional Services and Recognition of Professional Qualifications), Chapter 11 (Temporary Entry for Business Persons), Chapter 12 (Telecommunications), Chapter 13 (Investment), Chapter 14 (Digital Trade), and Chapter 18 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 31.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: >>>(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or [...]" }, { "full-name": "Article 31.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: [...] >>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Annex II. Schedule of Australia", "description": "", "text": ">2. Sector: All \n>>Description: Australia reserves the right to adopt or maintain any measure that accords preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation. \n>>For the purpose of this reservation, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples. \n>>Existing measures: Legislation and ministerial statements at all levels of government including Australia's foreign investment framework, and the Native Title Act 1993 (Cth)." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 14.10. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal information, if this activity is for the conduct of the business of a covered person." }, { "full-name": "Article 14.2. Scope and General Provisions", "description": "", "text": ">>2. This Chapter shall not apply to: \n>>>(a) audio-visual services; or \n>>>(b) [...];" }, { "full-name": "Article 14.2. Scope and General Provisions", "description": "", "text": ">>4. [...] Article 14.10 (Cross-Border Transfer of Information by Electronic Means), [...] shall not apply to information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "FTA includes no specific provisions on facilitation of cross-border data flows. However, there are many provisions on facilitation of digital trade and its aspects other than cross-border data transfers as such." } ] }, "ReviewAndAssessment": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "FTA includes no specific provisions on review and assessment of data localisation provisions. However, there are general review provisions, which must take account of developments in innovation." } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "FTA includes no specific provisions on prior authorisation for cross-border data transfers." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 9.12. Financial Data and Information", "description": "UK and Australia have agreed that they will not restrict the transfer of financial data and information across borders. This obligation applies to cross-border data transfers necessary for conducting business by covered entities.", "text": ">>2. Neither Party shall prohibit or restrict a financial service supplier of the other Party from transferring, including by electronic means, information including personal information, where those transfers are necessary for the conduct of the ordinary business of the financial service supplier." }, { "full-name": "Article 9.12. Financial Data and Information", "description": "UK and Australia have agreed that they will have the right to require data localisation from financial service suppliers in case their access to data cannot be provided otherwise. In such event, prior to ordering data localisation they must provide the supplier a reasonable opportunity to make up for the lack of access to data. In addition, they must consult the regulatory authorities of the affected party.", "text": ">>4. Each Party has the right to require a financial service supplier of the other Party to use or locate financial service computing facilities in the former Party's territory, where it is not able to ensure appropriate (19) access to information required for the purposes of financial regulation and supervision, provided that the following conditions are met: \n>>>(a) to the extent practicable, the Party provides a financial service supplier of the other Party with a reasonable opportunity to remediate any lack of access to information; and \n>>>(b) the Party or its regulatory authorities inform the other Party or its regulatory authorities before imposing any requirements to a financial service supplier of the other Party to use or locate financial service computing facilities in the former Party's territory." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 14.10. Cross-Border Transfer of Information by Electronic Means", "description": "UK and Australia have agreed that they will restrict cross-border data transfers only to achieve a legitimate public policy objective and in compliance with the exception's requirements.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." }, { "full-name": "Article 14.2. Scope and General Provisions", "description": "UK and Australia have agreed that provisions prohibiting data localisation are subject to horizontal general exceptions and provisions on non-compliance for trade in services.", "text": ">>4. Article 14.10 (Cross-Border Transfer of Information by Electronic Means) [...] shall not apply to aspects of a Party’s measures that do not conform with an obligation in Chapter 9 (Cross-Border Trade in Services) or Chapter 14 (Investment), to the extent that such measures are adopted or maintained in accordance with: \n>>>(a) Article 9.8 (Non-Conforming Measures - Cross-Border Trade in Services) or Article 14.10 (Non-Conforming Measures - Investment); or \n>>>(b) any exception that is applicable to the obligations in Chapter 9 (Cross- Border Trade in Services) and Chapter 14 (Investment)." }, { "full-name": "Article 14.2. Scope and General Provisions", "description": "UK and Australia have agreed that they will restrict the transfer of financial data and information across borders only to achieve a legitimate public policy objective and in compliance with the exception's requirements.", "text": ">>5. Nothing shall restrict the right of a Party to adopt or maintain measures inconsistent with paragraph 2 or paragraph 3 to achieve a legitimate public policy objective such as the protection of personal information, personal privacy, and the confidentiality of individual records and accounts, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information or on the use or [...] greater than are required to achieve the objective." }, { "full-name": "Article 9.12. Financial Data and Information", "description": "UK and Australia have agreed that they will restrict the transfer of financial data and information across borders only to achieve a legitimate public policy objective and in compliance with the exception's requirements.", "text": ">>5. Nothing shall restrict the right of a Party to adopt or maintain measures inconsistent with paragraph 2 or paragraph 3 to achieve a legitimate public policy objective such as the protection of personal information, personal privacy, and the confidentiality of individual records and accounts, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information or on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "See horizontal security exceptions in `db_exceptions`" } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 14.10. Cross-Border Transfer of Information by Electronic Means", "description": "#[[arbitrary discrimination]] UK and Australia have agreed that measures resulting in arbitrary or unjustifiable discrimination cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or [...]; and \n>>>(b) [...]" }, { "full-name": "Article 14.10. Cross-Border Transfer of Information by Electronic Means", "description": "#[[disguised trade restrictions] UK and Australia have agreed that measures constituting disguised restrictions on trade cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute [...] or a disguised restriction on trade; and >>>(b) [...]" }, { "full-name": "Article 14.10. Cross-Border Transfer of Information by Electronic Means", "description": "#[[necessity test]] UK and Australia have agreed that measures imposing restrictions on cross-border transfers greater than required to achieve the legitimate public policy objective cannot qualify for an exception even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) [...]; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 14.10. Cross-Border Transfer of Information by Electronic Means", "description": "UK and Australia have agreed that they can set their own rules for transferring data electronically. However, these rules are subject to requirements of non-arbitrariness, non-discrimination (must not be disguised restrictions on trade), and necessity.", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means.", "$comment": "Also see `MeasuresConsistency`" }, { "full-name": "Article 14.12. Personal Information Protection", "description": "UK and New Australia have agreed that they will protect personal data of digital trade users. In doing so, they will take into account principles and guidelines of relevant international bodies in the development of their legal frameworks and work towards their compatability and interoperability.", "text": "[...] each Party shall adopt or maintain a legal framework that provides for the protection of the personal information of the users of digital trade. In the development of its legal framework for the protection of personal information, each Party shall take into account principles and guidelines of relevant international bodies, including collection limitation, data quality, purpose specification, use limitation, security safeguards, transparency, individual participation, and accountability. \n6. Recognising that the Parties may take different legal approaches to protecting personal information, each Party shall encourage the development of mechanisms to promote compatibility between these different regimes. These mechanisms may include the recognition of regulatory outcomes, whether accorded autonomously or by mutual arrangement, or broader international frameworks. To this end, the Parties shall endeavour to exchange information on any such mechanisms applied in their jurisdictions and explore ways to extend these or other suitable arrangements to promote compatibility between them." }, { "full-name": "Article 20.4. Artificial Intelligence and Emerging Technologies", "description": "UK and Australia have agreed that they will develop policy frameworks for the trusted, safe, and responsible use of emerging technologies. In doing so, they will take into account principles and guidelines of relevant international bodies.", "text": ">>3. The Parties also recognise the importance of developing governance frameworks for the trusted, safe, and responsible use of emerging technologies that will help realise the benefits of these technologies. The Parties further acknowledge the benefits of ensuring that those frameworks are internationally aligned as far as possible. To this end, the Parties shall endeavour to: \n>>>(a) collaborate on, and promote the development and adoption of, governance frameworks that support the trusted, safe, and responsible use of emerging technologies, through relevant international fora, in particular the Global Partnership on Artificial Intelligence; and \n>>>(b) take into consideration internationally recognised principles or guidelines, in particular the Organisation for Economic Cooperation and Development's Principles on Artificial Intelligence adopted by its Council on 22 May 2019, when developing those frameworks." } ] }, "IndigenousData": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The FTA does not include specific provisions on indigenous data. However, it includes a general reservation made by Australia regarding all services sectors that allows Australia to provide for the favourable treatment of any Indigenous person or organisation. For the purpose of the reservation, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples. See `Annex II. Schedule of Australia` in `db_exceptions`." } ] } }, "ndt_provisions": { "applicable": false }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.13. Open Government Data", "description": "", "text": ">>1. For the purposes of this Article, government information means non-proprietary information, including data, held by the central level of government." }, { "full-name": "Article 14.13. Open Government Data", "description": "", "text": ">>3. To the extent that a Party chooses to make government information available to the public, it shall endeavour to ensure: >>>(a) that the information is appropriately anonymised, contains descriptive metadata, is in a machine-readable and open format, and can be searched, retrieved, used, reused, and redistributed; and >>>(b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use, and freely available application programming interfaces and is regularly updated." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.18. Source Code", "description": "The agreement prohibits requiring transfer of or access to source code as a condition for the import, distribution, sale or use of software.", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party, as a condition for the import, distribution, sale, or use of that software, or of a product containing that software, in its territory." }, { "full-name": "Article 14.18. Source Code", "description": "Allows authorities to require source code to be preserved and made available for investigations or judicial proceedings, subject to safeguards.", "text": ">>2. This Article does not preclude a government agency, regulatory body, administrative tribunal, or judicial authority of a Party, or a designated conformity assessment body operating in the Party's territory, from requiring a person of the other Party to preserve and make available the source code of software for an investigation, inspection, examination, enforcement action, or judicial or administrative proceeding, subject to safeguards against unauthorised disclosure." } ] }, "ts_provisions": { "applicable": false } } ] }, { "treaty-name": "Chile - Paraguay Free Trade Agreement", "short-name": "CHL-PRY (2021)", "description": "A modern Latin American FTA whose e-commerce chapter includes data localisation and cross-border flow commitments with public policy exceptions, customs duties prohibition, computing facilities, cryptography, source code, non-discrimination and open government data provisions, subject to horizontal general and security exceptions.", "date-signed": "2021-12-01", "date-effective": "2024-02-14", "parties": [ { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "Paraguay", "country-code": "PRY" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 7.3. Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions between a person of one Party and a person of the other Party." }, { "full-name": "Article 7.3. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on electronically transmitted content or digital products." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 7.12. Location of Computer Facilities", "description": "", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements relating to the use of computer facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 7.12. Location of Computer Facilities", "description": "", "text": ">>2. A Party may not require a person of the other Party to use or locate computer facilities in the territory of that Party as a condition of doing business in that territory." }, { "full-name": "Article 7.12. Location of Computer Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." }, { "full-name": "Article 7.12. Location of Computer Facilities", "description": "", "text": ">>4. The Parties undertake to exchange best practices, experiences and existing regulatory frameworks with respect to IT facilities." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>1. This section shall apply to information and communications technology (ICT) products that use cryptography." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and that is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product as a condition of manufacture, sale, distribution, importation or use of the product: \n>>>(a) transfers or provides access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithmic specification or other design detail, that is proprietary to the manufacturer or supplier and that relates to cryptography in the product, to the Party or to a person in the territory of the Party; [...]." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and that is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product as a condition of manufacture, sale, distribution, importation or use of the product: [...] \n>>>(b) associates with a person in its territory; or [...]" }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and that is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product as a condition of manufacture, sale, distribution, importation or use of the product: [...] \n>>>(c) uses or incorporates a particular cryptographic algorithm or cipher, except where the manufacture, sale, distribution, importation or use of the product is by or for the government of that Party." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>3. Paragraph 2 shall not apply to: \n>>>(a) requirements that a Party adopts or maintains relating to access to networks owned or controlled by that Party's government, including those of central banks; or \n>>>(b) measures taken by a Party pursuant to supervisory, investigative or examination authority relating to financial institutions or markets." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>3. Paragraph 2 shall not apply to: [...] \n>>>(b) measures taken by a Party pursuant to supervisory, investigative or examination authority relating to financial institutions or markets." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>4. For greater certainty, this Article shall not be construed to prevent a Party's law enforcement authorities from requiring service providers using encryption that they control to provide, in accordance with that Party's legal procedures, unencrypted communications." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 18.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapters 2 (Trade Facilitation), 4 (Sanitary and Phytosanitary Measures), 5 (Technical Barriers to Trade) and 7 (Electronic Commerce) of this Agreement, Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this instrument, mutatis mutandis." }, { "full-name": "Article 18.1. General Exceptions", "description": "", "text": ">>2. For the purposes of this Agreement, the Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources." }, { "full-name": "Article 18.1. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 6 (Trade in Services) and Chapter 7 (Electronic Commerce)(1), paragraphs (a), (b) and (c) of Article XIV of the GATS are hereby incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health. \n>>(1) This paragraph does not prejudge whether digital products should be classified as a good or service." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 18.2. Security Exceptions", "description": "", "text": ">>1. For the purposes of this Agreement, Article XXI of GATT 1994 and Article XIV bis of GATS are hereby incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 18.2. Security Exceptions", "description": "", "text": ">>2. Nothing in this Agreement shall be construed to mean: \n>>>(a) require a Party to provide or permit access to any information the disclosure of which it considers contrary to its essential security interests; or [...]" }, { "full-name": "Article 18.2. Security Exceptions", "description": "", "text": ">>2. Nothing in this Agreement shall be construed to mean: [...] \n>>>(b) prevent a Party from taking any action for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or which it considers necessary for the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 7.11. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Each Party shall permit the cross-border transfer of information by electronic means, including personal information, where such activity is for the conduct of the business of a person of a Party." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 7.11. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 7.11. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 7.11. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements regarding the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 7.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. No Party shall accord less favorable treatment to digital products created, produced, published, licensed, commissioned, or first made available on a commercial basis, in the territory of the other Party, or to digital products of which the author, performer, producer, developer, or owner is a person of the other Party, than it accords to other similar digital products.(5) \n>>(5) For greater certainty, to the extent that a digital product of a non-Party is a 'like digital product', it shall be qualified as an 'other like digital product' for the purposes of this paragraph." }, { "full-name": "Article 7.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. Paragraph 1 shall not apply to the extent of any inconsistency with intellectual property rights and obligations contained in other agreements to which a Party is a party." }, { "full-name": "Article 7.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-backed loans, guarantees and insurance." }, { "full-name": "Article 7.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>4. This Article shall not apply to broadcasting." } ] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 7.15. Open Government Data", "description": "", "text": ">>1. The Parties recognize that facilitating public access to and use of government information can foster economic and social development, competitiveness and innovation." }, { "full-name": "Article 7.15. Open Government Data", "description": "", "text": ">>2. To the extent that a Party makes government information, including data, publicly available, it shall endeavour to ensure that the information is made available as open data." }, { "full-name": "Article 7.15. Open Government Data", "description": "", "text": ">>3. The Parties shall seek to cooperate to identify ways in which Parties can expand access to and use of open data, with a view to improving and generating business opportunities." }, { "full-name": "Article 7.15. Open Government Data", "description": "", "text": ">>4. Cooperation under this Article may include activities such as: \n>>>(a) jointly identify sectors where open data sets, particularly those of global value, can be used to facilitate technology transfer, talent development and innovation, among others; [...]" }, { "full-name": "Article 7.15. Open Government Data", "description": "", "text": ">>4. Cooperation under this Article may include activities such as: [...] \n>>>(b) encourage the development of new products and services based on open data sets, and [...]" }, { "full-name": "Article 7.15. Open Government Data", "description": "", "text": ">>4. Cooperation under this Article may include activities such as: [...] \n>>>(c) encourage the use and develop open data licensing models in the form of standardised public licenses available online, which will allow anyone to freely access, use, modify and share open data for any purpose permitted by the Parties' respective laws and regulations, and which are based on open data formats." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 7.16. Source Code", "description": "", "text": ">>1. No Party shall require the transfer of, or access to, the source code of software owned by a person of the other Party as a condition for the importation, distribution, sale or use of such software, or products containing such software, in its territory." }, { "full-name": "Article 7.16. Source Code", "description": "", "text": ">>2. For the purposes of this Article, software subject to paragraph 1 is limited to software or products containing such software, and does not include software used for critical infrastructure." }, { "full-name": "Article 7.16. Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude: >>>(a) the inclusion or implementation of terms and conditions relating to the provision of source code in commercially negotiated contracts, or [...]" }, { "full-name": "Article 7.16. Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude: [...] \n>>>(b) a Party may require modification of the source code of the computer program necessary to bring that computer program into compliance with laws or regulations that are not inconsistent with this Agreement." } ] }, "ts_provisions": { "applicable": false } } ] }, { "treaty-name": "Free Trade Agreement between Iceland, the Principality of Liechtenstein and the Kingdom of Norway and the United Kingdom of Great Britain and Northern Ireland", "short-name": "GBR-ISL, LIE, NOR (2021)", "description": "The FTA entered into force for the United Kingdom, Norway and Liechtenstein on 1 September 2022 and for Iceland on 1 February 2023. Its digital trade chapter combines hard data flow and localisation commitments (with facilitation, review and no-prior-authorisation elements reflecting the EU-style approach) with customs duties, computing facilities, source code, open government data and artificial intelligence provisions, qualified by public policy, general and security exceptions; Norway reserved preferences for Indigenous persons in services and investment.", "date-signed": "2021-07-08", "date-effective": "2022-09-01", "parties": [ { "country-name": "United Kingdom", "country-code": "GBR" }, { "country-name": "Iceland", "country-code": "ISL" }, { "country-name": "Liechtenstein", "country-code": "LIE" }, { "country-name": "Norway", "country-code": "NOR" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 4.17. Emerging Technology Dialogue", "description": "", "text": ">>1. The Parties recognise the importance of: \n>>>(a) emerging technology as a contributor to economic growth and quality of life; \n>>>(b) developing standards relating to emerging technology; \n>>>(c) promoting public trust in the development and use of emerging technology; \n>>>(d) facilitating and promoting investment in emerging technology research and development; \n>>>(e) training workforces to use emerging technology; and \n>>>(f) collaboration between government and non-governmental entities in relation to the development, use and regulation of emerging technology.", "$comment": "For the purpose of this article 'emerging technologies' include artificial intelligence (AI) [See Article 4.2. Definitions]" }, { "full-name": "Article 4.17. Emerging Technology Dialogue", "description": "", "text": ">>2. The Parties shall establish a strategic dialogue on emerging technology (Dialogue), which shall meet as decided by the Parties. The Parties shall, through the Dialogue, endeavour to: \n>>>(a) cooperate on issues and developments relating to emerging technology, such as ethical use, human diversity and unintended biases, technical standards and algorithmic transparency; \n>>>(b) exchange information, and share experiences and best practices on laws, regulations, policies, enforcement and compliance relating to emerging technology; \n>>>(c) promote collaboration between government and non-governmental entities of the Parties in relation to investment, research and development opportunities in emerging technology; \n>>>(d) promote the involvement of non-governmental persons or groups in the Dialogue; and \n>>>(e) discuss any other matter related to this Article they consider appropriate.", "$comment": "For the purpose of this article 'emerging technologies' include artificial intelligence (AI) [See Article 4.2. Definitions]" } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 4.4. Customs Duties", "description": "", "text": ">>1. A Party shall not impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of another Party.", "$comment": ">>[^53] Pursuant to Article 1.4 (Trade and Economic Relations Governed by this Agreement) of Chapter 1 (General Provisions), this Article shall not apply to Liechtenstein." }, { "full-name": "Article 4.4. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided that those taxes, fees or other charges are imposed in a manner consistent with this Agreement.", "$comment": ">>[^53] Pursuant to Article 1.4 (Trade and Economic Relations Governed by this Agreement) of Chapter 1 (General Provisions), this Article shall not apply to Liechtenstein." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy. To that end, [...]" }, { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by a Party: \n>>>(a) requiring the use of computing facilities or network elements in that Party for processing, including by imposing the use of computing facilities or network elements that are certified or approved in that Party; [...]" }, { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by a Party: [...] \n>>>(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Parties or upon localisation requirements in the Parties." }, { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": ">>2. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the date of entry into force of this Agreement. A Party may at any time propose that the Parties review the list of restrictions listed in paragraph 1. Such a request shall be accorded sympathetic consideration." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 14.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Section 2.1 (General Provisions on Trade in Goods), Annex I (Rules of Origin), Section 2.2 (Technical Barriers to Trade), Section 2.3 (Sanitary and Phytosanitary Measure), Section 2.4 (Customs and Trade Facilitation), and Section 3.2 (Investment Liberalisation), Article XX of the GATT 1994 shall apply and is hereby incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 14.1. General Exceptions", "description": "", "text": ">>2. For the purposes of Chapter 3 (Services and Investment), Chapter 4 (Digital Trade), Chapter 5 (Capital Movements, Payments and Transfers) and Chapter 12 (Recognition of Professional Qualifications), paragraphs (a), (b) and (c) of Article XIV of GATS shall apply and are hereby incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 14.1. General Exceptions", "description": "", "text": ">>3. For greater certainty, the Parties understand that, to the extent that such measures are otherwise inconsistent with the provisions referred to under paragraphs 1 and 2 of this Article: >>>(a) the measures referred to in point (b) of Article XX of GATT 1994 and in point (b) of Article XIV of GATS include environmental measures necessary to protect human, animal or plant life and health; >>>(b) environmental measures include climate change mitigation measures; >>>(c) point (g) of Article XX of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources (88); and >>>(d) measures taken to implement multilateral environmental agreements can fall under points (b) or (g) of Article XX of GATT 1994 or under point (b) of Article XIV of GATS. \n>>(88) ‘Non-living exhaustible natural resources’ includes clean air and a global atmosphere with safe levels of greenhouse gases." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 14.2. Security Exceptions", "description": "", "text": ">>1. Nothing in this Agreement shall be construed: >>>(a) as requiring a Party to provide any information the disclosure of which it considers contrary to its essential security interests; [...]" }, { "full-name": "Article 14.2. Security Exceptions", "description": "", "text": ">>1. Nothing in this Agreement shall be construed: [...] >>>(b) as preventing a Party from taking any action which it considers necessary for the protection of its essential security interests, including action relating to fissionable and fusionable materials, the production or trade in arms and implements of war, provisioning military establishments, or taken in time of war or other emergency in international relations; or [...]" }, { "full-name": "Article 14.2. Security Exceptions", "description": "", "text": ">>1. Nothing in this Agreement shall be construed: [...] >>>(c) as preventing a Party from taking any action in pursuance of its obligations under the United Nations Charter for the purpose of maintaining international peace and security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "FTA contains no special exceptions for Indigenous trade. However, for investments and cross-border trade in services Norway reserved the right to adopt or maintain any preferences to any indigenous natural person or organisation, including in relation to acquisition, establishment or operation of any commercial or industrial undertaking, as well as rights to land and natural resources." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by a Party: [...] \n>>>(b) requiring the localisation of data in the Party for storage or processing; [...]" }, { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": ">>1. [...] cross-border data flows shall not be restricted between the Parties by a Party: [...] \n>>>(c) prohibiting the storage or processing of data in another Party; [...]" } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy. To that end, [...]" } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 4.11. Cross-Border Data Flows", "description": "", "text": " >>2. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the date of entry into force of this Agreement. A Party may at any time propose that the Parties review the list of restrictions listed in paragraph 1. Such a request shall be accorded sympathetic consideration.", "$comment": "Also see `cl_provisions`" } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 4.12. Protection of Personal Data and Privacy", "description": "", "text": ">>2. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for the protection of personal data and privacy, including with respect to cross-border data transfers, provided that the law of the Party provides for instruments enabling transfers under conditions of general application (56) for the protection of the data transferred. \n>>(56) For greater certainty, “conditions of general application” refer to conditions formulated in objective terms that apply horizontally to an unidentified number of economic operators and thus cover a range of situations and cases." }, { "full-name": "Article 4.12. Protection of Personal Data and Privacy", "description": "", "text": " >>3. Each Party shall inform the other Parties about any measure referred to in paragraph 2 that it adopts or maintains." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 4.12. Protection of Personal Data and Privacy", "description": "", "text": ">>1. The Parties recognise that individuals have a right to the protection of personal data and privacy and that high standards in this regard contribute to trust in the digital economy and to the development of trade." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 4.14. Open Government Data", "description": "", "text": ">>1. The Parties recognise that facilitating public access to and use of government data fosters economic and social development, competitiveness and innovation." }, { "full-name": "Article 4.14. Open Government Data", "description": "", "text": ">>2. To the extent that a Party chooses to make government data available to the public, it shall endeavour to ensure that the data is in a machine-readable and open format and can be searched, retrieved, used, reused and redistributed." }, { "full-name": "Article 4.14. Open Government Data", "description": "", "text": ">>3. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and the use of government data that the Party has made available to the public, with a view to enhancing and generating business opportunities, especially for small and medium-sized enterprises." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 4.10. Source Code", "description": "", "text": ">>1. A Party shall not require the transfer of, or access to, source code of software owned by a person of another Party as a condition for the import, distribution, sale or use of that software, or of a product containing that software, in that Party." }, { "full-name": "Article 4.10. Source Code", "description": "", "text": ">>2. Paragraph 1 does not apply to the voluntary transfer of, or grant of access to, source code of software by a person of another Party: \n>>>(a) under open source licences; or [...]" }, { "full-name": "Article 4.10. Source Code", "description": "", "text": ">>2. Paragraph 1 does not apply to the voluntary transfer of, or grant of access to, source code of software by a person of another Party: [...] \n>>>(b) on a commercial basis." }, { "full-name": "Article 4.10. Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude a regulatory body or judicial authority of a Party, or a Party with respect to a conformity assessment body, from requiring a person of another Party: \n>>>(a) to preserve and make available source code of software for an investigation, inspection, examination, enforcement action or a judicial proceeding, subject to safeguards against unauthorised disclosure; and [...]" }, { "full-name": "Article 4.10. Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude a regulatory body or judicial authority of a Party, or a Party with respect to a conformity assessment body, from requiring a person of another Party: [...] \n>>>(b) to transfer or provide access to source code of software for the purpose of the imposition and enforcement of a remedy granted in accordance with that Party’s law following an investigation, inspection, examination, enforcement action or a judicial proceeding." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Acuerdo sobre Comercio Electrónico del MERCOSUR / Agreement on Electronic Trade in MERCOSUR", "short-name": "MERCOSUR-ECOMMERCE (2021)", "description": "MERCOSUR's stand-alone e-commerce agreement establishes data localisation and cross-border flow disciplines with a public policy exception, prohibits customs duties on electronic transmissions and addresses computing facilities and cryptography, but notably omits horizontal general and security exceptions for the data provisions.", "date-signed": "2021-04-29", "date-effective": "2023-08-24", "parties": [ { "country-name": "Argentina", "country-code": "ARG" }, { "country-name": "Brazil", "country-code": "BRA" }, { "country-name": "Paraguay", "country-code": "PRY" }, { "country-name": "Uruguay", "country-code": "URY" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force (URY, PRY)", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 3. Customs Duties", "description": "", "text": ">>1. No Party shall impose customs duties on electronic transmissions between a person of one Party and a person of the other Party. \n>>2. For greater certainty, paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided that such taxes, fees or charges are imposed in a manner consistent with the World Trade Organization (WTO) Agreements." }, { "full-name": "Article 3. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided that such taxes, fees or charges are imposed in a manner consistent with the World Trade Organization (WTO) Agreements." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 8: Location of computing facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 8: Location of computing facilities", "description": "", "text": ">>2. A Party shall not require a person of another Party to use or locate computing facilities in the territory of that Party as a condition for conducting business in that territory." }, { "full-name": "Article 8: Location of computing facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." }, { "full-name": "Article 8: Location of computing facilities", "description": "", "text": ">>4. The Parties recognise that using or locating computing facilities outside their territory in which personal data transferred under the Agreement is hosted constitutes an international transfer, within the terms of Article 7." }, { "full-name": "Article 8: Location of computing facilities", "description": "", "text": ">>5. This Article does not apply to financial services." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>1. This section shall apply to information and communications technology (ICT) products that use cryptography." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and that is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product as a condition of manufacture, sale, distribution, importation or use of the product: \n>>>(a) transfers or provides access to a particular technology, production process or other proprietary information relating to cryptography in the product to the Party or a person in its territory; [...]" }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and that is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product as a condition of manufacture, sale, distribution, importation or use of the product: [...] \n>>>(b) associates with a person in its territory; or [...]" }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>2. With respect to a product that uses cryptography and that is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product as a condition of manufacture, sale, distribution, importation or use of the product: [...] \n>>>(c) uses or incorporates a particular cryptographic algorithm or cipher, except where the manufacture, sale, distribution, importation or use of the product is by or for the government of that Party." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>3. Paragraph 2 shall not apply to: \n>>>(a) requirements that a Party adopts or maintains relating to access to networks owned or controlled by that Party's government, including those of central banks; or [...]" }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>3. Paragraph 2 shall not apply to: [...] \n>>>(b) measures taken by a Party pursuant to supervisory, investigative or examination authority relating to financial institutions or markets." }, { "full-name": "Article 7.17. Information and Communication Technology Products Using Cryptography", "description": "", "text": ">>4. For greater certainty, this Article shall not be construed to prevent a Party's law enforcement authorities from requiring service providers using encryption that they control to provide, in accordance with that Party's legal procedures, unencrypted communications." } ] }, "db_exceptions": { "applicable": false, "GeneralExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "TODO Double-check if there are any exceptions in the FTA" } ] }, "SecurityExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "TODO Double-check if there are any exceptions in the FTA" } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "TODO Double-check if there are any exceptions in the FTA" } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 7: Cross-border transfer of information by electronic means", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means when this activity is for the conduct of the business of a person of a Party. For greater certainty, this paragraph shall be subject to compliance with Article 6.7." }, { "full-name": "Article 7: Cross-border transfer of information by electronic means", "description": "", "text": ">>4. This Article does not apply to financial services." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "See `DataLocalisation`" } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 7: Cross-border transfer of information by electronic means", "description": "", "text": ">>>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 7: Cross-border transfer of information by electronic means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means, including with respect to the protection of personal data, as established in Article 6." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Trade and Cooperation Agreement between the European Union and the United Kingdom", "short-name": "EU-GBR-TCA (2021)", "description": "The post-Brexit trade agreement applies the EU's horizontal model to digital trade: a closed list of prohibited data localisation measures with facilitation and review commitments, no prior authorisation of online services, customs duties prohibition, computing facilities and source code protections, and open government data, subject to public policy, general and security exceptions and full regulatory autonomy for personal data protection.", "date-signed": "2020-12-30", "date-effective": "2021-05-01", "parties": [ { "country-name": "European Union", "country-code": "EU" }, { "country-name": "United Kingdom", "country-code": "GBR" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 203. Customs Duties on Electronic Transmissions", "description": "", "text": ">>1. Electronic transmissions shall be considered as the supply of a service within the meaning of Title II of this Heading." }, { "full-name": "Article 203. Customs Duties on Electronic Transmissions", "description": "", "text": ">>2. The Parties shall not impose customs duties on electronic transmissions." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy. To that end, cross-border data flows shall not be restricted between the Parties by a Party: \n>>>(a) requiring the use of computing facilities or network elements in the Party's territory for processing, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of a Party; [...]" }, { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy. To that end, cross-border data flows shall not be restricted between the Parties by a Party: [...] \n>>>(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Parties' territory or upon localisation requirements in the Parties' territory." }, { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>2. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the date of entry into force of this Agreement. A Party may at any time propose to the other Party to review the list of restrictions listed in paragraph 1. Such a request shall be accorded sympathetic consideration." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 199. Exceptions", "description": "", "text": ">>For greater certainty, nothing in this Title prevents the Parties from adopting or maintaining measures in accordance with Articles 184, 412 and 415 for the public interest reasons set out therein." }, { "full-name": "Article 184. Prudential Carve-out", "description": "", "text": ">>1. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures for prudential reasons, such as the protection of investors, depositors, policy-holders or persons to whom a fiduciary duty is owed by a financial service supplier, or ensuring the integrity and stability of a Party's financial system. >>2. Where such measures do not conform with this Agreement, they shall not be used as a means of avoiding the Party's commitments or obligations under this Agreement." }, { "full-name": "Article 412. General Exceptions", "description": "", "text": ">>1. Nothing in Chapter 1 and Chapter 5 of Title I, Chapter 2 of Title II, Title III, Title VIII and Chapter 4 of Title XI shall be construed as preventing a Party from adopting or maintaining measures compatible with Article XX of GATT 1994. To that end, Article XX of GATT 1994, including its Notes and Supplementary Provisions, is incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 412. General Exceptions", "description": "", "text": ">>2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on investment liberalisation or trade in services, nothing in Title II, Title III, Title IV, Title VIII and Chapter 4 of Title XI shall be construed to prevent the adoption or enforcement by either Party of measures: \n>>>(a) necessary to protect public security or public morals or to maintain public order (1); [...] \n >>(1) The public security and public order exceptions may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society." }, { "full-name": "Article 412. General Exceptions", "description": "", "text": ">>2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on investment liberalisation or trade in services, nothing in Title II, Title III, Title IV, Title VIII and Chapter 4 of Title XI shall be construed to prevent the adoption or enforcement by either Party of measures: [...] \n>>>(b) necessary to protect human, animal or plant life or health; [...]" }, { "full-name": "Article 412. General Exceptions", "description": "", "text": ">>2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on investment liberalisation or trade in services, nothing in Title II, Title III, Title IV, Title VIII and Chapter 4 of Title XI shall be construed to prevent the adoption or enforcement by either Party of measures: [...] \n>>>(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to: \n>>>>(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts; \n>>>>(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; and \n>>>>(iii) safety." }, { "full-name": "Article 412. General Exceptions", "description": "", "text": ">>3. For greater certainty, the Parties understand that, to the extent that such measures are otherwise inconsistent with the provisions of the chapters or titles referred to in paragraphs 1 and 2 of this Article: \n>>>(a) the measures referred to in point (b) of Article XX of GATT 1994 and in point (b) of paragraph 2 of this Article include environmental measures, which are necessary to protect human, animal or plant life and health; \n>>>(b) point (g) of Article XX of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources; and \n>>>(c) measures taken to implement multilateral environmental agreements can fall under points (b) or (g) of Article XX of GATT 1994 or under point (b) of paragraph 2 of this Article." }, { "full-name": "Article 412. General Exceptions", "description": "", "text": ">>4. Before a Party takes any measures provided for in points (i) and (j) of Article XX of GATT 1994, that Party shall provide the other Party with all relevant information, with a view to seeking a solution acceptable to the Parties. If no agreement is reached within 30 days of providing the information, the Party may apply the relevant measures. Where exceptional and critical circumstances requiring immediate action make prior information or examination impossible, the Party intending to take the measures may apply forthwith precautionary measures necessary to deal with the situation. That Party shall inform the other Party immediately thereof." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 415. Security Exceptions", "description": "", "text": ">>Nothing in Titles I to XII of this Heading or Heading Six shall be construed: >>>(a) to require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or [...]" }, { "full-name": "Article 415. Security Exceptions", "description": "", "text": ">>Nothing in Titles I to XII of this Heading or Heading Six shall be construed: [...] >>>(b) to prevent a Party from taking an action which it considers necessary for the protection of its essential security interests: \n>>>>(i) connected to the production of or traffic in arms, ammunition and implements of war and to such production, traffic and transactions in other goods and materials, services and technology, and to economic activities, carried out directly or indirectly for the purpose of supplying a military establishment; [...]" }, { "full-name": "Article 415. Security Exceptions", "description": "", "text": ">>Nothing in Titles I to XII of this Heading or Heading Six shall be construed: [...] >>>(b) to prevent a Party from taking an action which it considers necessary for the protection of its essential security interests: [...] \n>>>>(ii) relating to fissionable and fusionable materials or the materials from which they are derived; [...]" }, { "full-name": "Article 415. Security Exceptions", "description": "", "text": ">>Nothing in Titles I to XII of this Heading or Heading Six shall be construed: [...] >>>(b) to prevent a Party from taking an action which it considers necessary for the protection of its essential security interests: [...] \n>>>>(ii) relating to fissionable and fusionable materials or the materials from which they are derived; [...]" }, { "full-name": "Article 415. Security Exceptions", "description": "", "text": ">>Nothing in Titles I to XII of this Heading or Heading Six shall be construed: [...] \n>>>>(iii) in time of war or other emergency in international relations; or" }, { "full-name": "Article 415. Security Exceptions", "description": "", "text": ">>Nothing in Titles I to XII of this Heading or Heading Six shall be construed: [...] >>>(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>1. [...] cross-border data flows shall not be restricted by a Party: \n>>>(b) requiring the localisation of data in the Party's territory for storage or processing;" }, { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>1. [...] cross-border data flows shall not be restricted by a Party: \n>>>(c) prohibiting the storage or processing in the territory of the other Party." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy. To that end, [...]" } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>2. The Parties shall keep the implementation of this provision under review and assess its functioning within three years of the date of entry into force of this Agreement. A Party may at any time propose to the other Party to review the list of restrictions listed in paragraph 1. Such a request shall be accorded sympathetic consideration." } ] }, "NoPriorAuthorisation": { "applicable": true, "details": [ { "full-name": "Article 204. No Prior Authorisation", "description": "", "text": ">>1. A Party shall not require prior authorisation of the provision of a service by electronic means solely on the ground that the service is provided online, and shall not adopt or maintain any other requirement having an equivalent effect. \n>>A service is provided online when it is provided by electronic means and without the parties being simultaneously present." }, { "full-name": "Article 204. No Prior Authorisation", "description": "", "text": ">>2. Paragraph 1 does not apply to telecommunications services, broadcasting services, gambling services, legal representation services or to the services of notaries or equivalent professions to the extent that they involve a direct and specific connection with the exercise of public authority." } ] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 202. Protection of Personal Data and Privacy", "description": "", "text": ">>2. Nothing in this Agreement shall prevent a Party from adopting or maintaining measures on the protection of personal data and privacy, including with respect to cross-border data transfers, provided that the law of the Party provides for instruments enabling transfers under conditions of general application for the protection of the data transferred." }, { "full-name": "Article 202. Protection of Personal Data and Privacy", "description": "", "text": ">>3. Each Party shall inform the other Party about any measure referred to in paragraph 2 that it adopts or maintains." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 201. Cross-border Data Flows", "description": "", "text": ">>1. The Parties are committed to ensuring cross-border data flows to facilitate trade in the digital economy." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 210. Open Government Data", "description": "", "text": ">>1. The Parties recognise that facilitating public access to, and use of, government data contributes to stimulating economic and social development, competitiveness, productivity and innovation." }, { "full-name": "Article 210. Open Government Data", "description": "", "text": " >>2. To the extent that a Party chooses to make government data accessible to the public, it shall endeavour to ensure, to the extent practicable, that the data: \n>>>>(a) is in a format that allows it to be easily searched, retrieved, used, reused, and redistributed; \n>>>(b) is in a machine-readable and spatially-enabled format; \n>>>(c) contains descriptive metadata, which is as standard as possible; \n>>>(d) is made available via reliable, user-friendly and freely available Application Programming Interfaces; \n>>>(e) is regularly updated; \n>>>(f) is not subject to use conditions that are discriminatory or that unnecessarily restrict re-use; and >\n>>(g) is made available for re-use in full compliance with the Parties' respective personal data protection rules." }, { "full-name": "Article 210. Open Government Data", "description": "", "text": ">>3. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to, and use of, government data that the Party has made public, with a view to enhancing and generating business opportunities, beyond its use by the public sector." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 207. Transfer of or Access to Source Code", "description": "", "text": ">>1. A Party shall not require the transfer of, or access to, the source code of software owned by a natural or legal person of the other Party." }, { "full-name": "Article 207. Transfer of or Access to Source Code", "description": "", "text": ">>2. For greater certainty: \n>>>(a) the general exceptions, security exceptions and prudential carve-out referred to in Article 199 apply to measures of a Party adopted or maintained in the context of a certification procedure; and \n>>>(b) paragraph 1 of this Article does not apply to the voluntary transfer of, or granting of access to, source code on a commercial basis by a natural or legal person of the other Party, such as in the context of a public procurement transaction or a freely negotiated contract." }, { "full-name": "Article 207. Transfer of or Access to Source Code", "description": "", "text": ">>3. Nothing in this Article shall affect: \n>>>(a) a requirement by a court or administrative tribunal, or a requirement by a competition authority pursuant to a Party's competition law to prevent or remedy a restriction or a distortion of competition; [...]" }, { "full-name": "Article 207. Transfer of or Access to Source Code", "description": "", "text": ">>3. Nothing in this Article shall affect: [...] \n>>>(b) a requirement by a regulatory body pursuant to a Party's laws or regulations related to the protection of public safety with regard to users online, subject to safeguards against unauthorised disclosure; [...]" }, { "full-name": "Article 207. Transfer of or Access to Source Code", "description": "", "text": ">>3. Nothing in this Article shall affect: [...] \n>>>(c) the protection and enforcement of intellectual property rights; and [...]" }, { "full-name": "Article 207. Transfer of or Access to Source Code", "description": "", "text": ">>3. Nothing in this Article shall affect: [...] \n>>>(d) the right of a Party to take measures in accordance with Article III of the GPA as incorporated by Article 277 of this Agreement." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Regional Comprehensive Economic Partnership Agreement", "short-name": "RCEP (2022)", "description": "The largest plurilateral agreement in the dataset (15 parties) includes data localisation and cross-border flow commitments that are notably softer than CPTPP equivalents: the public policy exception is self-judging and the necessity test is reserved to the implementing party, with general, security and Indigenous-related exceptions and extended implementation timelines for less developed members.", "date-signed": "2020-11-15", "date-effective": "2022-01-01", "parties": [ { "country-name": "Brunei Darussalam", "country-code": "BRN" }, { "country-name": "Cambodia", "country-code": "KHM" }, { "country-name": "Indonesia", "country-code": "IDN" }, { "country-name": "Lao People's Democratic Republic", "country-code": "LAO" }, { "country-name": "Malaysia", "country-code": "MYS" }, { "country-name": "Myanmar", "country-code": "MMR" }, { "country-name": "Philippines", "country-code": "PHL" }, { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "Thailand", "country-code": "THA" }, { "country-name": "Viet Nam", "country-code": "VNM" }, { "country-name": "Australia", "country-code": "AUS" }, { "country-name": "China", "country-code": "CHN" }, { "country-name": "Japan", "country-code": "JPN" }, { "country-name": "Korea, Republic of", "country-code": "KOR" }, { "country-name": "New Zealand", "country-code": "NZL" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.11. Customs duties", "description": "", "text": ">>1. Each Party shall maintain its current practice of not imposing customs duties on electronic transmissions between the Parties." }, { "full-name": "Article 12.11. Customs duties", "description": "", "text": ">>2. The practice referred to in paragraph 1 is in accordance with the WTO Ministerial Decision of 13 December 2017 in relation to the Work Programme on Electronic Commerce (WT/MIN(17)/65)." }, { "full-name": "Article 12.11. Customs duties", "description": "", "text": ">>3. Each Party may adjust its practice referred to in paragraph 1 with respect to any further outcomes in the WTO Ministerial Decisions on customs duties on electronic transmissions within the framework of the Work Programme on Electronic Commerce." }, { "full-name": "Article 12.11. Customs duties", "description": "", "text": ">>4. The Parties shall review this Article in light of any further WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce." }, { "full-name": "Article 12.11. Customs duties", "description": "", "text": ">>5. For greater certainty, paragraph 1 shall not preclude a Party from imposing taxes, fees, or other charges on electronic transmissions, provided that such taxes, fees, or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.14. Location of computing facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the location of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 12.14. Location of computing facilities", "description": "", "text": ">>2. No Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that Party's territory.(11) \n>> (11) Cambodia, Lao PDR, and Myanmar shall not be obliged to apply this paragraph for five years after entry into force, with an additional three years if necessary. Viet Nam shall not be obliged to apply this paragraph for five years after entry into force." }, { "full-name": "Article 12.14. Location of computing facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) any measure inconsistent with paragraph 2 that it considers necessary to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade;(12) or [...] \n>>(12) For the purposes of this subparagraph, the Parties affirm that the necessity behind the implementation of such legitimate public policy shall be decided by the implementing Party.", "$comment": "Section 3 provides a list of provisions to be read in the alternative" }, { "full-name": "Article 12.14. Location of computing facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: [...] \n>>>(b) any measure that it considers necessary for the protection of its essential security interests. Such measures shall not be disputed by other Parties.", "$comment": "Section 3 provides a list of provisions to be read in the alternative" } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 17.12. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures), Chapter 6 (Standards, Technical Regulations, and Conformity Assessment Procedures), Chapter 10 (Investment), and Chapter 12 (Electronic Commerce), Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis. (5) \n>>(5) The Parties understand that the measures referred to in subparagraph (b) of Article XX of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that subparagraph (g) of Article XX of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 17.12. General Exceptions", "description": "", "text": ">>2. For the purposes of Chapter 8 (Trade in Services), Chapter 9 (Temporary Movement of Natural Persons), Chapter 10 (Investment), and Chapter 12 (Electronic Commerce), Article XIV of GATS including its footnotes is incorporated into and made part of this Agreement, mutatis mutandis.(6) \n>>(6) The Parties understand that the measures referred to in subparagraph (b) of Article XIV of GATS include environmental measures necessary to protect human, animal or plant life or health." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 17.13. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: >>>(a) require any Party to furnish any information the disclosure of which it considers contrary to its essential security interests; [...]", "$comment": "Article 17.13 provides a list of provisions to be read in the alternative." }, { "full-name": "Article 17.13. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: [...] >>>(b) prevent any Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>>(i) relating to fissionable and fusionable materials or the materials from which they are derived; \n>>>>(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials, or relating to the supply of services, as carried on directly or indirectly for the purpose of supplying or provisioning a military establishment; \n>>>>(iii) taken so as to protect critical public infrastructures (7) including communications, power, and water infrastructures; \n>>>>(iv) taken in time of national emergency or war or other emergency in international relations; or [...] \n>>(7) For greater certainty, this includes critical public infrastructures whether publicly or privately owned.", "$comment": "Article 17.13 provides a list of provisions to be read in the alternative." }, { "full-name": "Article 17.13. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: [...] >>>(c) prevent any Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security.", "$comment": "Article 17.13 provides a list of provisions to be read in the alternative." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 17.16. Treaty of Waitangi", "description": "", "text": "1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Māori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi." }, { "full-name": "Article 17.16. Treaty of Waitangi", "description": "", "text": "2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 19 (Dispute Settlement) shall otherwise apply to this Article. A panel established under Article 19.11 (Establishment and Reconvening of a Panel) may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party's rights under this Agreement." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 12.15. Cross-border transfer of information by electronic means", "description": "", "text": ">>2. A Party shall not prevent cross-border transfer of information by electronic means where such activity is for the conduct of the business of a covered person. (13) >> (13) Cambodia, Lao PDR, and Myanmar shall not be obliged to apply this paragraph for five years after the Agreement enters into force, with an additional three years if necessary. Viet Nam shall not be obliged to apply this paragraph for five years after the Agreement enters into force." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "Agreement contains no separate provisions on facilitating cross-border data flows." } ] }, "ReviewAndAssessment": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The agreement does not require periodic reviews of data localisation measures." } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No explicit language on prior authorisation requirements for data transfers." } ] }, "FinancialDataProtection": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No dedicated provisions on financial data transfers." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 12.15. Cross-border transfer of information by electronic means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) any measure inconsistent with paragraph 2 that it considers necessary to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade;(14) or [...] \n>>(14) For the purposes of this subparagraph, the Parties affirm that the necessity behind the implementation of such legitimate public policy shall be decided by the implementing Party. >>>(b) any measure that it considers necessary for the protection of its essential security interests. Such measures shall not be disputed by other Parties." }, { "full-name": "Article 12.15. Cross-border transfer of information by electronic means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: [...] >>>(b) any measure that it considers necessary for the protection of its essential security interests. Such measures shall not be disputed by other Parties." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "See general security exceptions in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 12.15. Cross-border transfer of information by electronic means", "description": "Measures must not be arbitrary or a disguised restriction on trade.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: >>>(a) any measure inconsistent with paragraph 2 that it considers necessary to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 12.15. Cross-border transfer of information by electronic means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The agreement does not address indigenous data." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Agreement between the United Kingdom of Great Britain and Northern Ireland and Japan for a Comprehensive Economic Partnership", "short-name": "GBR-JPN (2021)", "description": "The UK-Japan CEPA carries forward and extends the EU-Japan EPA's digital provisions with CPTPP-style strength: hard data flow and localisation commitments with a public policy exception, customs duties prohibition, source code and cryptography protections (including algorithm coverage), artificial intelligence and open government data provisions, under horizontal general and security exceptions.", "date-signed": "2020-10-23", "date-effective": "2021-01-01", "parties": [ { "country-name": "United Kingdom", "country-code": "GBR" }, { "country-name": "Japan", "country-code": "JPN" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.83. Cooperation on Electronic Commerce", "description": "", "text": ">>2. The Parties agree to maintain a dialogue on regulatory matters relating to electronic commerce with a view to sharing information and experience, as appropriate, including on related laws, regulations and their implementation, and best practices with respect to electronic commerce, in relation to, inter alia: \n>>>(i) emerging technology, including artificial intelligence and the Internet of Things; [...]" } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.72. Customs Duties", "description": "", "text": ">>1. The Parties shall not impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 8.72. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, fees or other charges on electronic transmissions, provided that those taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.85. Location of Computing Facilities", "description": "", "text": ">>1. A Party shall not require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 8.85. Location of Computing Facilities", "description": "", "text": ">>2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 that are necessary to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." }, { "full-name": "Article 8.85. Location of Computing Facilities", "description": "", "text": ">>3. This Article does not apply to: \n>>>(a) government procurement; or [...]" }, { "full-name": "Article 8.85. Location of Computing Facilities", "description": "", "text": ">>3. This Article does not apply to: [...] \n>>>(b) information held or processed by or on behalf of a Party, or measures by a Party related to that information, including measures related to its collection." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>1. A Party shall not require a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import or use of the commercial ICT product, to: \n>>>(a) transfer or provide access to any proprietary information relating to cryptography, including by disclosing a particular technology or production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, to that Party or a person in the territory of that Party; [...]" }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>1. A Party shall not require a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import or use of the commercial ICT product, to: [...] \n>>>(b) partner or otherwise cooperate with a person in the territory of that Party in the development, manufacture, sale, distribution, import or use of the commercial ICT product; or [...]" }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>1. A Party shall not require a manufacturer or supplier of a commercial ICT product that uses cryptography, as a condition of the manufacture, sale, distribution, import or use of the commercial ICT product, to: [...] \n>>>(c) use or integrate a particular cryptographic algorithm or cipher." }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>2. This Article shall not preclude a regulatory body or judicial authority of a Party from requiring a manufacturer or supplier of a commercial ICT product that uses cryptography: \n>>>(a) to preserve and make available (1) any information to which subparagraph 1(a) applies for an investigation, inspection, examination, enforcement action or judicial proceeding, subject to safeguards against unauthorised disclosure; or [...] \n>>(1) The Parties understand that this making available shall not be construed to negatively affect the status of any proprietary information relating to cryptography as a trade secret." }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>2. This Article shall not preclude a regulatory body or judicial authority of a Party from requiring a manufacturer or supplier of a commercial ICT product that uses cryptography: [...] \n >>>(b) to transfer or provide access to any information to which subparagraph 1(a) applies for the purpose of imposing or enforcing a remedy granted in accordance with that Party's competition law following an investigation, inspection, examination, enforcement action or judicial proceedings." }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. Notwithstanding paragraph 4 of Article 8.70, this Article applies to commercial ICT products that use cryptography. (2) [...] \n >>(2) For greater certainty, for the purposes of this Article, a commercial ICT product does not include a financial instrument." }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. [...] This Article does not apply to: \n>>>(a) a Party's law enforcement authorities requiring service suppliers using encryption to provide access to encrypted and unencrypted communications pursuant to that Party's legal procedures; [...]" }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. [...] This Article does not apply to: [...] \n>>>(b) the regulation of financial instruments; [...]" }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. [...] This Article does not apply to: [...] \n>>>(c) a requirement that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by that Party, including those of central banks; [...]" }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3. [...] This Article does not apply to: [...] \n>>>(d) measures by a Party adopted or maintained pursuant to supervisory, investigatory or examination authority relating to financial service suppliers or financial markets; or" }, { "full-name": "Article 8.86. Commercial Information and Communication Technology Products That Use Cryptography", "description": "", "text": ">>3.[...] This Article does not apply to: [...] \n>>>(e) the manufacture, sale, distribution, import or use of a commercial ICT product that uses cryptography by or for a Party." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 8.3. General Exceptions", "description": "", "text": ">>1. For the purposes of Section B and Article 8.86, Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis. (1) \n>>(1) The Parties understand that the measures referred to in subparagraph (b) of Article XX of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health. The Parties understand that subparagraph (g) of Article XX of GATT 1994 applies to measures for the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 8.3. General Exceptions", "description": "", "text": ">>2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or trade in services, nothing in Sections B to F shall be construed as preventing a Party from adopting or enforcing measures which are: \n>>>(a) necessary to protect public security or public morals or to maintain public order;(2) [...] \n>>(2) The public security and public order exceptions may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society." }, { "full-name": "Article 8.3. General Exceptions", "description": "", "text": ">2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or trade in services, nothing in Sections B to F shall be construed as preventing a Party from adopting or enforcing measures which are: [...] \n>>(b) necessary to protect human, animal or plant life or health;(3) [...] \n>>(3) The Parties understand that the measures referred to in subparagraph (b) include environmental measures necessary to protect human, animal or plant life or health." }, { "full-name": "Article 8.3. General Exceptions", "description": "", "text": ">2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or trade in services, nothing in Sections B to F shall be construed as preventing a Party from adopting or enforcing measures which are: [...] \n>>(c) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter including those relating to: \n>>>>(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts; \n>>>>(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; or \n>>>>(iii) safety; or [...]" }, { "full-name": "Article 8.3. General Exceptions", "description": "", "text": ">2. Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on establishment or trade in services, nothing in Sections B to F shall be construed as preventing a Party from adopting or enforcing measures which are: [...] \n>>(d) inconsistent with paragraphs 1 and 2 of Article 8.8 and paragraph 1 of Article 8.16 provided that the difference in treatment is aimed at ensuring the equitable or effective (1) imposition or collection of direct taxes in respect of economic activities, entrepreneurs, services or service suppliers of the other Party. \n>>(1) Measures that are aimed at ensuring the equitable or effective imposition or collection of direct taxes include measures taken by a Party under its taxation system which: (a) apply to non-resident entrepreneurs and service suppliers in recognition of the fact that the tax obligation of non-residents is determined with respect to taxable items sourced or located in the Party's territory; (b) apply to non-residents in order to ensure the imposition or collection of taxes in the Party's territory; (c) apply to non-residents or residents in order to prevent the avoidance or evasion of taxes, including compliance measures; (d) apply to consumers of services supplied in or from the territory of the other Party in order to ensure the imposition or collection of taxes on such consumers derived from sources in the Party's territory; (e) distinguish entrepreneurs and service suppliers subject to tax on worldwide taxable items from other entrepreneurs and service suppliers, in recognition of the difference in the nature of the tax base between them; or (f) determine, allocate or apportion income, profit, gain, loss, deduction or credit of resident persons or branches, or between related persons or branches of the same person, in order to safeguard the Party's tax base. Tax terms or concepts in subparagraph 2(d), including this footnote, are determined according to tax definitions and concepts, or equivalent or similar definitions and concepts, under the domestic law of the Party taking the measure." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 1.5. Security Exceptions", "description": "", "text": ">>1. Nothing in this Agreement shall be construed: \n>>>(a) as requiring a Party to provide any information the disclosure of which it considers contrary to its essential security interests; [...]" }, { "full-name": "Article 1.5. Security Exceptions", "description": "", "text": ">>1. Nothing in this Agreement shall be construed: [...] \n>>>(b) as preventing a Party from taking any action, which it considers necessary for the protection of its essential security interests, including action: \n>>>>(i) relating to fissionable and fusionable materials or the materials from which they are derived; \n>>>>(ii) relating to the production of or trade in arms, ammunition and implements of war as well as to the production of or trade in other goods and materials as carried out directly or indirectly for the purpose of supplying a military establishment; \n>>>>(iii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; or \n>>>>(iv) taken in time of war or other emergency in international relations; or " }, { "full-name": "Article 1.5. Security Exceptions", "description": "", "text": ">>1. Nothing in this Agreement shall be construed: [...] \n>>>(c) as preventing a Party from taking any action in pursuance of its obligations under the Charter of the United Nations for the purpose of maintaining international peace and security." }, { "full-name": "Article 1.5. Security Exceptions", "description": "", "text": ">>2. Notwithstanding paragraph 1, \n>>>(a) for the purposes of Chapter 10, Article III of the GPA applies; and \n>>>(b) for the purposes of Chapter 14, Article 14.62 applies." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 8.84. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>1. A Party shall not prohibit or restrict the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." }, { "full-name": "Article 8.84. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>3. This Article does not apply to: \n>>>(a) government procurement; or [...]" }, { "full-name": "Article 8.84. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>3. This Article does not apply to: \n>>>(b) information held or processed by or on behalf of a Party, or measures by a Party related to that information, including measures related to its collection." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 8.84. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 8.84. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>1. A Party shall not prohibit or restrict the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.82. Open Government Data", "description": "", "text": ">>1. The Parties recognise that facilitating public access to and use of government information fosters economic and social development, competitiveness and innovation." }, { "full-name": "Article 8.82. Open Government Data", "description": "", "text": ">>2. If a Party chooses to make government information available to the public, it shall endeavour to ensure that the information is in a machine-readable and open format and can be searched, retrieved, used, reused and redistributed." }, { "full-name": "Article 8.82. Open Government Data", "description": "", "text": ">>3. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of government information that the Party has made public, with a view to enhancing and generating business opportunities, especially for small and medium-sized enterprises." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.73. Source Code", "description": "", "text": ">>1. A Party shall not require the transfer of, or access to, source code of software owned by a person of the other Party as a condition for the import, distribution, sale or use of that software, or products containing that software, in its territory." }, { "full-name": "Article 8.73. Source Code", "description": "", "text": ">>2. This Article shall not preclude a regulatory body or judicial authority of a Party, or a Party with respect to a conformity assessment body, from requiring a person of the other Party: \n>>>(a) to preserve and make available (1) the source code of software, or an algorithm expressed in that source code, for an investigation, inspection, examination, enforcement action or judicial proceeding, subject to safeguards against unauthorised disclosure; or [...] \n>>(1) The Parties understand that this making available shall not be construed to negatively affect the status of the source code of software, or an algorithm expressed in that source code, as a trade secret." }, { "full-name": "Article 8.73. Source Code", "description": "", "text": ">>2. This Article shall not preclude a regulatory body or judicial authority of a Party, or a Party with respect to a conformity assessment body, from requiring a person of the other Party: [...] \n>>>(b) to transfer or provide access to the source code of software, or an algorithm expressed in that source code, for the purpose of imposing or enforcing a remedy granted in accordance with that Party's law following an investigation, inspection, examination, enforcement action or judicial proceedings." }, { "full-name": "Article 8.73. Source Code", "description": "", "text": ">>3. This Article does not apply to: \n>>>(a) the voluntary transfer of, or granting of access to, source code, or an algorithm expressed in that source code, by a person of the other Party, such as in the context of a freely negotiated contract or government procurement; (2) or [...] \n>>(2) For greater certainty, voluntary transfer or granting of access in the context of a government procurement includes transfer or access for the purpose of any upgrades to, and scaling or modification of, software containing source code." }, { "full-name": "Article 8.73. Source Code", "description": "", "text": ">>3. This Article does not apply to: [...] \n>>>(b) services supplied or activities performed in the exercise of governmental authority." }, { "full-name": "Article 8.73. Source Code", "description": "", "text": ">>4. For greater certainty, this Article shall not prevent a Party from adopting or maintaining measures (1) inconsistent with paragraph 1, in accordance with: \n>>>(a) Article 1.5, Article 8.3 and Article 8.65; or \n>>>(b) Article II of the GPA, as incorporated by Article 10.1. \n>>(1) These measures include measures to ensure security and safety, such as in the context of a certification or assurance procedure." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Chile - Ecuador Economic Complementation Agreement", "short-name": "CHL-ECU (2022)", "description": "A bilateral FTA whose e-commerce chapter covers data localisation and cross-border flows with public policy exceptions, customs duties prohibition, computing facilities and non-discrimination of digital products, subject to general and security exceptions.", "date-signed": "2020-08-12", "date-effective": "2022-05-17", "parties": [ { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "Ecuador", "country-code": "ECU" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.12. Computer Facilities", "description": "Chile and Ecuador have agreed that they will not require a person of the other Party to use or locate computer facilities in their territory as a condition of doing business.", "text": ">>2. A Party may not require a person of the other Party to use or locate computer facilities in the territory of that Party as a condition of doing business in that territory." }, { "full-name": "Article 10.12. Computer Facilities", "description": "The Parties will exchange best practices, experiences and regulatory frameworks regarding computing facilities.", "text": ">>4. The Parties undertake to exchange best practices, experiences and existing regulatory frameworks with respect to IT facilities." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.3. Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions between a person of one Party and a person of the other Party.", "$comment": "" }, { "full-name": "Article 10.3. Customs Duties", "description": "Chile and Ecuador have agreed that they will not impose customs duties on electronic transmissions.", "text": ">>2. For greater certainty, paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on electronically transmitted content, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement.", "$comment": "" } ] }, "cr_provisions": { "applicable": false }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 23.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapters 2 (National Treatment and Market Access), 3 (Rules of Origin), 4 (Trade Facilitation), 7 (Sanitary and Phytosanitary Measures), 8 (Technical Barriers to Trade) and 10 (Electronic Commerce), Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living or non-living exhaustible natural resources." }, { "full-name": "Article 23.1. General Exceptions", "description": "[[#GATS applicability]] Chile and Ecuador have agreed that the GATS general exceptions apply to trade in services and electronic commerce.", "text": ">>2. For the purposes of Chapter 9 (Trade in Services) and Chapter 10 (Electronic Commerce) (1), paragraphs (a), (b) and (c) of Article XIV of the GATS are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 23.2. Essential Security", "description": "", "text": ">>Nothing in this Agreement shall be construed to mean:\n>>>(a) oblige a Party to provide or give access to information the disclosure of which it considers contrary to its essential security interests; or [...]" }, { "full-name": "Article 23.2. Essential Security", "description": "", "text": ">>Nothing in this Agreement shall be construed to mean:\n[...]; or >>>(b) prevent a Party from applying any measure it considers necessary for the protection of its essential security interests, as well as for the fulfilment of its obligations under the Charter of the United Nations with respect to the maintenance and restoration of international peace and security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 10.11. Cross-Border Transfer of Information by Electronic Means", "description": "Chile and Ecuador have agreed that they will not stop or limit the electronic sharing of data across borders. This obligation applies to cross-border data transfer conducted for business purposes of covered entities.", "text": ">>2. Each Party shall permit the cross-border transfer of information by electronic means, including personal information, where such activity is for the conduct of the business of a person of a Party." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [ { "full-name": "", "description": "The FTA does not include specific provisions facilitating cross-border data transfers.", "text": "" } ] }, "ReviewAndAssessment": { "applicable": false, "details": [ { "full-name": "", "description": "The FTA contains no obligation to review data localisation measures.", "text": "" } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The FTA does not mention prior authorisation requirements for cross-border data transfers." } ] }, "FinancialDataProtection": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "There are no provisions on financial data localisation or protection." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 10.11. Cross-Border Transfer of Information by Electronic Means", "description": "[[#necessity test]] Chile and Ecuador may restrict data transfers to pursue a legitimate public policy objective, so long as the measure is not arbitrary, discriminatory or a disguised restriction on trade.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 10.11. Cross-Border Transfer of Information by Electronic Means", "description": "#[[necessity test]] Chile and Ecuador have agreed that measures imposing restrictions on cross-border transfers imposed for a legitimate public policy objective do not have to be necessary.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that [...].", "$comment": "Exception contains no reference to necessity test, but it lists requirements that are similar to those of the necessity test." }, { "full-name": "Article 10.11. Cross-Border Transfer of Information by Electronic Means", "description": "#[[arbitrary discrimination]] Chile and Ecuador have agreed that measures resulting in arbitrary or unjustifiable discrimination cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or [...]." }, { "full-name": "Article 10.11. Cross-Border Transfer of Information by Electronic Means", "description": "#[[disguised trade restrictions]] Chile and Ecuador have agreed that measures constituting disguised restrictions on trade cannot qualify for an exception to prohibition of data localisation even though they are for a legitimate public policy objective.", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not [...] or a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 10.11. Cross-Border Transfer of Information by Electronic Means", "description": "Chile and Ecuador have agreed that they can set their own rules for transferring data electronically. However, these rules are subject to requirements of non-arbitrariness and non-discrimination (must not be disguised restrictions on trade).", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements regarding the transfer of information by electronic means.", "$comment": "Also see `MeasuresConsistency`" } ] }, "IndigenousData": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement recognises indigenous peoples but does not address indigenous data specifically." } ] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. No Party shall accord less favorable treatment to digital products created, produced, published, licensed, commissioned, or first made available on a commercial basis, in the territory of the other Party, or to digital products of which the author, performer, producer, developer, or owner is a person of the other Party, than it accords to other similar digital products. (5) \n>>(5) This provision does not include advertising services.", "$comment": "" }, { "full-name": "Article 10.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. This Article shall not apply to broadcasting.", "$comment": "" } ] }, "ogd_provisions": { "applicable": false }, "sc_provisions": { "applicable": false }, "ts_provisions": { "applicable": false } } ] }, { "treaty-name": "Singapore-Australia Digital Economy Agreement", "short-name": "SGP-AUS (2020)", "description": "The Digital Economy Agreement upgrades the digital trade chapter of the Singapore-Australia FTA into one of the most comprehensive in the dataset, spanning all ten provision categories: hard data flow and localisation commitments with a public policy exception, customs duties prohibition, computing facilities, cryptography, source code, non-discrimination, open government data, digital standards and artificial intelligence cooperation, with updated general exceptions.", "date-signed": "2020-08-06", "date-effective": "2020-12-08", "parties": [ { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "Australia", "country-code": "AUS" } ], "agreement-type": "Bilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" }, { "provision-name": "Digital Trade Standards", "provision-code": "ts_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 31: Artificial Intelligence", "description": "", "text": ">>1. The Parties recognise that the use and adoption of Artificial Intelligence ('AI') technologies are becoming increasingly important within a digital economy offering significant social and economic benefits to natural persons and enterprises. [...]" }, { "full-name": "Article 31: Artificial Intelligence", "description": "", "text": ">>1. [...] The Parties shall cooperate, in accordance with their respective relevant policies, through: \n>>>(a) sharing research and industry practices related to AI technologies and their governance;" }, { "full-name": "Article 31: Artificial Intelligence", "description": "", "text": ">>1. [...] The Parties shall cooperate, in accordance with their respective relevant policies, through: [...] \n>>>(b) promoting and sustaining the responsible use and adoption of AI technologies by businesses and across the community; and [...]" }, { "full-name": "Article 31: Artificial Intelligence", "description": "", "text": ">>1. [...] The Parties shall cooperate, in accordance with their respective relevant policies, through: [...] \n>>>(c) encouraging commercialisation opportunities and collaboration between researchers, academics and industry." }, { "full-name": "Article 31: Artificial Intelligence", "description": "", "text": ">>2. The Parties also recognise the importance of developing ethical governance frameworks for the trusted, safe and responsible use of AI technologies that will help realise the benefits of AI. In view of the cross-border nature of the digital economy, the Parties further acknowledge the benefits of ensuring that such frameworks are internationally aligned as far as possible." }, { "full-name": "Article 31: Artificial Intelligence", "description": "", "text": ">>3. To this end, the Parties shall endeavour to: \n>>>(a) collaborate on and promote the development and adoption of frameworks that support the trusted, safe, and responsible use of AI technologies ('AI Governance Frameworks'), through relevant regional and international fora; and [...]" }, { "full-name": "Article 31: Artificial Intelligence", "description": "", "text": ">>3. To this end, the Parties shall endeavour to: [...] \n>>>(b) take into consideration internationally-recognised principles or guidelines when developing such AI Governance Frameworks." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 5. Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 5. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 24. Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 24. Location of Computing Facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory." }, { "full-name": "Article 24. Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 7. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>2. This Article shall apply to information and communication technology product that use cryptography.[^5] \n>>[^5]: For greater certainty, for the purposes of this Article, a “product” is a good and does not include a financial instrument." }, { "full-name": "Article 7. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: \n>>>(a) transfer or provide access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the Party or a person in the Party’s territory; [...]" }, { "full-name": "Article 7. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: [...] \n>>>(b) partner with a person in its territory; or [...]" }, { "full-name": "Article 7. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, neither Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: [...] \n>>>(c) use or integrate a particular cryptographic algorithm or cipher, other than where the manufacture, sale, distribution, import or use of the product is by or for the government of the Party." }, { "full-name": "Article 7. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>4. Paragraph 3 shall not apply to: \n>>>(a) requirements that a Party adopts or maintains relating to access to networks that are owned or controlled by the government of that Party, including those of central banks; or [...]" }, { "full-name": "Article 7. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>4. Paragraph 3 shall not apply to: \n>>(b) measures taken by a Party pursuant to supervisory, investigatory or examination authority relating to financial institutions or markets." }, { "full-name": "Article 7. Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>>5. For greater certainty, this Article shall not be construed to prevent a Party’s law enforcement authorities from requiring service suppliers using encryption they control to provide, in accordance with that Party’s legal procedures, unencrypted communications." } ] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 3. General Exceptions", "description": "", "text": ">>1. For the purposes of this Chapter, Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, *mutatis mutandis." }, { "full-name": "Article 3. General Exceptions", "description": "", "text": ">>2. For the purposes of this Chapter, paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, *mutatis mutandis." }, { "full-name": "Article 3. General Exceptions", "description": "", "text": ">>3. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 4. Disclosure of Information", "description": "", "text": ">>Nothing in this Chapter shall require a Party to furnish or allow access to confidential information, the disclosure of which would be contrary to its law, impede law enforcement, or otherwise be contrary to the public interest, or which would prejudice legitimate commercial interests of particular enterprises, public or private." } ] }, "SecurityExceptions": { "applicable": false, "details": [] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "rticle 23. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Neither Party shall prohibit or restrict the cross-border transfer of information by electronic means, including personal information, if this activity is for the conduct of business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 23. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 23. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 6. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. Neither Party shall accord less favourable treatment to a digital product created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party, or to a digital product of which the author, performer, producer, developer or owner is a person of the other Party, than it accords to other like digital products." }, { "full-name": "Article 6. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in the TRIPS Agreement or with Chapter 13 (Intellectual Property)." }, { "full-name": "Article 6. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party including government-supported loans, guarantees and insurance." }, { "full-name": "Article 6. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>4. This Article shall not apply to broadcasting." } ] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 27. Open Government Data", "description": "", "text": ">>1. For the purposes of this Article, 'government information' means non-proprietary information, including data, held by the central level of government." }, { "full-name": "Article 27. Open Government Data", "description": "", "text": ">>2. The Parties recognise that facilitating public access to and use of government information contributes to stimulating economic and social benefit, competitiveness, productivity improvements and innovation." }, { "full-name": "Article 27. Open Government Data", "description": "", "text": ">>3. To the extent that a Party chooses to make government information available to the public, it shall endeavour to ensure: \n>>>(a) that the information is appropriately anonymised, contains descriptive metadata and is in a machine readable and open format that allows it to be searched, retrieved, used, reused and redistributed; and [...]" }, { "full-name": "Article 27. Open Government Data", "description": "", "text": ">>3. To the extent that a Party chooses to make government information available to the public, it shall endeavour to ensure: [...] \n>>>(b) to the extent practicable, that the information is made available in a spatially enabled format with reliable, easy to use and freely available APIs and is regularly updated." }, { "full-name": "Article 27. Open Government Data", "description": "", "text": ">>4. The Parties shall endeavour to cooperate to identify ways in which each Party can expand access to and use of government information that the Party has made public, with a view to enhancing and generating business and research opportunities." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 28. Source Code*", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory." }, { "full-name": "Article 28. Source Code*", "description": "", "text": ">>2. This Article does not preclude a government agency, regulatory body or judicial authority ('Relevant Body') of a Party from requiring a person of the other Party to preserve or make available the source code of software to the Relevant Body for an investigation, inspection, examination, enforcement action, or judicial or administrative proceeding, subject to safeguards against unauthorised disclosure." }, { "full-name": "Article 28. Source Code*", "description": "", "text": ">>3. Nothing in this Article shall preclude: \n>>>(a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or [...]" }, { "full-name": "Article 28. Source Code*", "description": "", "text": ">>3. Nothing in this Article shall preclude: [...] \n>>>(b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement." }, { "full-name": "Article 28. Source Code*", "description": "", "text": ">>4. For greater certainty, nothing in paragraph 1 shall prevent a person of a Party from licencing its software on a free and open source basis." }, { "full-name": "Article 28. Source Code*", "description": "", "text": ">>5. If both Parties undertake obligations under an international agreement that enters into force after this Agreement, or an amendment to any existing international agreement, to not require the transfer of, or access to, an algorithm expressed in source code of software owned by a person of a Party or non-Party as a condition for the import, distribution, sale or use of that software, or of products containing that software, in their territories, such disclosure shall not be construed to negatively affect the software source code’s status as a trade secret, if such status is claimed by the trade secret owner." } ] }, "ts_provisions": { "applicable": true, "details": [ { "full-name": "Article 30: Standards and Conformity Assessment for Digital Trade", "description": "", "text": ">>1. The Parties recognise the role of standards in reducing barriers to trade and fostering a well-functioning digital economy, including their potential to decrease compliance costs and increase consistency, interoperability, reliability and efficiency." }, { "full-name": "Article 30: Standards and Conformity Assessment for Digital Trade", "description": "", "text": ">>2. Each Party shall, where appropriate, actively participate in the work of relevant regional and international bodies relating to the development and adoption of standards that support digital trade." }, { "full-name": "Article 30: Standards and Conformity Assessment for Digital Trade", "description": "", "text": ">>3. To the extent possible, and where agreed, the Parties shall endeavour to: \n>>>(a) share experiences of developing or adopting standards that support digital trade, including technology standards; \n>>>(b) exchange views on potential future areas to develop or adopt standards that support digital trade, including technology standards; and \n>>>(c) identify, develop and test, with industry participants as appropriate, cross-border projects that demonstrate standards that support digital trade, including technology standards." }, { "full-name": "Article 30: Standards and Conformity Assessment for Digital Trade", "description": "", "text": ">>4. Where agreed, the Parties shall cooperate on initiatives, including research projects, to develop a greater understanding, between the Parties and industry, of standards that support digital trade and their benefits and applications." }, { "full-name": "Article 30: Standards and Conformity Assessment for Digital Trade", "description": "", "text": ">>5. The Parties recognise that mechanisms which facilitate the cross-border recognition of conformity assessment results can support digital trade. Such mechanisms include: \n>>>(a) voluntary arrangements between relevant conformity assessment bodies; and \n>>>(b) the use of regional or international recognition agreements or arrangements that the Parties are party to, or are represented at." }, { "full-name": "Article 30: Standards and Conformity Assessment for Digital Trade", "description": "", "text": ">>6. To this end, the Parties shall endeavour to exchange information to facilitate the acceptance of conformity assessment results with a view to supporting digital trade." } ] } } ] }, { "treaty-name": "Digital Economy Partnership Agreement", "short-name": "DEPA (2020)", "description": "The first stand-alone plurilateral digital economy agreement, structured in modules. It includes CPTPP-style data flow and localisation commitments with a public policy exception, customs duties prohibition, computing facilities, cryptography, non-discrimination, open government data and artificial intelligence provisions, with general, security and Treaty of Waitangi exceptions.", "date-signed": "2020-06-12", "date-effective": "2021-01-07", "parties": [ { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "New Zealand", "country-code": "NZL" }, { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "Korea, Republic of", "country-code": "KOR" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Artificial Intelligence", "provision-code": "ai_provisions" }, { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.2: Artificial Intelligence", "description": "", "text": ">>1. The Parties recognise that the use and adoption of Artificial Intelligence (AI) technologies have grown increasingly widespread in the digital economy." }, { "full-name": "Article 8.2: Artificial Intelligence", "description": "", "text": ">>2. The Parties recognise the economic and social importance of developing ethical and governance frameworks for the trusted, safe and responsible use of AI technologies. In view of the cross-border nature of the digital economy, the Parties further acknowledge the benefits of developing mutual understanding and ultimately ensuring that such frameworks are internationally aligned, in order to facilitate, as far as possible, the adoption and use of AI technologies across the Parties’ respective jurisdictions." }, { "full-name": "Article 8.2: Artificial Intelligence", "description": "", "text": ">>3. To this end, the Parties shall endeavour to promote the adoption of ethical and governance frameworks that support the trusted, safe and responsible use of AI technologies (AI Governance Frameworks)." }, { "full-name": "Article 8.2: Artificial Intelligence", "description": "", "text": ">>4. In adopting AI Governance Frameworks, the Parties shall endeavour to take into consideration internationally recognised principles or guidelines, including explainability, transparency, fairness and human-centred values." } ] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 2.4: Customs Duties", "description": "", "text": ">>1. No Party shall impose customs duties on electronic transmissions between a person of one Party and a person of another Party." }, { "full-name": "Article 2.4: Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 4.4: Location of Computing Facilities", "description": "", "text": ">>The Parties affirm their level of commitments relating to location of computing facilities, in particular, but not exclusively: \n>>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 4.4: Location of Computing Facilities", "description": "", "text": ">>The Parties affirm their level of commitments relating to location of computing facilities, in particular, but not exclusively: \n>>2. No Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory." }, { "full-name": "Article 4.4: Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 3.4: Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>1. This section shall apply to information and communication technology (ICT) products that use cryptography.[^1] \n>>[^1]: For greater certainty, for the purposes of this section, a “product” is a good and does not include a financial instrument." }, { "full-name": "Article 3.4: Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: \n>>>(a) transfer or provide access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the Party or a person in the Party’s territory; [...]" }, { "full-name": "Article 3.4: Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: [...] \n>>>(b) partner with a person in its territory; or [...]" }, { "full-name": "Article 3.4: Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: [...] \n>>>(c) use or integrate a particular cryptographic algorithm or cipher,other than where the manufacture, sale, distribution, import or use of the product is by or for the government of the Party." }, { "full-name": "Article 3.4: Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>4. Paragraph 3 shall not apply to: \n>>>(a) Requirements that a Party adopts or maintains relating to access to networks that are owned or controlled by the government of that Party, including those of central banks; or [...]" }, { "full-name": "Article 3.4: Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>4. Paragraph 3 shall not apply to: [...] \n>>>(b) measures taken by a Party pursuant to supervisory, investigatory or examination authority relating to financial institutions or markets." }, { "full-name": "Article 3.4: Information and Communication Technology Products that Use Cryptography", "description": "", "text": ">>5. For greater certainty, this Section shall not be construed to prevent a Party’s law enforcement authorities from requiring service suppliers using encryption they control to provide, pursuant to that Party’s legal procedures, unencrypted communications." } ] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 15.1: General Exceptions", "description": "", "text": ">>1. For the purposes of this Agreement, Article XX of GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 15.2: General Exceptions", "description": "", "text": ">>2. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 15.3: General Exceptions", "description": "", "text": ">>3. For the purposes of this Agreement, Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health." }, { "full-name": "Article 15.4: General Exceptions", "description": "", "text": ">>4. For the purposes of this Agreement, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures necessary to protect national treasures or specific sites of historical or archaeological value, or to support creative arts [^21] of national value. [^21]: “Creative arts” include: the performing arts – including theatre, dance and music – visual arts and craft, literature, film and video, language arts, creative online content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid art work, including those that use new technologies to transcend discrete art form divisions. The term encompasses those activities involved in the presentation, execution and interpretation of the arts; and the study and technical development of these art forms and activities." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 15.2: Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: \n>>>(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or [...]" }, { "full-name": "Article 15.2: Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: [...] \n>>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 15.3: Treaty of Waitangi", "description": "", "text": ">>1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi." }, { "full-name": "Article 15.3: Treaty of Waitangi", "description": "", "text": ">>2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Module 14 (Dispute Settlement) shall otherwise apply to this Article. An arbitral tribunal established under Module 14 (Dispute Settlement) may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party’s rights under this Agreement." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 4.3: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 4.3: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 4.3: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 3.3: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another Party, or to digital products of which the author, performer, producer, developer or owner is a person of another Party, than it accords to other like digital products.[^1] \n[^1]: For greater certainty, to the extent that a digital product of a non-Party is a “like digital product”, it will qualify as an “other like digital product” for the purposes of this paragraph." }, { "full-name": "Article 3.3: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. Paragraph 1 shall not apply to the extent of any inconsistency with a Party’s rights and obligations concerning intellectual property contained in another international agreement a Party is party to." }, { "full-name": "Article 3.3: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance." }, { "full-name": "Article 3.3: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>4. This Article shall not apply to broadcasting." } ] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.5: Open Government Data", "description": "", "text": ">>1. The Parties recognise that facilitating public access to and use of government information may foster economic and social development, competitiveness and innovation." }, { "full-name": "Article 9.5: Open Government Data", "description": "", "text": ">>2. To the extent that a Party makes government information, including data, available to the public, it shall endeavour to ensure that the information is made available as open data." }, { "full-name": "Article 9.5: Open Government Data", "description": "", "text": ">>3. The Parties shall endeavour to cooperate to identify ways in which Parties can expand access to and use of open data, with a view to enhancing and generating business opportunities." }, { "full-name": "Article 9.5: Open Government Data", "description": "", "text": ">>4. Cooperation under this Article may include activities such as: \n>>>(a) jointly identifying sectors where open data sets, particularly those with global value, can be used to facilitate technology transfer, talent formation and innovation, among other things; \n>>>(b) encouraging the development of new products and services based on open data sets; and \n>>>(c) fostering the use and develop open data licensing models in the form of standardised public licences available online, which will allow open data to be freely accessed, used, modified and shared by anyone for any purpose permitted by the Parties’ respective laws and regulations, and which rely on open data formats." } ] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Agreement between the United States of America and Japan Concerning Digital Trade", "short-name": "USA-JPN (2020)", "description": "A stand-alone digital trade agreement with some of the hardest disciplines in the dataset: unqualified-style data flow and localisation prohibitions (the public policy exception applying narrowly), customs duties prohibition, computing facilities including a financial-sector localisation ban, cryptography, source code and algorithm protections, non-discrimination and open government data, under general and security exceptions.", "date-signed": "2019-10-07", "date-effective": "2020-01-01", "parties": [ { "country-name": "United States of America", "country-code": "USA" }, { "country-name": "Japan", "country-code": "JPN" } ], "agreement-type": "Bilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 7. Customs Duties", "description": "", "text": ">>Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 12. Location of Computing Facilities", "description": "", "text": ">>1. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory." }, { "full-name": "Article 12. Location of Computing Facilities", "description": "", "text": ">>2. This Article does not apply with respect to covered financial service suppliers, which are addressed by Article 13." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>2. This Article applies to ICT goods that use cryptography.[^16] [...] \n[16] For greater certainty, for the purposes of this Article, an ICT good does not include a financial instrument." }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>2.[...] This Article does not apply to: \n>>>(a) a Party’s law enforcement authorities requiring service suppliers using encryption they control to provide unencrypted communications pursuant to that Party’s legal procedures; [...]" }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>2.[...] This Article does not apply to: \n>>>(b) the regulation of financial instruments; [...]" }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>2.[...] This Article does not apply to: \n>>>(c) a requirement that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by the government of that Party, including those of central banks; [...]" }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>2.[...] This Article does not apply to: [...] \n>>>(d) a measure taken by a Party pursuant to supervisory, investigatory, or examination authority relating to financial institutions or financial markets; or [...]" }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>2.[...] This Article does not apply to: [...] \n>>>(e) the manufacture, sale, distribution, import, or use of the ICT good by or for the government of the Party. [...]" }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>3. With respect to an ICT good that uses cryptography and is designed for commercial applications, neither Party shall require a manufacturer or supplier of the ICT good, as a condition of the manufacture, sale, distribution, import, or use of the ICT good, to: \n>>>(a) transfer or provide access to any proprietary information relating to cryptography, including by disclosing a particular technology or production process or other information, for example, a private key or other secret parameter, algorithm specification, or other design detail, to the Party or a person in the territory of the Party; [...]" }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>3. With respect to an ICT good that uses cryptography and is designed for commercial applications, neither Party shall require a manufacturer or supplier of the ICT good, as a condition of the manufacture, sale, distribution, import, or use of the ICT good, to: [...] \n>>>(b) partner or otherwise cooperate with a person in the territory of the Party in the development, manufacture, sale, distribution, import, or use of the ICT good; or [...]" }, { "full-name": "Article 21. Information and Communication Technology Goods that Use Cryptography", "description": "", "text": ">>3. With respect to an ICT good that uses cryptography and is designed for commercial applications, neither Party shall require a manufacturer or supplier of the ICT good, as a condition of the manufacture, sale, distribution, import, or use of the ICT good, to: [...] \n>>>(c) use or integrate a particular cryptographic algorithm or cipher." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 3. General Exceptions", "description": "", "text": ">>1. For the purposes of all provisions other than Article 21, paragraphs (a) through (c) of Article XIV of the GATS are incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "Article 3. General Exceptions", "description": "", "text": ">>2. For the purposes of Article 21, Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 4. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: \n>>>(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or [...]" }, { "full-name": "Article 4. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: [...] \n>>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": " >>1. Neither Party shall prohibit or restrict the cross-border transfer of information, including personal information, by electronic means, if this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Nothing in this Article shall prevent a Party from adopting or maintaining a measure inconsistent with paragraph 1 that is necessary to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on transfers of information greater than are necessary to achieve the objective.[^9] \n>>9 A measure does not meet the conditions of this paragraph if it accords different treatment to data transfers solely on the basis that they are cross-border in a manner that modifies the conditions of competition to the detriment of a covered person." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": false, "details": [] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "**Article 8.7. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. Neither Party shall accord less favorable treatment to a digital product created, produced, published, contracted for, commissioned, or first made available on commercial terms in the territory of the other Party, or to a digital product of which the author, performer, producer, developer, or owner is a person of the other Party, than it accords to other like digital products.[^7] \n>>[^7]: For greater certainty, to the extent that a digital product of a third country is a “like digital product”, it will qualify as an “other like digital product” for the purposes of this paragraph" }, { "full-name": "Article 8.7. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. This Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance." }, { "full-name": "Article 8.7. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>3. For greater certainty, nothing in this Article prevents a Party from adopting or maintaining measures that limit the level of foreign capital participation in an enterprise engaged in the supply of broadcasting.[^8] \n>>[^8]: For the purposes of this paragraph, for Japan, “broadcasting” means the transmission of telecommunications with the aim of direct reception by the public (paragraph 1 of Article 2 of the Broadcast Law (Law No. 132 of 1950)) and does not include on-demand services including such services supplied over the Internet." }, { "full-name": "Article 8.7. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>4. With respect to intellectual property rights, paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in any bilateral agreement between the Parties with respect to intellectual property or, if no such bilateral agreement exists, with the rights and obligations in any international agreement with respect to intellectual property to which both Parties are party." } ] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 20. Open Government Data", "description": "", "text": ">>1. The Parties recognize that facilitating public access to and use of government information fosters economic and social development, competitiveness, and innovation." }, { "full-name": "Article 20. Open Government Data", "description": "", "text": ">>2. To the extent that a Party chooses to make government information available to the public, it shall endeavor to ensure that the government information is in a machine-readable and open format and can be searched, retrieved, used, reused, and redistributed." }, { "full-name": "Article 20. Open Government Data", "description": "", "text": ">>3. The Parties shall endeavor to cooperate to identify ways in which each Party can expand access to and use of government information that the Party has made public, with a view to enhancing and generating business opportunities, especially for small and medium-sized enterprises." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 17. Source Code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party, or the transfer of, or access to, an algorithm expressed in that source code, as a condition for the import, distribution, sale, or use of that software, or of products containing that software, in its territory." }, { "full-name": "Article 17. Source Code", "description": "", "text": ">>2. This Article does not preclude a regulatory body or judicial authority of a Party from requiring a person of the other Party to preserve and make available [^13] the source code of software, or an algorithm expressed in that source code, for a specific investigation, inspection, examination, enforcement action, or judicial proceeding, subject to safeguards against unauthorized disclosure. \n>>[^13]: This making available shall not be construed to negatively affect the software source code’s status as a trade secret, if such status is claimed by the trade secret owner." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Protocol to Amend the Agreement between New Zealand and Singapore on a Closer Economic Partnership", "short-name": "NZL-SGP (2020)", "description": "The upgraded Closer Economic Partnership modernises the 2001 agreement's e-commerce chapter with data localisation and cross-border flow commitments qualified by public policy exceptions, customs duties prohibition, computing facilities and source code provisions, with general, security and Treaty of Waitangi exceptions.", "date-signed": "2019-05-17", "date-effective": "2020-01-01", "parties": [ { "country-name": "New Zealand", "country-code": "NZL" }, { "country-name": "Singapore", "country-code": "SGP" } ], "agreement-type": "Bilateral", "agreement-subtype": "Upgrade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "9.3. Customs Duties", "description": "", "text": ">>1. No Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of one Party and a person of the other Party." }, { "full-name": "9.3. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "9.11. Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "9.11. Location of Computing Facilities", "description": "", "text": ">>2. No Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "9.11. Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "16.3. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures), Chapter 6 (Technical Barriers to Trade), Chapter 7 (Investment), and Chapter 13 (Regulatory Cooperation), Article XX of GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis." }, { "full-name": "16.3. General Exceptions", "description": "", "text": ">>2. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "16.4. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 7 (Investment), Chapter 8 (Services), Chapter 9 (E- Commerce), Chapter 13 (Regulatory Cooperation), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health." }, { "full-name": "16.4. General Exceptions", "description": "", "text": ">>4. For the purposes of Chapter 10 (Government Procurement), Article III(2) of the Revised Agreement on Government Procurement is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article IM(2) of the Revised Agreement on Government Procurement include environmental measures necessary to protect human, animal or plant life or health." }, { "full-name": "16.4. General Exceptions", "description": "", "text": ">>5. For the purposes of this Agreement, subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties where like conditions prevail, or a disguised restriction on trade in goods or services and investment, nothing in this Agreement shall be construed to prevent the adoption or enforcement by a Party of measures necessary to protect national works or specific sites of historical or archaeological value, or to support creative arts[^1] of national value. \n>>[^1]: 'Creative arts' include nga toi Maori (Maori arts), the performing arts - including theatre, dance, music, haka and waiata - visual arts and craft such as painting, sculpture, whakairo (carving), raranga (weaving) and ta moko, literature, film and video, language arts, creative online content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid art work, including those that use new technologies to transcend discrete art form divisions. The term encompasses those activities involved in the presentation, execution and interpretation of the arts; and the study and technical development of these art forms and activities." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "16.9. Security", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(a) as preventing either Party from taking any action which it considers necessary for the protection of its essential security interests, including but not limited to action relating to traffic in arms, ammunition and implements of war and to such traffic in other goods and materials as is carried on directly or indirectly for the purpose of supplying a military establishment, and any action taken in time of war or other emergency in domestic or international relations; or [...]" }, { "full-name": "16.9. Security", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(b) as preventing either Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "16.7. Treaty of Waitangi", "description": "", "text": ">>1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Party or as a disguised restriction on trade in goods and services or investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement including in fulfilment of its obligations under the Treaty of Waitangi." }, { "full-name": "16.7. Treaty of Waitangi", "description": "", "text": ">>2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 14 (Dispute Settlement) shall otherwise apply to this Article. An arbitral tribunal appointed under Article 14.4 (Appointment of Arbitral Tribunals) may be requested by Singapore to determine only whether any measure (referred to in paragraph 1) is inconsistent with its rights under this Agreement." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "9.10. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "9.10. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "9.10. Cross-Border Transfer of Information by Electronic Means", "description": "[[#necessity test]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not [...] or [...]" }, { "full-name": "9.10. Cross-Border Transfer of Information by Electronic Means", "description": "[[#arbitrary discrimination]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or [...]" }, { "full-name": "9.10. Cross-Border Transfer of Information by Electronic Means", "description": "[[#disguised restriciton]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not [...] a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "9.10. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false }, "ogd_provisions": { "applicable": false }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "9.13. Source Code", "description": "", "text": ">>1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory." }, { "full-name": "9.13. Source Code", "description": "", "text": ">>2. For the purposes of this Article, software subject to paragraph 1 is limited to mass- market software or products containing such software and does not include software used for critical infrastructure." }, { "full-name": "9.13. Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude: \n>>>(a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or [...]" }, { "full-name": "9.13. Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude: [...] \n>>>(b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement." }, { "full-name": "9.13. Source Code", "description": "", "text": ">>4. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Free Trade Agreement between the Government of Australia and the Government of the Hong Kong Special Administrative Region of the People's Republic of China", "short-name": "HKG-AUS (2020)", "description": "The FTA's e-commerce chapter contains hard data flow and localisation commitments with public policy exceptions and a financial-data carve-out, customs duties prohibition, computing facilities and source code provisions, subject to general and security exceptions.", "date-signed": "2019-03-26", "date-effective": "2020-01-17", "parties": [ { "country-name": "Australia", "country-code": "AUS" }, { "country-name": "Hong Kong, China", "country-code": "HKG" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 11.6: Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 11.6: Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 11.8: Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 11.8: Location of Computing Facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 11.8: Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>2. Neither Party shall require a covered financial person to use or locate computing facilities in the Area of the Party as a condition for conducting business in that Area, provided that the Party’s financial regulatory authorities, for regulatory and supervisory purposes, have immediate, direct, complete and ongoing access to information processed or stored on computing facilities that the covered financial person uses or locates outside the Area of the Party." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>3. A Party shall, to the extent practicable, provide a covered financial person with a reasonable opportunity to remediate a lack of access to information as described in paragraph 2 before the Party requires the covered financial person to use or locate computing facilities in the Area of the Party or the territory of a non-Party." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>4. For greater certainty, provided that a Party’s financial regulatory authorities do not have access to information as described in paragraph 2, the Party may: \n>>>(a) subject to paragraph 3, require a covered financial person to use or locate computing facilities either in the Area of the Party or the territory of a non-Party where the Party has such access; and \n>>>(b) adopt or maintain any other measure not inconsistent with this Agreement." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>5. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1, paragraph 2, paragraph 3 or paragraph 4 to achieve a legitimate public policy objective, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 19.2: General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures), Chapter 6 (Technical Barriers to Trade) and Chapter 11 (Electronic Commerce), Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 19.2: General Exceptions", "description": "", "text": ">>2. For the purposes of Chapter 7 (Cross-Border Trade in Services), Chapter 8 (Financial Services), Chapter 9 (Telecommunications), Chapter 10 (Movement of Natural Persons) and Chapter 11 (Electronic Commerce), Article XIV of GATSis incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 19.3: Essential Security", "description": "", "text": " >>1. Nothing in Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Technical Barriers to Trade) and Chapter 6 (Sanitary and Phytosanitary Measures) shall be construed to: \n>>>(a) require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; [...]" }, { "full-name": "Article 19.3: Essential Security", "description": "", "text": " >>1. Nothing in Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Technical Barriers to Trade) and Chapter 6 (Sanitary and Phytosanitary Measures) shall be construed to: [...] \n>>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>>(i) relating to fissionable and fusionable materials or the materials from which they are derived; \n>>>>(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials or relating to the supply of services as carried out directly or indirectly for the purpose of supplying or provisioning a military establishment; \n>>>>(iii) taken so as to protect critical public infrastructure1 including communications, power, transport and water infrastructures2; or \n>>>>(iv) taken in time of national emergency, war or other emergency in international relations; or [...]" }, { "full-name": "Article 19.3: Essential Security", "description": "", "text": ">>1. Nothing in Chapter 2 (Trade in Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Procedures and Trade Facilitation), Chapter 5 (Technical Barriers to Trade) and Chapter 6 (Sanitary and Phytosanitary Measures) shall be construed to: [...] \n>>>(c) prevent a Party from taking any action in pursuance of the obligations applicable to it under the United Nations Charter for the maintenance of international peace and security." }, { "full-name": "Article 19.3: Essential Security", "description": "", "text": ">>2. Nothing in Chapter 7 (Cross-Border Trade in Services), Chapter 8 (Financial Services), Chapter 9 (Telecommunications), Chapter 10 (Movement of Natural Persons), Chapter 11 (Electronic Commerce), Chapter 12 (Establishment and Related Provisions), Chapter 13 (Government Procurement), Chapter 14 (Intellectual Property) and Chapter 15 (Competition Policy) shall be construed to: \n>>>(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; [...]" }, { "full-name": "Article 19.3: Essential Security", "description": "", "text": ">>2. Nothing in Chapter 7 (Cross-Border Trade in Services), Chapter 8 (Financial Services), Chapter 9 (Telecommunications), Chapter 10 (Movement of Natural Persons), Chapter 11 (Electronic Commerce), Chapter 12 (Establishment and Related Provisions), Chapter 13 (Government Procurement), Chapter 14 (Intellectual Property) and Chapter 15 (Competition Policy) shall be construed to: [...] \n>>>(b) preclude a Party from applying measures that it considers necessary for the protection of its own essential security interests3; or [...]" }, { "full-name": "Article 19.3: Essential Security", "description": "", "text": ">>2. Nothing in Chapter 7 (Cross-Border Trade in Services), Chapter 8 (Financial Services), Chapter 9 (Telecommunications), Chapter 10 (Movement of Natural Persons), Chapter 11 (Electronic Commerce), Chapter 12 (Establishment and Related Provisions), Chapter 13 (Government Procurement), Chapter 14 (Intellectual Property) and Chapter 15 (Competition Policy) shall be construed to: [...] \n>>>(c) prevent a Party from taking any action in pursuance of the obligations applicable to it under the United Nations Charter for the maintenance of international peace and security." }, { "full-name": "Article 19.3: Essential Security", "description": "", "text": ">>3. Subject to paragraph 1(a) and paragraph 2(a), the Joint Commission shall be informed of measures taken under paragraph 1(b), paragraph 1(c), paragraph 2(b) and paragraph 2(c) and of their termination." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 11.7: Movement of Information", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>1. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered financial person." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>3. A Party shall, to the extent practicable, provide a covered financial person with a reasonable opportunity to remediate a lack of access to information as described in paragraph 2 before the Party requires the covered financial person to use or locate computing facilities in the Area of the Party or the territory of a non-Party." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>4. For greater certainty, provided that a Party’s financial regulatory authorities do not have access to information as described in paragraph 2, the Party may: [...] \n>>>(b) adopt or maintain any other measure not inconsistent with this Agreement." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>5. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1, paragraph 2, paragraph 3 or paragraph 4 to achieve a legitimate public policy objective, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 11.7: Movement of Information", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." }, { "full-name": "Article 11.15: Movement of Information and Location of Computing Facilities for Financial Services", "description": "", "text": ">>5. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1, paragraph 2, paragraph 3 or paragraph 4 to achieve a legitimate public policy objective, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 11.7: Movement of Information", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 11.12: Treatment of Source Code", "description": "", "text": ">>1. Neither Party shall, as a condition for the importation, distribution, sale or use of software, or of products containing such software, require the transfer of or access to the source code of such software owned by a person of the other Party." }, { "full-name": "Article 11.12: Treatment of Source Code", "description": "", "text": ">>2. For the purposes of this Article, software referred to in paragraph 1 is limited to mass-market software or products containing such software, and does not include software used for critical infrastructure." }, { "full-name": "Article 11.12: Treatment of Source Code", "description": "", "text": ">>3. Nothing in this Article shall be construed to prevent: \n>>>(a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; [...]" }, { "full-name": "Article 11.12: Treatment of Source Code", "description": "", "text": ">>3. Nothing in this Article shall be construed to prevent: [...] \n>>>(b) a Party from requiring the modification of source code of software necessary for that software to comply with its laws or regulations which are not inconsistent with this Agreement; or [...]" }, { "full-name": "Article 11.12: Treatment of Source Code", "description": "", "text": ">>3. Nothing in this Article shall be construed to prevent: [...] \n>>>(c) a person of a Party from licensing its software on a free and open source basis." }, { "full-name": "Article 11.12: Treatment of Source Code", "description": "", "text": ">>4. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the laws or practices of a Party." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Australia - Indonesia Comprehensive Economic Partnership Agreement", "short-name": "IDN-AUS (2020)", "description": "The CEPA includes data localisation and cross-border flow commitments qualified by public policy and essential security exceptions, with computing facilities and source code provisions, under horizontal general and security exceptions.", "date-signed": "2019-03-04", "date-effective": "2020-07-05", "parties": [ { "country-name": "Australia", "country-code": "AUS" }, { "country-name": "Indonesia", "country-code": "IDN" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": false, "details": [] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.12. Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 13.12. Location of Computing Facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory, except where such a measure exists at the date of entry into force of this Agreement. A Party may promptly renew a measure in existence at the date of entry into force of this Agreement or amend such a measure to make it less trade restrictive, at any time. Where a Party amends such a measure to make it less trade restrictive, it shall not subsequently amend that measure to make it more trade restrictive than it was immediately before that amendment." }, { "full-name": "Article 13.12. Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised testriction on trade; or [...]" }, { "full-name": "Article 13.12. Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(b) any measure that it considers necessary for the protection of its essential security interests." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Non-Tariff Measures), Chapter 4 (Rules of Origin), Chapter 5 (Customs Procedures), Chapter 6 (Trade Facilitation), Chapter 7 (Sanitary and Phytosanitary Measures) and Chapter 8 (Technical Barriers to Trade), Article XX of GATT 1994 is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources and that Article XX(f) of GATT 1994 applies to measures imposed for the protection of national treasures of artistic, historic or archaeological value." }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>2. For the purposes of Chapter 9 (Trade in Services), Chapter 10 (Financial Services), Chapter 11 (Telecommunications), Chapter 12 (Movement of Natural Persons) and Chapter 13 (Electronic Commerce), Article XIV of GATS, including its footnotes, is incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health." }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 14 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between investments or between investors where like conditions prevail, or a disguised restriction on international trade or investment, nothing in Chapter 14 (Investment) shall be construed to prevent a Party from adopting or enforcing measures: \n>>>(a) necessary to protect public morals or to maintain public order;[^1] [...] \n>>[^1]: The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society." }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 14 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between investments or between investors where like conditions prevail, or a disguised restriction on international trade or investment, nothing in Chapter 14 (Investment) shall be construed to prevent a Party from adopting or enforcing measures: [...] \n>>>(b) necessary to protect human, animal or plant life or health;[^2] [...] \n>>[^2]: For greater certainty, the measures referred to subparagraph (b) include environmental measures to protect human, animal or plant life or health." }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 14 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between investments or between investors where like conditions prevail, or a disguised restriction on international trade or investment, nothing in Chapter 14 (Investment) shall be construed to prevent a Party from adopting or enforcing measures: [...] \n>>>(c) necessary to ensure compliance with laws and regulations that are not inconsistent with this Agreement, including those relating to: \n>>>>(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on services contracts; \n>>>>(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; \n>>>>(iii) safety; [...]" }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 14 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between investments or between investors where like conditions prevail, or a disguised restriction on international trade or investment, nothing in Chapter 14 (Investment) shall be construed to prevent a Party from adopting or enforcing measures: [...] \n>>>(d) imposed for the protection of national treasures of artistic, historic or archaeological value; or [...]" }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 14 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between investments or between investors where like conditions prevail, or a disguised restriction on international trade or investment, nothing in Chapter 14 (Investment) shall be construed to prevent a Party from adopting or enforcing measures: [...] \n>>>(e) relating to the conservation of living or non-living exhaustible natural resources if such measures are made effective in conjunction with restrictions on domestic production or consumption.[^3] [...] \n>>(3) For greater certainty, the measures referred to in subparagraph (e) include environmental measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>4. For the purposes of Chapter 9 (Trade in Services) and Chapter 14 (Investment), subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between the Parties, or between investors or between investments, where like conditions prevail, or a disguised restriction on trade in services or investment, nothing in these Chapters shall be construed to prevent the adoption or enforcement by a Party of measures necessary to protect national treasures or specific sites of historical or archaeological value, or measures necessary to support creative arts of national value.[^4] \n>>[^4]: “Creative arts” includes the performing arts – including theatre, dance and music – visual arts and craft, literature, film, television, video, radio, language arts, creative on-line content, indigenous traditional practice and contemporary cultural expression, and digital interactive media and hybrid art work, including those that use new technologies to transcend discrete art form divisions. The term encompasses those activities involved in the presentation, execution and interpretation of the arts, and the study and technical development of these art forms and activities." }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>5. A Party shall hold consultations with a view to reaching agreement on any necessary adjustment required to maintain the overall balance of commitments undertaken by the Parties under Chapter 9 (Trade in Services) and Chapter 14 (Investment) if requested by a Party affected by the measures referred to in paragraph 4." }, { "full-name": "Article 17.2. General Exceptions", "description": "", "text": ">>6. Nothing in this Agreement shall be construed to prevent a Party from implementing the suspension of obligations, including maintaining or increasing a customs duty, that is authorised by the Dispute Settlement Body of the WTO or resulting from a decision by a dispute settlement panel under a free trade agreement to which the Parties are party." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 17.3. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(a) to require a Party to furnish or allow access to any information the disclosure of which it considers contrary to its essential security interests; or [...]" }, { "full-name": "Article 17.3. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: [...] \n>>>(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>>(i) relating to fissionable materials or the materials from which they are derived; [...]" }, { "full-name": "Article 17.3. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: [...] \n>>>(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: [...] \n>>>>(ii) relating to the traffic in arms, ammunition and implements of war and to such traffic in other goods and materials, or relating to the supply of services, as carried on directly or indirectly for the purpose of supplying or provisioning a military establishment; [...]" }, { "full-name": "Article 17.3. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: [...] \n>>>(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: [...] \n>>>>(iii) taken so as to protect critical public infrastructure[^5] which may include communications, power and water infrastructures; [...] \n >>[^5]: For clarity, this includes critical public infrastructures whether publicly or privately owned." }, { "full-name": "Article 17.3. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: [...] \n>>>(b) to prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: [...] >>>>(iv) taken in time of national emergency or war or other emergency in international relations; or [...]" }, { "full-name": "Article 17.3. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: [...] \n>>>(c) to prevent a Party from taking any action in pursuance of its obligations under the United Nations Charter for the maintenance of international peace and security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised testriction on trade; or [...]" } ] }, "EssentialSecurityInterests": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: [...] \n>>>(b) any measure that it considers necessary for protection of its essential security interests." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-Border Transfer of Information by Electronic Means", "description": "[[#necessity test]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not [...] or [...];" }, { "full-name": "Article 13.11. Cross-Border Transfer of Information by Electronic Means", "description": "[[#arbitrary discrimination]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or [...]" }, { "full-name": "Article 13.11. Cross-Border Transfer of Information by Electronic Means", "description": "[[#disguised restriction]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining: \n>>>(a) measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised testriction on trade; or [...]" } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.13. Source Code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory." }, { "full-name": "Article 13.13. Source Code", "description": "", "text": ">>2. For the purposes of this Article, software subject to paragraph 1 is limited to mass- market software or products containing such software and does not include software used for critical infrastructure, or software that is specifically made for use by a Party." }, { "full-name": "Article 13.13. Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude: >>>(a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or >>>(b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement." }, { "full-name": "Article 13.13. Source Code", "description": "", "text": ">>4. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party." }, { "full-name": "Article 13.13. Source Code", "description": "", "text": ">>5. Nothing in this Article shall prevent a Party from adopting or maintaining any measures that it considers necessary for the protection of its essential security interests." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "ASEAN Agreement on Electronic Commerce", "short-name": "ASEAN-ECOMMERCE (2021)", "description": "ASEAN's first region-wide e-commerce agreement takes a soft, cooperation-oriented approach to data: parties commit to facilitating cross-border data flows and reviewing implementation rather than to hard localisation prohibitions, with computing facilities provisions and general exceptions; obligations are calibrated to members' development levels.", "date-signed": "2019-01-22", "date-effective": "2021-12-02", "parties": [ { "country-name": "Brunei Darussalam", "country-code": "BRN" }, { "country-name": "Cambodia", "country-code": "KHM" }, { "country-name": "Indonesia", "country-code": "IDN" }, { "country-name": "Lao People's Democratic Republic", "country-code": "LAO" }, { "country-name": "Malaysia", "country-code": "MYS" }, { "country-name": "Myanmar", "country-code": "MMR" }, { "country-name": "Philippines", "country-code": "PHL" }, { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "Thailand", "country-code": "THA" }, { "country-name": "Viet Nam", "country-code": "VNM" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Digital Economy Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": false, "details": [] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "ARTICLE 7 FACILITATING CROSS-BORDER E-COMMERCE — 6. Location of Computing Facilities", "description": "", "text": ">>(a) Member States recognise that each Member State may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications. \n>>Subparagraphs (a) and (b) shall not apply to financial services and financial service suppliers as defined in the Annex on Financial Services of GATS." }, { "full-name": "ARTICLE 7 FACILITATING CROSS-BORDER E-COMMERCE — 6. Location of Computing Facilities", "description": "", "text": ">>(b) Member States agree not to require, subject to their respective laws and regulations, a juridical person of another Member State and its affiliated companies to locate their computing facilities in their respective territories as a requirement for operating a business in their respective territories. \n>>Subparagraphs (a) and (b) shall not apply to financial services and financial service suppliers as defined in the Annex on Financial Services of GATS." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "ARTICLE 14 EXCEPTIONS", "description": "", "text": ">>Article XIV of GATS is incorporated into and made part of this Agreement, mutatis mutandis." } ] }, "SecurityExceptions": { "applicable": false, "details": [] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": false, "details": [] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "ARTICLE 7 FACILITATING CROSS-BORDER E-COMMERCE — 4. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>(a) Member States recognise the importance of allowing information to flow across borders through electronic means, provided that such information shall be used for business purposes, and subject to their respective laws and regulations." }, { "full-name": "ARTICLE 7 FACILITATING CROSS-BORDER E-COMMERCE — 4. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>(b) Member States agree to facilitate cross-border e-commerce by working towards eliminating or minimising barriers to the flow of information across borders, including personal information, subject to appropriate safeguards to ensure security and confidentiality of information, and when other legitimate public policy objectives so dictate." }, { "full-name": "ARTICLE 7 FACILITATING CROSS-BORDER E-COMMERCE — 4. Cross-border Transfer of Information by Electronic Means", "description": "", "text": ">>(c) Subparagraphs (a) and (b) shall not apply to financial services and financial service suppliers as defined in the Annex on Financial Services of GATS." } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": ">Article 17. Review", "description": "", "text": ">>Member States shall undertake a joint review(*) of this Agreement no later than three years from the date of entry into force of this Agreement and every three years thereafter, unless otherwise agreed by Member States. Such review shall include considering the need for additional commitments under this Agreement. \n>>(*) This review shall include, but not be limited to, paragraphs 4 and 6 of Article 7 (Facilitating Cross-Border E-Commerce), as mutually agreed by Member States." } ] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "See `cl_provisions` and `FacilitationOfCrossBorderTransfer`." } ] }, "PublicPolicyException": { "applicable": false, "details": [] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": false, "details": [] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Agreement between the United States of America, the United Mexican States, and Canada", "short-name": "USMCA/CUSMA/T-MEC (2020)", "description": "The NAFTA successor contains some of the strongest digital trade disciplines among FTAs: hard data flow and localisation prohibitions (without a financial-data carve-out for the localisation ban), customs duties prohibition, computing facilities, cryptography, source code and algorithm protections, non-discrimination and open government data, with general, security and Indigenous-related exceptions.", "date-signed": "2018-11-30", "date-effective": "2020-07-01", "parties": [ { "country-name": "United States of America", "country-code": "USA" }, { "country-name": "Mexico", "country-code": "MEX" }, { "country-name": "Canada", "country-code": "CAN" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Open Government Data", "provision-code": "ogd_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 19.3. Customs Duties", "description": "", "text": ">>1. No Party shall impose customs duties, fees, or other charges on or in connection with the importation or exportation of digital products transmitted electronically, between a person of one Party and a person of another Party." }, { "full-name": "Article 19.3. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 does not preclude a Party from imposing internal taxes, fees, or other charges on a digital product transmitted electronically, provided that those taxes, fees, or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 17.18. Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognize that immediate, direct, complete, and ongoing access by a Party's financial regulatory authorities to information of covered persons, including information underlying the transactions and operations of such persons, is critical to financial regulation and supervision, and recognize the need to eliminate any potential limitations on that access." }, { "full-name": "Article 17.18. Location of Computing Facilities", "description": "", "text": ">>2. No Party shall require a covered person to use or locate computing facilities in the Party's territory as a condition for conducting business in that territory, so long as the Party's financial regulatory authorities have immediate, direct, complete, and ongoing access to information processed or stored on computing facilities that the covered person uses or locates outside the Party's territory. [^9] \n>>[^9]: For greater certainty, access to information includes access to information of a covered person that is processed or stored on computing facilities of the covered person or on computing facilities of a third-party service supplier. For greater certainty, a Party may adopt or maintain a measure that is not inconsistent with this Agreement, including any measure consistent with Article 17.11.1 (Exceptions), such as a measure requiring a covered person to obtain prior authorization from a financial regulatory authority to designate a particular enterprise as a recipient of that information, or a measure adopted or maintained by a financial regulatory authority in the exercise of its authority over a covered person's business continuity planning practices with respect to maintenance of the operation of computing facilities." }, { "full-name": "Article 17.18. Location of Computing Facilities", "description": "", "text": ">>3. Each Party shall, to the extent practicable, provide a covered person with a reasonable opportunity to remediate a lack of access to information as described in paragraph 2 before the Party requires the covered person to use or locate computing facilities in the Party’s territory or the territory of another jurisdiction.[^10] \n[^10]: For greater certainty, so long as a Party's financial regulatory authorities do not have access to information as described in paragraph 2, the Party may, subject to paragraph 3, require a covered person to use or locate computing facilities either in the territory of the Party or the territory of another jurisdiction where the Party has that access." }, { "full-name": "Article 17.18. Location of Computing Facilities", "description": "", "text": ">>4. Nothing in this Article restricts the right of a Party to adopt or maintain measures to protect personal data, personal privacy and the confidentiality of individual records and accounts, provided that these measures are not used to circumvent the commitments or obligations of this Article." }, { "full-name": "Article 19.12. Location of Computing Facilities", "description": "", "text": ">>No Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>1. This Article applies to ICT goods that use cryptography.[^6] [...] \n[^6]: For greater certainty, for the purposes of this Annex, an ICT good does not include a financial instrument." }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>1. [...] This Article does not apply to: \n>>>(a) a Party's law enforcement authorities requiring service suppliers using encryption they control to provide unencrypted communications pursuant to that Party's legal procedures; [...]" }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>1. [...] This Article does not apply to: [...] \n>>>(b) the regulation of financial instruments; [...]" }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>1. [...] This Article does not apply to: [...] \n>>>(c) a requirement that a Party adopts or maintains relating to access to networks, including user devices, that are owned or controlled by the government of that Party, including those of central banks; [...]" }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>1. [...] This Article does not apply to: [...] \n>>>(d) a measure taken by a Party pursuant to supervisory, investigatory, or examination authority relating to financial institutions or financial markets; or [...]" }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>[...] This Article does not apply to: [...] \n>>>(e) the manufacture, sale, distribution, import, or use of the good by or for the government of the Party." }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>2. With respect to an ICT good that uses cryptography and is designed for commercial applications, no Party shall require a manufacturer or supplier of the good, as a condition of the manufacture, sale, distribution, import, or use of the good, to: \n>>>(a) transfer or provide access to any proprietary information relating to cryptography, including by disclosing a particular technology or production process or other information, for example, a private key or other secret parameter, algorithm specification, or other design detail, to the Party or a person in the Party's territory; [...]" }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>2. With respect to an ICT good that uses cryptography and is designed for commercial applications, no Party shall require a manufacturer or supplier of the good, as a condition of the manufacture, sale, distribution, import, or use of the good, to: [...] \n>>>(b) partner or otherwise cooperate with a person in its territory in the development, manufacture, sale, distribution, import, or use of the product; or [...]" }, { "full-name": "Article 12.C.2. ICT Goods That Use Cryptography", "description": "", "text": ">>2. With respect to an ICT good that uses cryptography and is designed for commercial applications, no Party shall require a manufacturer or supplier of the good, as a condition of the manufacture, sale, distribution, import, or use of the good, to: [...] \n>>>(c) use or integrate a particular cryptographic algorithm or cipher." } ] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Agriculture), Chapter 4 (Rules of Origin), Chapter 5 (Origin Procedures), Chapter 6 (Textile and Apparel Goods), Chapter 7 (Customs Administration and Trade Facilitation), Chapter 9 (Sanitary and Phytosanitary Measures), Chapter 11 (Technical Barriers to Trade), Chapter 12 (Sectoral Annexes), and Chapter 22 (State-Owned Enterprises and Designated Monopolies), Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.[^1] \n>>[^1]: For the purposes of Chapter 22 (State-Owned Enterprises and Designated Monopolies), Article XX of the GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or a designated monopoly) affecting the purchase, production, or sale of goods, or affecting activities the end result of which is the production of goods." }, { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>2. For the purposes of Chapter 15 (Cross-Border Trade in Services), Chapter 16 (Temporary Entry for Business Persons), Chapter 18 (Telecommunications), Chapter 19 (Digital Trade),[^2] and Chapter 22 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b), and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis.[^3] \n>>[^2]: This paragraph is without prejudice to whether a Party considers a digital product to be a good or service. \n>>[^3]: For the purposes of Chapter 22 (State-Owned Enterprises and Designated Monopolies), Article XTV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or a designated monopoly) affecting the purchase or supply of services, or affecting activities the end result of which is the supply of services." }, { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>3. The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 and GATS Article XIV(b) include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 32.1. General Exceptions", "description": "", "text": ">>4. Nothing in this Agreement shall be construed to prevent a Party from taking action, including maintaining or increasing a customs duty, that is authorized by the Dispute Settlement Body of the WTO or is taken as a result of a decision by a dispute settlement panel under a free trade agreement to which the Party taking action and the Party against which the action is taken are party." }, { "full-name": "Article 32.6. Cultural Industries", "description": "", "text": ">>1. For the purposes of this Article, 'cultural industry' means a person engaged in the following activities: \n>>>(a) the publication, distribution, or sale of books, magazines, periodicals, or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing; \n>>>(b) the production, distribution, sale, or exhibition of film or video recordings; \n>>>(c) the production, distribution, sale, or exhibition of audio or video music recordings; \n>>>(d) the publication, distribution, or sale of music in print or machine readable form; or \n>>>(e) radiocommunications in which the transmissions are intended for direct reception by the general public, and all radio, television and cable broadcasting undertakings and all satellite programming and broadcast network services." }, { "full-name": "Article 32.6. Cultural Industries", "description": "", "text": ">>2. This Agreement does not apply to a measure adopted or maintained by Canada with respect to a cultural industry, except as specifically provided in Article 2.4 (Treatment of Customs Duties) or Annex 15-D (Programming Service" }, { "full-name": "Article 32.6. Cultural Industries", "description": "", "text": ">>3. With respect to Canadian goods, services, and content, the United States and Mexico may adopt or maintain a measure that, were it adopted or maintained by Canada, would have been inconsistent with this Agreement but for paragraph 2." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 32.2. Essential Security", "description": "", "text": ">>1. Nothing in this Agreement shall be construed to: \n>>>(a) require a Party to furnish or allow access to information the disclosure of which it determines to be contrary to its essential security interests; or [...]" }, { "full-name": "Article 32.2. Essential Security", "description": "", "text": ">>1. Nothing in this Agreement shall be construed to: [...] \n>>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 32.5. Indigenous Peoples Rights", "description": "", "text": ">>Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, services, and investment, this Agreement does not preclude a Party from adopting or maintaining a measure it deems necessary to fulfill its legal obligations to indigenous peoples.[^7] \n>>[^7]: For greater certainty, for Canada the legal obligations include those recognized and affirmed by section 35 of the Constitution Act 1982 or those set out in self-government agreements between a central or regional level of government and indigenous peoples." }, { "full-name": "Article 32.6. Cultural Industries", "description": "", "text": ">>1. For the purposes of this Article, \"cultural industry\" means a person engaged in activities such as the publication or sale of books, production or exhibition of recordings, or broadcasting services." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 17.17. Transfer of Information", "description": "", "text": ">>No Party shall prevent a covered person from transferring information, including personal information, into and out of the Party’s territory by electronic or other means when this activity is for the conduct of business within the scope of the license, authorization, or registration of that covered person." }, { "full-name": "Article 19.11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. No Party shall prohibit or restrict the cross-border transfer of information, including personal information, by electronic means if this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 17.17. Transfer of Information", "description": "", "text": ">>Nothing in this Article restricts the right of a Party to adopt or maintain measures to protect personal data, personal privacy and the confidentiality of individual records and accounts, provided that such measures are not used to circumvent this Article." }, { "full-name": "Article 19.11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. This Article does not prevent a Party from adopting or maintaining a measure inconsistent with paragraph 1 that is necessary to achieve a legitimate public policy objective, provided that the measure: >>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and >>>(b) does not impose restrictions on transfers of information greater than are necessary to achieve the objective.[^5] \n[^5]: A measure does not meet the conditions of this paragraph if it accords different treatment to data transfers solely on the basis that they are cross-border in a manner that modifies the conditions of competition to the detriment of service suppliers of another Party." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 19.11. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. No Party shall prohibit or restrict the cross-border transfer of information, including personal information, by electronic means if this activity is for the conduct of the business of a covered person." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 17.17. Transfer of Information", "description": "", "text": ">>Nothing in this Article restricts the right of a Party to adopt or maintain measures to protect personal data, personal privacy and the confidentiality of individual records and accounts, provided that such measures are not used to circumvent this Article." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 19.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. No Party shall accord less favorable treatment to a digital product created, produced, published, contracted for, commissioned, or first made available on commercial terms in the territory of another Party, or to a digital product of which the author, performer, producer, developer, or owner is a person of another Party, than it accords to other like digital products. [^3] \n>>[^3]: For greater certainty, to the extent that a digital product of a non-Party is a 'like digital product', it will qualify as an 'other like digital product' for the purposes of Article 19.4.1 (Non-Discriminatory Treatment of Digital Products)." }, { "full-name": "Article 19.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. This Article does not apply to a subsidy or grant provided by a Party, including a government-supported loan, guarantee, or insurance." } ] }, "ogd_provisions": { "applicable": true, "details": [ { "full-name": "Article 19.18. Open Government Data", "description": "", "text": ">>1. The Parties recognize that facilitating public access to and use of government information fosters economic and social development, competitiveness, and innovation." }, { "full-name": "Article 19.18. Open Government Data", "description": "", "text": ">>2. To the extent that a Party chooses to make government information, including data, available to the public, it shall endeavor to ensure that the information is in a machine-readable and open format and can be searched, retrieved, used, reused, and redistributed." }, { "full-name": "Article 19.18. Open Government Data", "description": "", "text": ">>3. The Parties shall endeavor to cooperate to identify ways in which each Party can expand access to and use of government information, including data, that the Party has made public, with a view to enhancing and generating business opportunities, especially for SMEs." }, { "full-name": "Article 19.18. Open Government Data", "description": "", "text": ">>4. Cooperation under this Article may include activities such as: \n>>>(a) jointly identifying sectors where open data sets, particularly those with global value, can be used to facilitate technology transfer, talent formation and innovation, among other things; \n>>>(b) encouraging the development of new products and services based on open data sets; and \n>>>(c) fostering the use and develop open data licensing models in the form of standardised public licences available online, which will allow open data to be freely accessed, used, modified and shared by anyone for any purpose permitted by the Parties’ respective laws and regulations, and which rely on open data formats." } ] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 19.16. Source Code", "description": "", "text": ">>1. No Party shall require the transfer of, or access to, a source code of software owned by a person of another Party, or to an algorithm expressed in that source code, as a condition for the import, distribution, sale or use of that software, or of products containing that software, in its territory." }, { "full-name": "Article 19.16. Source Code", "description": "", "text": ">>2. This Article does not preclude a regulatory body or judicial authority of a Party from requiring a person of another Party to preserve and make available the source code of software, or an algorithm expressed in that source code, to the regulatory body for a specific investigation, inspection, examination, enforcement action, or judicial proceeding, subject to safeguards against unauthorized disclosure.[^6] \n>>[^6]: This disclosure shall not be construed to negatively affect the software source code's status as a trade secret, if such status is claimed by the trade secret owner." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Free Trade Agreement between the Republic of Chile and the Federative Republic of Brazil", "short-name": "CHL-BRA (2020)", "description": "The FTA's e-commerce chapter includes data localisation and cross-border flow commitments with public policy exceptions, customs duties prohibition, computing facilities and non-discrimination provisions, alongside general and security exceptions and a traditional-knowledge exception allowing measures to respect, preserve and promote traditional cultural expressions.", "date-signed": "2018-11-21", "date-effective": "2022-01-25", "parties": [ { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "Brazil", "country-code": "BRA" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.3. Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions between a person of one Party and a person of the other Party." }, { "full-name": "Article 10.3. Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on electronically transmitted content, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.13. Location of Computer Facilities", "description": "", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements relating to the use of computer facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 10.13. Location of Computer Facilities", "description": "", "text": ">>2. A Party may not require a person of the other Party to use or locate computer facilities in the territory of that Party as a condition of doing business in that territory." }, { "full-name": "Article 10.13. Location of Computer Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 23.1. General exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade Facilitation), Chapter 4 (Sanitary and Phytosanitary Measures) and Chapter 5 (Technical Barriers to Trade), Article XX of the GATT 1994 and its interpretative notes are incorporated into this Agreement and form part of it, mutatis mutandis." }, { "full-name": "Article 23.1. General exceptions", "description": "", "text": ">>2. For the purposes of this Agreement, the Parties understand that the measures referred to in Article XX (b) of the GATT 1994 include environmental measures necessary to protect human, animal or plant life or health and that Article XX (g) of the GATT 1994 it is applied to measures related to the conservation of non-renewable natural resources." }, { "full-name": "Article 23.1. General exceptions", "description": "", "text": ">>3. For the purposes of Chapter 6 (Cross-Border Trade in Services), Chapter 7 (Temporary Entry of Business Persons), Chapter 10 (Electronic Commerce) and Chapter 11 (Telecommunications), paragraphs (a), (b) and (c) of Article XIV of the GATS are incorporated into this Agreement and form part of it, mutatis mutandis. [...]" }, { "full-name": "Article 23.1. General exceptions", "description": "", "text": ">>3. [...] The Parties understand that the measures referred to in Article XIV (b) of the GATS include necessary environmental measures to protect human, animal or plant life or health." }, { "full-name": "Article 23.1. General exceptions", "description": "", "text": ">>4. Nothing in this Agreement shall be construed as preventing a Party from adopt a measure, including maintaining or increasing a customs tariff, that is authorized by the Dispute Settlement Body of the WTO or that is taken as a result of a decision by a dispute settlement panel under a free trade agreement trade in respect of which the Party adopting the measure and the Party against which the measure are part." }, { "full-name": "Article 23.1. General exceptions", "description": "", "text": ">>5. Nothing in this Agreement shall be construed as obligating a Party to provide or allow access to information whose disclosure would be contrary to its legal order or could prevent the application of the law, or that would otherwise be contrary to the public interest or that could prejudice the legitimate commercial interests of certain companies, public or private." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 23.2. Security exceptions", "description": "", "text": ">>1. For the purposes of this Agreement, Articles XXI of the GATT 1994 and XIV bis of the GATS they are incorporated and are part of it, mutatis mutandis." }, { "full-name": "Article 23.2. Security exceptions", "description": "", "text": " >>2. Nothing in this Agreement shall be construed as: \n>>>(a) Require a Party to provide or allow access to any information whose disclosure it considers contrary to their essential security interests, or [...]" }, { "full-name": "Article 23.2. Security exceptions", "description": "", "text": ">>2. Nothing in this Agreement shall be construed as: [...] \n>>>(b) Prevent a Party from applying measures it deems necessary for the compliance with its obligations with respect to the maintenance or restoration of peace or international security or for the protection of their own essential interests security." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 23.1. General exceptions", "description": "", "text": ">>6. Subject to the international obligations of each Party, each Party may establish appropriate measures to respect, preserve and promote traditional knowledge and traditional cultural expressions." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 10.12. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 10.12. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 10.12. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to pursue a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 10.12. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements on the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 10.4. Principle of Non-Discrimination", "description": "", "text": ">>The Parties recognize that there is an important debate in international fora, such as the WTO, on the application of non-discriminatory treatment in trade conducted by electronic means. Accordingly, the Parties undertake to jointly evaluate the results of the discussions in these international fora in order to decide on the eventual incorporation into this Chapter of rules on non-discrimination of electronically transmitted content." } ] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Free Trade Agreement between the European Union and the Republic of Singapore", "short-name": "EU-SGP (2019)", "description": "A pre-horizontal-model EU agreement with limited data provisions: a customs duties prohibition and computing-facilities commitments in financial services with a financial-data protection qualifier, under general and security exceptions; it lacks the comprehensive data flow disciplines of later EU agreements.", "date-signed": "2018-10-19", "date-effective": "2019-11-21", "parties": [ { "country-name": "European Union", "country-code": "EU" }, { "country-name": "Singapore", "country-code": "SGP" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.58. Customs Duties", "description": "EU and Singapore agreed not to impose customs duties on electronic transmissions.", "text": "The Parties shall not impose customs duties on electronic transmissions." } ] }, "cl_provisions": { "applicable": false, "details": [] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: \n>>>(a) necessary to protect public security or public morals or to maintain public order[^1]; [...] \n>>[^1]: The public order exception may be invoked only where a genuine and sufficiently serious threat is posed to one of the fundamental interests of society." }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(b) necessary to protect human, animal or plant life or health; [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(c) relating to the conservation of exhaustible natural resources if such measures are applied in conjunction with restrictions on domestic entrepreneurs or on the domestic supply or consumption of services; [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(d) necessary for the protection of national treasures of artistic, historic or archaeological value; [...]" }, { "full-name": "Article 8.62. General Exceptions", "description": "", "text": ">>Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination against the other Party where like conditions prevail, or a disguised restriction on establishment or cross-border supply of services, nothing in this Chapter shall be construed to prevent the adoption or enforcement by a Party of measures: [...] \n>>>(e) necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Chapter, including those relating to: \n>>>>(i) the prevention of deceptive and fraudulent practices or to deal with the effects of a default on contracts; \n>>>>(ii) the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts; or \n>>>>(iii) safety; or [...]" } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": "Nothing in this Agreement shall be construed to: \n>>(a) require a Party to furnish any information, the disclosure of which it considers contrary to its essential security interests; [...]" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": "Nothing in this Agreement shall be construed to: [...] \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>(i) connected with the production of or trade in arms, munitions and war materials, and related to traffic in other goods and materials and to economic activities carried out directly or indirectly for the purpose of provisioning a military establishment; [...]" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": "Nothing in this Agreement shall be construed to: [...] \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>(ii) relating to the supply of services as carried out directly or indirectly for the purpose of provisioning a military establishment; [...]" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": "Nothing in this Agreement shall be construed to: [...] \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>(iii) relating to fissionable or fusionable materials, or to the materials from which they are derived; or [...]" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": "Nothing in this Agreement shall be construed to: [...] \n>>(b) prevent a Party from taking any action which it considers necessary for the protection of its essential security interests: \n>>>(iv) taken in time of war or other emergency in international relations, or to protect critical public infrastructure (this relates to communications, power or water infrastructure providing essential goods or services to the general public) from deliberate attempts to disable or disrupt it; [...]" }, { "full-name": "Article 4.5. Security Exceptions", "description": "", "text": "Nothing in this Agreement shall be construed to: [...] \n>>(c) prevent a Party from taking any action for the purpose of maintaining international peace and security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 8.54. Data Processing", "description": "EU and Singapore permit financial service suppliers to transfer information across borders for processing.", "text": "1. Each Party shall permit a financial service supplier of the other Party to transfer information in electronic or other form, into and out of its territory, for data processing, where such processing is required in the ordinary course of business of such financial service supplier." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 8.54. Data Processing", "description": "EU and Singapore require safeguards to protect privacy and personal data.", "text": "2. Each Party shall adopt or maintain appropriate safeguards to protect privacy and personal data, including individual records and accounts.", "$comment": "This provision contextually addresses financial services sector." } ] }, "PublicPolicyException": { "applicable": false, "details": [] }, "EssentialSecurityInterests": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "No article-specific essential security exception. But see `SecurityExceptions` in `db_exceptions`." } ] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": false, "details": [] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Comprehensive and Progressive Agreement for Trans-Pacific Partnership", "short-name": "CPTPP (2018)", "description": "The benchmark for hard digital trade disciplines: binding cross-border data flow and localisation prohibitions qualified by a necessity-tested public policy exception, customs duties prohibition, computing facilities, cryptography, source code protections and non-discrimination of digital products, with general, security and Treaty of Waitangi exceptions.", "date-signed": "2018-03-08", "date-effective": "2018-12-30", "parties": [ { "country-name": "Australia", "country-code": "AUS" }, { "country-name": "Brunei Darussalam", "country-code": "BRN" }, { "country-name": "Canada", "country-code": "CAN" }, { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "Japan", "country-code": "JPN" }, { "country-name": "Malaysia", "country-code": "MYS" }, { "country-name": "Mexico", "country-code": "MEX" }, { "country-name": "New Zealand", "country-code": "NZL" }, { "country-name": "Peru", "country-code": "PER" }, { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "United Kingdom", "country-code": "GBR" }, { "country-name": "Viet Nam", "country-code": "VNM" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Cryptographic Key Localisation", "provision-code": "cr_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.3: Customs Duties", "description": "", "text": ">>1. No Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of one Party and a person of another Party." }, { "full-name": "Article 14.3: Customs Duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.13: Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 14.13: Location of Computing Facilities", "description": "", "text": ">>2. No Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory." }, { "full-name": "Article 14.13: Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: \n>>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and \n>>>(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective." } ] }, "cr_provisions": { "applicable": true, "details": [ { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>1. This section shall apply to information and communication technology (ICT) products that use cryptography. \n>>4. Paragraph 3 shall not apply to: >>>(a) requirements that a Party adopts or maintains relating to access to networks that are owned or controlled by the government of that Party, including those of central banks; or >>>(b) measures taken by a Party pursuant to supervisory, investigatory or examination authority relating to financial institutions or markets. \n>>5. For greater certainty, this Section shall not be construed to prevent a Party’s law enforcement authorities from requiring service suppliers using encryption they control to provide, pursuant to that Party’s legal procedures, unencrypted communications." }, { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>2. For the purposes of this section: >>>cryptography means the principles, means or methods for the transformation of data in order to hide its information content, prevent its undetected modification or prevent its unauthorised use; >>>encryption means the conversion of data (plaintext) into a form that cannot be easily understood without subsequent re-conversion (ciphertext) through the use of a cryptographic algorithm; >>>cryptographic algorithm or cipher means a mathematical procedure or formula for combining a key with plaintext to create a ciphertext; and >>>key means a parameter used in conjunction with a cryptographic algorithm that determines its operation in such a way that an entity with knowledge of the key can reproduce or reverse the operation, while an entity without knowledge of the key cannot." }, { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: \n>>>(a) transfer or provide access to a particular technology, production process or other information, for example, a private key or other secret parameter, algorithm specification or other design detail, that is proprietary to the manufacturer or supplier and relates to the cryptography in the product, to the Party or a person in the Party’s territory; [...]" }, { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: [...]\n>>>(b) partner with a person in its territory; or [...]" }, { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>3. With respect to a product that uses cryptography and is designed for commercial applications, no Party shall impose or maintain a technical regulation or conformity assessment procedure that requires a manufacturer or supplier of the product, as a condition of the manufacture, sale, distribution, import or use of the product, to: [...] \n>>>(c) use or integrate a particular cryptographic algorithm or cipher, other than where the manufacture, sale, distribution, import or use of the product is by or for the government of the Party." }, { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>4. Paragraph 3 shall not apply to: \n>>>(a) requirements that a Party adopts or maintains relating to access to networks that are owned or controlled by the government of that Party, including those of central banks; or [...]" }, { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>4. Paragraph 3 shall not apply to: [...] \n>>>(b) measures taken by a Party pursuant to supervisory, investigatory or examination authority relating to financial institutions or markets." }, { "full-name": "Section A: Information and Communication Technology (ICT) Products that Use Cryptography", "description": "", "text": ">>5. For greater certainty, this Section shall not be construed to prevent a Party’s law enforcement authorities from requiring service suppliers using encryption they control to provide, pursuant to that Party’s legal procedures, unencrypted communications." } ] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 29.1: General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Textile and Apparel Goods), Chapter 5 (Customs Administration and Trade Facilitation), Chapter 7 (Sanitary and Phytosanitary Measures), Chapter 8 (Technical Barriers to Trade) and Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.[^1] \n>>[^1] For the purposes of Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase, production or sale of goods, or affecting activities the end result of which is the production of goods." }, { "full-name": "Article 29.1: General Exceptions", "description": "", "text": ">>2. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 29.1: General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 10 (Cross-Border Trade in Services), Chapter 12 (Temporary Entry for Business Persons), Chapter 13 (Telecommunications), Chapter 14 (Electronic Commerce)[^2] and Chapter 17 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis.[^3] The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health. \n>>[^2]: This paragraph is without prejudice to whether a digital product should be classified as a good or service. \n>>[^3]: For the purposes of Chapter 17 (State-Owned Enterprises and Designated Monopolies), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase or supply of services, or affecting activities the end result of which is the supply of services." }, { "full-name": "Article 29.1: General Exceptions", "description": "", "text": ">>4. Nothing in this Agreement shall be construed to prevent a Party from taking action, including maintaining or increasing a customs duty, that is authorized by the Dispute Settlement Body of the WTO or is taken as a result of a decision by a dispute settlement panel under a free trade agreement to which the Party taking action and the Party against which the action is taken are party." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 29.2: Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: \n>>>(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or [...]" }, { "full-name": "Article 29.2: Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: [...] \n>>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Article 29.6: Treaty of Waitangi", "description": "", "text": ">>1. Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi." }, { "full-name": "Article 29.6: Treaty of Waitangi", "description": "", "text": ">>2. The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 28 (Dispute Settlement) shall otherwise apply to this Article. A panel established under Article 28.7 (Establishment of a Panel) may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party’s rights under this Agreement." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 14.11: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 14.11: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: >>>(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and >>>(b) does not impose restrictions on transfers of information greater than are required to achieve the objective." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 14.11: Cross-Border Transfer of Information by Electronic Means", "description": "[[#necessity test]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not [...] or [...]." }, { "full-name": "Article 14.11: Cross-Border Transfer of Information by Electronic Means", "description": "[[#arbitrary discrimination]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination [...]." }, { "full-name": "Article 14.11: Cross-Border Transfer of Information by Electronic Means", "description": "[[#disguised restriction]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not [...] a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 14.11: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.4: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another Party, or to digital products of which the author, performer, producer, developer or owner is a person of another Party, than it accords to other like digital products.[^4] \n>>[^4]: For greater certainty, to the extent that a digital product of a non-Party is a “like digital product”, it will qualify as an “other like digital product” for the purposes of this paragraph." }, { "full-name": "Article 14.4: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in Chapter 18 (Intellectual Property)." }, { "full-name": "Article 14.4: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance." }, { "full-name": "Article 14.4: Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>4. This Article shall not apply to broadcasting." } ] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 14.17: Source Code", "description": "", "text": ">>1. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory." }, { "full-name": "Article 14.17: Source Code", "description": "", "text": ">>2. For the purposes of this Article, software subject to paragraph 1 is limited to mass-market software or products containing such software and does not include software used for critical infrastructure." }, { "full-name": "Article 14.17: Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude: \n>>>(a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or [...]" }, { "full-name": "Article 14.17: Source Code", "description": "", "text": ">>3. Nothing in this Article shall preclude: [...] \n>>>(b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement." }, { "full-name": "Article 14.17: Source Code", "description": "", "text": ">>4. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Peru-Australia Free Trade Agreement", "short-name": "PER-AUS (2020)", "description": "PAFTA replicates CPTPP-style digital disciplines bilaterally: hard data flow and localisation commitments with a public policy exception, customs duties prohibition, computing facilities, source code and non-discrimination provisions, with general, security and Indigenous-related exceptions.", "date-signed": "2018-02-12", "date-effective": "2020-02-11", "parties": [ { "country-name": "Australia", "country-code": "AUS" }, { "country-name": "Peru", "country-code": "PER" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.3. Customs duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of a Party and a person of the other Party." }, { "full-name": "Article 13.3. Customs duties", "description": "", "text": ">>2. For greater certainty, paragraph 1 shall not preclude a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.12. Location of computing facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 13.12. Location of computing facilities", "description": "", "text": ">>2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory." }, { "full-name": "Article 13.12. Location of computing facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 28.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (National Treatment and Market Access for Goods), Chapter 3 (Rules of Origin and Origin Procedures), Chapter 4 (Customs Administration and Trade Facilitation), Chapter 6 (Sanitary and Phytosanitary Measures), Chapter 7 (Technical Barriers to Trade) and Chapter 16 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis.[^1] \n>>[^1]: For the purposes of Chapter 16 (State-Owned Enterprises and Designated Monopolies), Article XX of GATT 1994 and its interpretative notes are incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase, production or sale of goods, or affecting activities the end result of which is the production of goods." }, { "full-name": "Article 28.1. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 9 (Cross-Border Trade in Services), Chapter 11 (Temporary Entry for Business Persons), Chapter 12 (Telecommunications), Chapter 13 (Electronic Commerce)[^2] and Chapter 16 (State-Owned Enterprises and Designated Monopolies), paragraphs (a), (b) and (c) of Article XIV of GATS are incorporated into and made part of this Agreement, mutatis mutandis.[^3] The Parties understand that the measures referred to in Article XIV(b) of GATS include environmental measures necessary to protect human, animal or plant life or health. \n>>[^2]: This paragraph is without prejudice to whether a digital product should be classified as a good or service. \n>>[^3]: For the purposes of Chapter 16 (State-Owned Enterprises and Designated Monopolies), Article XIV of GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis, only with respect to measures of a Party (including the implementation of measures through the activities of a state-owned enterprise or designated monopoly) affecting the purchase or supply of services, or affecting activities the end result of which is the supply of services." }, { "full-name": "Article 28.1. General Exceptions", "description": "", "text": ">>4. Nothing in this Agreement shall be construed to prevent a Party from taking action, including maintaining or increasing a customs duty, that is authorised by the Dispute Settlement Body of the WTO or is taken as a result of a decision by a dispute settlement panel under a free trade agreement to which both Parties are party." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 28.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: \n>>>(a) require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or [...]" }, { "full-name": "Article 28.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to: [...] \n>>>(b) preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": true, "details": [ { "full-name": "Annex II. Schedule of Australia", "description": "", "text": ">>Australia reserves the right to adopt or maintain any measure according preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation in relation to acquisition, establishment or operation of any commercial or industrial undertaking in the service sector. \n>>Australia reserves the right to adopt or maintain any measure with respect to investment that accords preferences to any Indigenous person or organisation or providing for the favourable treatment of any Indigenous person or organisation. \n>>For the purpose of this entry, an Indigenous person means a person of the Aboriginal and Torres Strait Islander peoples.", "$comment": ">>Obligations Concerned: National Treatment (Article 8.4 and Article 9.3) Performance Requirements (Article 8.10) Senior Management and Boards of Directors (Article 8.11) Market Access (Article 9.5) Local Presence (Article 9.6); \n>>Existing Measures: Legislation and ministerial statements at all levels of government including Australia's foreign investment policy, and the Native Title Act 1993 (Cth)." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-border transfer of information by electronic means", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-border transfer of information by electronic means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-border transfer of information by electronic means", "description": "[[#necessity test]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not [...] or [...]." }, { "full-name": "Article 13.11. Cross-border transfer of information by electronic means", "description": "[[#arbitrary discrimination]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination [...]." }, { "full-name": "Article 13.11. Cross-border transfer of information by electronic means", "description": "[[#disguised restriction]]", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not [...] a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 13.11. Cross-border transfer of information by electronic means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.4. Non-discriminatory treatment of digital products", "description": "", "text": ">>1. Neither Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party than it accords to other like digital products[^4]. \n>>[^4]: For greater certainty, to the extent that a digital product of a non-Party is a 'like digital product', it will qualify as an 'other like digital product' for the purposes of this paragraph." }, { "full-name": "Article 13.4. Non-discriminatory treatment of digital products", "description": "", "text": ">>2. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in Chapter 17 (Intellectual Property)." }, { "full-name": "Article 13.4. Non-discriminatory treatment of digital products", "description": "", "text": ">>3. This Article shall not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance." }, { "full-name": "Article 13.4. Non-discriminatory treatment of digital products", "description": "", "text": ">>4. This Article shall not apply to broadcasting." } ] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 13.16. Source code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party, as a condition for the import, distribution, sale or use of that software, or of products containing that software, in its territory." }, { "full-name": "Article 13.16. Source code", "description": "", "text": ">>2. For the purposes of this Article, software subject to paragraph 1 is limited to mass- market software or products containing such software and does not include software used for critical infrastructure." }, { "full-name": "Article 13.16. Source code", "description": "", "text": ">>3. Nothing in this Article shall preclude: >>>(a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or [...]" }, { "full-name": "Article 13.16. Source code", "description": "", "text": ">>3. Nothing in this Article shall preclude: [...] \n>>>(b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement." }, { "full-name": "Article 13.16. Source code", "description": "", "text": ">>>4. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Free Trade Agreement between the Government of the Democratic Socialist Republic of Sri Lanka and the Government of the Republic of Singapore", "short-name": "LKA-SGP (2018)", "description": "The FTA's e-commerce chapter includes data localisation and cross-border flow commitments with public policy exceptions, customs duties prohibition, computing facilities and non-discrimination provisions, under general and security exceptions.", "date-signed": "2018-01-23", "date-effective": "2018-05-01", "parties": [ { "country-name": "Singapore", "country-code": "SGP" }, { "country-name": "Sri Lanka", "country-code": "LKA" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.3. Customs Duties", "description": "", "text": ">>1. Each Party shall maintain its practice of not imposing customs duties on electronic transmissions between the Parties, consistent with paragraph 3 of the WTO Ministerial Decision of 13 December 2017 in relation to the Work Programme on Electronic Commerce (WT/MIN(17)/W/6) as well as future WTO Ministerial Decisions which continue the non-imposition of custom duties on electronic transmissions." }, { "full-name": "Article 9.3. Customs Duties", "description": "", "text": ">>2. Each Party reserves the right to adjust its practice referred to in paragraph 1 of this Article in accordance with any future WTO Ministerial Decisions in relation to the Work Programme on Electronic Commerce." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.10. Location of Computing Facilities", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 9.10. Location of Computing Facilities", "description": "", "text": ">>2. No Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory." }, { "full-name": "Article 9.10. Location of Computing Facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 17.7. General Exceptions", "description": "", "text": ">>1. Article XX of the GATT 1994 and its interpretive notes are incorporated into and made part of this Agreement, mutatis mutandis, for the purposes of: \n>>>(a) Chapter 2 (National Treatment and Market Access for Goods), Protocol 1 (Concerning the Definition of the Concept of “Originating Products” and Methods of Administrative Co-operation), Chapter 3 (Trade Remedies), Chapter 4 (Sanitary and Phytosanitary Measures), Chapter 5 (Technical Barriers to Trade), Chapter 6 (Customs Procedures and Trade Facilitation); and \n>>>(b) Chapter 9 (Electronic Commerce) and Annex 7-C (Financial Services), except to the extent that a provision of these Chapters applies to services or investment. \n>>The Parties understand that the measures referred to in Article XX(b) of the GATT 1994 include environmental measures necessary to protect human, animal, or plant life or health, and that Article XX(g) of the GATT 1994 applies to measures relating to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 17.7. General Exceptions", "description": "", "text": ">>2. Article XIV of the GATS (including its footnotes) is incorporated into and made part of this Agreement, mutatis mutandis, for the purposes of: \n>>>(a) Chapter 7 (Trade in Services), Chapter 8 (Telecommunications) and Annex 7- C (Financial Services); and \n>>>(b) Chapter 9 (Electronic Commerce) to the extent that a provision of this Chapter applies to services. \n>>The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal, or plant life or health." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 17.8. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(a) to require a Party to furnish or allow access to any information the disclosure of which it determines to be contrary to its essential security interests; or [...]" }, { "full-name": "Article 17.8. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed: \n>>>(b) to preclude a Party from applying measures that it considers necessary for the fulfilment of its obligations with respect to the maintenance or restoration of international peace or security, or the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 9.9. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 9.9. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 9.9. Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>1. No Party may accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of the other Party than it accords to other like digital products. [^2] \n>>[^2]: For greater certainty, to the extent that a digital product of a non-Party is a 'like digital product', it will qualify as an 'other like digital product' for the purposes of this paragraph." }, { "full-name": "Article 9.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>2. The Parties understand that this Article does not apply to subsidies or grants provided by a Party including government-supported loans, guarantees and insurance." }, { "full-name": "Article 9.4. Non-Discriminatory Treatment of Digital Products", "description": "", "text": ">>3. This Article does not apply to any measure affecting broadcasting." } ] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Trade Agreement between the Argentine Republic and the Republic of Chile", "short-name": "ARG-CHL (2018)", "description": "The FTA's e-commerce chapter takes an unusually detailed approach to data flows for its time, covering facilitation, review, no-prior-authorisation, financial data and Indigenous data alongside localisation disciplines and public policy exceptions, with computing facilities provisions and general and security exceptions.", "date-signed": "2017-11-02", "date-effective": "2019-05-01", "parties": [ { "country-name": "Argentina", "country-code": "ARG" }, { "country-name": "Chile", "country-code": "CHL" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 11.7. Location of computer facilities", "description": "Argentina and Chile have agreed that they will not require a person of the other Party to use or locate computer facilities in their territory as a condition of doing business in that territory.", "text": ">>1. The Parties recognize the importance of not requiring a person of the other Party to use or locate computer facilities in the territory of that Party as a condition of doing business in that territory." }, { "full-name": "Article 11.7. Location of computer facilities", "description": "Argentina and Chile have agreed that they will exchange information on best practices, experiences, and existing regulatory frameworks regarding server localization.", "text": ">>2. To this end, the Parties undertake to exchange best practices, experiences and existing regulatory frameworks with respect to server localization." } ] }, "cd_provisions": { "applicable": false, "details": [] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "applicable": true, "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 19.1. General exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade Facilitation), Chapter 4 (Sanitary and Phytosanitary Measures) and Chapter 5 (Technical Barriers to Trade), Article XX of GATT 1994 and its interpretative notes are incorporated into and form part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XX(b) of GATT 1994 include environmental measures necessary to protect human, animal or plant life or health, and that Article XX(g) of GATT 1994 applies to measures relating to the conservation of exhaustible natural resources, whether living or non-living." }, { "full-name": "Article 19.1. General exceptions", "description": "[[#GATS applicability]], [[#necessary test]] Argentina and Chile have agreed that the GATS general exceptions apply to trade in services and electronic commerce. The Parties have also agreed that necessity test applies to environmental measures necessary to protect human, animal or plant life or health.", "text": ">>2. For the purposes of Chapter 9 (Trade in Services) and Chapter 11 (Electronic Commerce) (1), paragraphs (a), (b) and (c) of Article XIV of the GATS are incorporated into and made part of this Agreement, mutatis mutandis. The Parties understand that the measures referred to in Article XIV(b) of the GATS include environmental measures necessary to protect human, animal or plant life or health." }, { "full-name": "Article 19.1. General exceptions", "description": "", "text": ">>3. Nothing in this Agreement shall be construed to prevent a Party from adopting a measure, including maintaining or increasing a customs duty, that is authorized by the WTO Dispute Settlement Body or that is taken as a result of a ruling by a dispute settlement panel under a free trade agreement to which the Party adopting the measure and the Party against which the measure is taken are parties.\n>>(1) This paragraph does not prejudge whether digital products should be classified as a good or service." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 19.2. Security Exceptions", "description": "", "text": ">>Nothing in this Agreement shall be construed to mean:\n>>>(a) Require a Party to provide or permit access to any information the disclosure of which it considers contrary to its essential security interests, or [...]" }, { "full-name": "Article 19.2. Security Exceptions", "description": "", "text": "Nothing in this Agreement shall be construed to mean: [...], or\n>>>(b) Prevent a Party from applying measures it considers necessary for the fulfillment of its obligations with respect to the maintenance or restoration of international peace or security, or for the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": false, "details": [ { "full-name": "", "description": "", "text": "", "$comment": "The Agreement does not include provisions on indigenous data or traditional knowledge." } ] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 11.6. Cross-border transfer of information by electronic means", "description": "", "text": ">>2. Each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party (2).\n>>(2) For greater certainty, this paragraph shall be subject to compliance with the provisions of Article 11.5.7." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": true, "details": [ { "full-name": "Article 11.9. Cooperation", "description": "Parties agree to collaborate and share best practices on electronic commerce.", "text": ">>Recognizing the global nature of electronic commerce, the Parties affirm the importance of:\n[...] >>>(b) Share information and experiences on laws, regulations, and programs in the sphere of electronic commerce, including those related to personal information protection, consumer protection, security in electronic communications, authentication, intellectual property rights, and e-government; [...]" } ] }, "ReviewAndAssessment": { "applicable": true, "details": [ { "full-name": "Article 11.11. Chapter Administration", "description": "Commitment to work together using various means to achieve the chapter's objectives.", "text": ">>The Parties shall work together to achieve the objectives of this Chapter through various means, such as information and communication technologies, face-to-face meetings, or working groups with experts in accordance with Article 16.2(b) (Functions of the Commission)" } ] }, "NoPriorAuthorisation": { "applicable": true, "details": [ { "full-name": "Article 11.6. Cross-border transfer of information by electronic means", "description": "Cross-border transfers permitted for business activities without a prior authorisation requirement.", "text": ">>2. Each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party." } ] }, "FinancialDataProtection": { "applicable": true, "details": [ { "full-name": "Article 8.12. Transfers", "description": "Transfers may be prevented to enforce financial reporting or record retention laws.", "text": ">>6. Without prejudice to paragraphs 1, 2 and 3 of this Article, a Party may prevent a transfer through the equitable, non-discriminatory and good faith application of its laws relating to: \n(e) Financial reporting or retention of transfer records when necessary to assist law enforcement or financial regulatory authorities." } ] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 11.6. Cross-border transfer of information by electronic means", "description": "Transfer restrictions allowed to achieve legitimate public policy objectives.", "text": ">>3. The Parties may establish restrictions on the cross-border transfer of information by electronic means to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 11.6. Cross-border transfer of information by electronic means", "description": "Any restrictions on data transfer must not be arbitrary or unjustifiable discrimination or a disguised restriction on trade.", "text": ">>3. The Parties may establish restrictions on the cross-border transfer of information by electronic means to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 11.6. Cross-border transfer of information by electronic means", "description": "Allows cross-border transfers of information with certain public policy restrictions.", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements on the transfer of information by electronic means." }, { "full-name": "Article 11.2. Scope of Application and General Provisions", "description": "Argentina and Chile have agreed that they can set their own rules for transferring data electronically. However, these rules are subject to requirements of non-discrimnation against electronic trade, transparency, and in accordance with standards for data protection.", "text": ">>7. The Parties recognize the importance of avoiding unnecessary barriers to trade conducted by electronic means, including trade in digital products. Taking into account its domestic policy objectives, each Party shall endeavor to: \n>>>(a) Avoid measures that hinder commerce conducted by electronic means; \n>>>(b) Avoid measures that have the effect of treating trade conducted by electronic means more restrictively than trade conducted by other means, and \n>>>(c) Promote transparency in relation to the legal framework for electronic transactions. \n(1) For greater certainty, the Parties shall understand for greater certainty that the collection, processing and storage of personal data shall be carried out following the general principles of prior consent, legitimacy, purpose, proportionality, quality, security, accountability and information." } ] }, "IndigenousData": { "applicable": true, "details": [ { "full-name": "Annex 8.11 - Future Non-Conforming Measures", "description": "Reservation allowing rights or preferences for indigenous peoples.", "text": ">>Pursuant to Article 8.11 (Nonconforming Measures), Argentina reserves the right to adopt or maintain any measure not in conformity with the obligations set forth below with respect to the following sectors, subsectors or activities: \n>>>5. Granting rights or preferences to indigenous peoples; when the measure is inconsistent with Article 8.5 (National Treatment), Article 8.6 (Most-Favored-Nation Treatment) or Article 8.10 (Senior Management and Boards of Directors)." } ] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Acuerdo de Libre Comercio entre la República de Chile y la República Oriental del Uruguay", "short-name": "CHL-URY (2018)", "description": "The FTA's e-commerce chapter includes data localisation and cross-border flow commitments qualified by public policy exceptions, customs duties prohibition and computing facilities provisions, under general and security exceptions.", "date-signed": "2016-10-04", "date-effective": "2018-12-13", "parties": [ { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "Uruguay", "country-code": "URY" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.3. Customs Duties", "description": "", "text": ">>1. Neither Party shall impose customs duties on electronic transmissions, including electronically transmitted content, between a person of one Party and a person of another Party." }, { "full-name": "Article 8.3. Customs Duties", "description": "", "text": ">>2. Paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, fees or charges are imposed in a manner consistent with this Agreement." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 8.11. Location of computer facilities", "description": "", "text": ">>1. The Parties recognize that each Party may have its own regulatory requirements regarding the use of computer facilities, including requirements that seek to ensure the security and confidentiality of communications." }, { "full-name": "Article 8.11. Location of computer facilities", "description": "", "text": ">>2. A Party may not require a person of the other Party to use or locate computer facilities in the territory of that Party as a condition for doing business in that territory." }, { "full-name": "Article 8.11. Location of computer facilities", "description": "", "text": ">>3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 19.1. General Exceptions", "description": "", "text": ">>1. For the purposes of Chapter 2 (Trade in Goods), Chapter 3 (Trade Facilitation), Chapter 5 (Sanitary and Phytosanitary Measures) and Chapter 6 (Technical Barriers to Trade), Article XX of the GATT 1994 and its notes Interpretative statements are incorporated into and are part of this Agreement, mutatis mutandis." }, { "full-name": "Article 19.1. General Exceptions", "description": "", "text": ">>2. For the purposes of this Agreement, the Parties understand that the measures referred to in Article XX (b) of the GATT 1994 include measures in environmental matters necessary to protect human, animal or plant life or health, and that Article XX (g) of the GATT 1994 applies to measures related to the conservation of exhaustible natural resources." }, { "full-name": "Article 19.1. General Exceptions", "description": "", "text": ">>3. For the purposes of Chapter 7 (Cross-Border Trade in Services) and Chapter 8 (Electronic Commerce) [^1], paragraphs (a), (b) and (c) of Article XIV of the GATS are incorporated into this Agreement and form part of the same, mutatis mutandis . The Parties understand that the measures referred to in Article XIV (b) of the GATS include measures in environmental matters necessary to protect human, animal or plant life or health. \n>>[^1]: The present paragraph is without prejudice to whether digital products should be classified as a good or service." }, { "full-name": "Article 19.1. General Exceptions", "description": "", "text": ">>4. Nothing in this Agreement shall be construed as preventing a Party from adopting a measure, including maintaining or increasing a customs duty, that is authorized by the Dispute Settlement Body of the WTO or that is taken as the result of a decision by a dispute settlement panel under a free trade agreement to which the Party adopting the measure and the Party against which the measure is taken are parties." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 19.2. Security Exceptions", "description": "", "text": ">>1. For the purposes of this Agreement, Articles XXI of the GATT 1994 and XIV bis of the GATS are incorporated into and form part of it, mutatis mutandis." }, { "full-name": "Article 19.2. Security Exceptions", "description": "", "text": ">>2. Nothing in this Agreement shall be construed in the sense of: \n>>>(a) Require a Party to provide or allow access to any information the disclosure of which it considers contrary to its essential security interests; or [...]" }, { "full-name": "Article 19.2. Security Exceptions", "description": "", "text": ">>2. Nothing in this Agreement shall be construed in the sense of: [...] \n>>>(b) Prevent a Party from applying measures it deems necessary to fulfil its obligations with respect to the maintenance or restoration of international peace or security, or for the protection of its own essential security interests." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "Article 8.10. Cross-border transfer of information by electronic means", "description": "", "text": ">>1. Each Party shall permit the cross-border transfer of information by electronic means, including personal information, where this activity is for the conduct of the business of a person of a Party." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "Article 8.10. Cross-border transfer of information by electronic means", "description": "", "text": ">>2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade. [...]" } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": true, "details": [ { "full-name": "Article 8.10. Cross-border transfer of information by electronic means", "description": "[[#necessity test]]", "text": ">>2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 to achieve a legitimate public policy objective, provided that the measure is not [...] or [...]." }, { "full-name": "Article 8.10. Cross-border transfer of information by electronic means", "description": "[[#arbitrary discrimination]]", "text": ">>2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination [...]." }, { "full-name": "Article 8.10. Cross-border transfer of information by electronic means", "description": "[[#disguised restriction]]", "text": ">>2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 to achieve a legitimate public policy objective, provided that the measure is not [...] a disguised restriction on trade." } ] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "Article 8.10. Cross-border transfer of information by electronic means", "description": "", "text": ">>2. [...] The Parties recognize that each Party may have in its regulatory framework its own regulatory requirements for the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": false, "details": [] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Agreement between Japan and Mongolia for an Economic Partnership", "short-name": "JPN-MNG (2016)", "description": "An early digital trade chapter focused on enabling provisions: customs duties prohibition, computing facilities, source code protection and non-discrimination of digital products, under general and security exceptions, but without dedicated cross-border data flow disciplines.", "date-signed": "2015-02-10", "date-effective": "2016-06-07", "parties": [ { "country-name": "Japan", "country-code": "JPN" }, { "country-name": "Mongolia", "country-code": "MNG" } ], "agreement-type": "Bilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" }, { "provision-name": "Source Code Localisation", "provision-code": "sc_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.3. Customs Duties", "description": "", "text": ">>Each Party shall maintain its practice of not imposing customs duties on electronic transmissions between the Parties." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.10. Prohibition on Requirement Concerning the Location of Computing Facilities", "description": "", "text": ">>1. Neither Party shall require: (a) a service supplier of the other Party; (b) an investor of the other Party; or (c) an investment of an investor of the other Party in the Area of the former Party, as a condition for conducting its business in the Area of the former Party, to use or locate computing facilities in that Area." }, { "full-name": "Article 9.10. Prohibition on Requirement Concerning the Location of Computing Facilities", "description": "", "text": ">>2. Notwithstanding paragraph 1, nothing in this Article shall be construed to prevent a Party from adopting or maintaining measures affecting the use or location of computing facilities necessary to achieve a legitimate public policy objective, provided that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "Article 1.10. Exceptions", "description": "", "text": ">>1. For the purposes of this Agreement except Chapters 7, 8 and 12, Articles XX and XXI of the GATT 1994 are incorporated into and form part of this Agreement, mutatis mutandis. \n>>Note: For the purposes of this Article, it is understood that subparagraph (b) of Article XX of the GATT 1994 and subparagraph (b) of Article XIV of the GATS include environmental measures necessary to protect human, animal or plant life or health, and that subparagraph (g) of Article XX of the GATT 1994 applies to measures related to the conservation of living and non-living exhaustible natural resources." }, { "full-name": "Article 1.10. Exceptions", "description": "", "text": ">>2. For the purposes of Chapters 7, 8, 9 and 10, Articles XIV and XIV bis of the GATS are incorporated into and form part of this Agreement, mutatis mutandis." }, { "full-name": "Article 1.10. Exceptions", "description": "", "text": ">>3. The Parties may consult with each other on issues related to the situation where: >>>(a) the export earnings of a Party the economy of which depend on exports of a small number of primary commodities may be seriously reduced by a decline in the sales or the world prices of such commodities; or >>>(b) promoting the establishment of a particular industry of a Party may be required with a view to raising the general standard of living of its people." }, { "full-name": "Article 9.9. Domestic Regulation", "description": "", "text": "Each Party shall ensure that all its measures affecting electronic commerce are administered in a transparent, objective, reasonable and impartial manner, and are not more burdensome than necessary to meet legitimate policy objectives." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "Article 1.10. Exceptions", "description": "", "text": ">>1. For the purposes of this Agreement except Chapters 7, 8 and 12, Articles XX and XXI of the GATT 1994 are incorporated into and form part of this Agreement, mutatis mutandis." }, { "full-name": "Article 1.10. Exceptions", "description": "", "text": ">>2. For the purposes of Chapters 7, 8, 9 and 10, Articles XIV and XIV bis of the GATS are incorporated into and form part of this Agreement, mutatis mutandis." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": false }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.4. Non-discriminatory Treatment of Digital Products", "description": "", "text": ">>1. Neither Party shall adopt or maintain: >>>(a) measures that accord less favorable treatment to digital products of the other Party than it accords to its own like digital products; and >>>(b) measures that accord less favorable treatment to digital products of the other Party than it accords to like digital products of a non-Party." }, { "full-name": "Article 9.4. Non-discriminatory Treatment of Digital Products", "description": "", "text": ">>2. Paragraph 1 shall not apply to: >>>(a) government procurement; >>>(b) subsidies provided by a Party or a state enterprise, including grants, government-supported loans, guarantees and insurance; >>>(c) measures maintained by a Party in accordance with paragraph 2 of Article 7.4; >>>(d) measures adopted or maintained by a Party within the scope of Article 7.3 or 7.5 which are: >>>>(i) related to the sectors not committed in its Schedule of Specific Commitments in Annex 6; or >>>>(ii) not inconsistent with the terms, limitations, conditions and qualifications agreed and specified in its Schedule of Specific Commitments in Annex 6; and >>>(e) non-conforming measures adopted or maintained by a Party in accordance with Article 10.8." }, { "full-name": "Article 9.4. Non-discriminatory Treatment of Digital Products", "description": "", "text": ">>3. In implementing its obligations under paragraph 1, each Party shall, where necessary, determine in good faith whether a digital product is a digital product of a Party, of the other Party or of a non-Party. Such determination shall be made in a transparent, objective, reasonable and fair manner." }, { "full-name": "Article 9.4. Non-discriminatory Treatment of Digital Products", "description": "", "text": ">>4. Each Party shall, upon request of the other Party, explain how it determines the origin of a digital product where it determines such origin in implementing its obligations under paragraph 1." }, { "full-name": "Article 9.4. Non-discriminatory Treatment of Digital Products", "description": "", "text": ">>5. The Parties shall cooperate in international organizations and fora to foster the development of criteria for the determination of the origin of a digital product, with a view to considering the incorporation of such criteria into this Agreement." } ] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": true, "details": [ { "full-name": "Article 9.11. Source Code", "description": "", "text": ">>1. Neither Party shall require the transfer of, or access to, source code of software owned by a person of the other Party, as a condition of the import, distribution, sale or use of such software, or of products containing such software, in its Area." }, { "full-name": "Article 9.11. Source Code", "description": "", "text": ">>2. For the purposes of this Article, software subject to paragraph 1 is limited to mass-market software or products containing such software, and does not include software used for critical infrastructure." } ] }, "ts_provisions": { "applicable": false, "details": [] } } ] }, { "treaty-name": "Additional Protocol to the Framework Agreement of the Pacific Alliance", "short-name": "Pacific Alliance (2015)", "description": "The Additional Protocol's e-commerce chapter is among the earliest in the dataset to address data, with cross-border flow and localisation commitments qualified by public policy exceptions, customs duties prohibition, computing facilities and non-discrimination provisions, under general and security exceptions.", "date-signed": "2014-02-10", "date-effective": "2016-05-01", "parties": [ { "country-name": "Chile", "country-code": "CHL" }, { "country-name": "Colombia", "country-code": "COL" }, { "country-name": "Mexico", "country-code": "MEX" }, { "country-name": "Peru", "country-code": "PER" } ], "agreement-type": "Plurilateral", "agreement-subtype": "Free Trade Agreement", "status": "In Force", "list-of-provisions": [ { "provision-name": "Customs Duties", "provision-code": "cd_provisions" }, { "provision-name": "Computing Facilities Localisation", "provision-code": "cl_provisions" }, { "provision-name": "Data Barriers Exceptions", "provision-code": "db_exceptions" }, { "provision-name": "Data Localisation", "provision-code": "dl_provisions" }, { "provision-name": "Non-Discrimination Trade", "provision-code": "ndt_provisions" } ], "provisions": [ { "ai_provisions": { "applicable": false, "details": [] }, "cd_provisions": { "applicable": true, "details": [ { "full-name": "ARTICULO 13.4: Derechos Aduaneros / ARTICLE 13.4: Customs Duties*", "description": "", "text": ">>1. Ninguna Parte podra aplicar derechos aduaneros, tasas o cargos a la importacion o exportacion por medios electronicos de productos digitales. \n>>Translation: 1. No Party may apply customs duties, taxes or charges to the import or export by electronic means of digital products." }, { "full-name": "ARTICULO 13.4: Derechos Aduaneros / ARTICLE 13.4: Customs Duties*", "description": "", "text": ">>2. Para mayor certeza, el presente Capitulo no impide que una Parte imponga impuestos internos u otras cargas internas sobre productos digitales transmitidos electronicamente, siempre que dichos impuestos o cargas no se impongan de una manera que sea incompatible con el presente Protocolo Adicional. \n>>Translation: 2. For greater certainty, this Chapter does not prevent a Party from imposing internal taxes or other internal charges on digitally transmitted products, provided that such taxes or charges are not imposed in a manner that is incompatible with this Additional Protocol." } ] }, "cl_provisions": { "applicable": true, "details": [ { "full-name": "ARTICULO 13.11 Bis: Uso y Localización de Instalaciones Informaticas / ARTICLE 13.11 Bis: Use and Location of Computer Facilities", "description": "", "text": ">>1. Ninguna Parte podra exigir a una persona cubierta usar o localizar instalaciones informaticas en el territorio de esa Parte, como condicion para el ejercicio de su actividad de negocios." }, { "full-name": "ARTICULO 13.11 Bis: Uso y Localización de Instalaciones Informaticas / ARTICLE 13.11 Bis: Use and Location of Computer Facilities", "description": "", "text": ">>2. Ninguna disposicion del presente Articulo impedira a una Parte adoptar o mantener medidas incompatibles con el parrafo 1 para alcanzar un objetivo legitimo de politica publica, siempre que dichas medidas no se apliquen en forma que constituyan un medio de discriminacion arbitrario o injustificable, o una restriccion encubierta al comercio." } ] }, "cr_provisions": { "applicable": false, "details": [] }, "db_exceptions": { "GeneralExceptions": { "applicable": true, "details": [ { "full-name": "ARTÍCULO 18.1: Excepciones Generales / ARTICLE 18.1: General Exceptions", "description": "", "text": ">>1. Para los efectos de los Capítulos 3 (Acceso a Mercados), 4 (Reglas de Origen y Procedimientos relacionados con el Origen), 5 (Facilitación del Comercio y Cooperación Aduanera), 6 (Medidas Sanitarias y Fitosanitarias), 7 (Obstáculos Técnicos al Comercio) y 13 (Comercio Electrónico) el Artículo XX del GATT de 1994 y sus notas interpretativas se incorporan al presente Protocolo Adicional y forman parte del mismo, mutatis mutandis. Las Partes entienden que las medidas a que hace referencia el Artículo XX (b) del GATT de 1994 incluyen las medidas en materia ambiental necesarias para proteger la vida o la salud humana, animal o vegetal, y que el Artículo XX (g) del GATT de 1994 se aplica a las medidas relativas a la conservación de los recursos naturales vivos o no vivos agotables. \n>>Translation: 1.For the purposes of Chapters 3 (Market Access), 4 (Rules of Origin and Procedures Related to Origin), 5 (Trade Facilitation and Customs Cooperation), 6 (Sanitary and Phytosanitary Measures), 7 (Technical Barriers to Trade) and 13 (Electronic Trade), Article XX of the GATT of 1994 and its interpretive notes are incorporated into this Additional Protocol and are made part thereof, mutatis mutandis. The Parties understand that the measures referred to in Article XX (b) of the GATT of 1994 include environmental measures necessary for protecting human, animal or plant life or health, and that Article XX (g) of the GATT of 1994 applies to measures related to the conservation of non-renewable natural resources, living or non-living." }, { "full-name": "ARTÍCULO 18.1: Excepciones Generales", "description": "", "text": ">>2. Para los efectos de los Capítulos 9 (Comercio Transfronterizo de Servicios), 12 (Servicios Marítimos), 13 (Comercio Electrónico) y 14 (Telecomunicaciones), el Artículo XIV del AGCS (incluidas sus notas al pie de página) se incorpora al presente Protocolo Adicional y forma parte del mismo, mutatis mutandis. Las Partes entienden que las medidas a que se refiere el Artículo XIV (b) del AGCS incluyen las medidas en materia ambiental necesarias para proteger la vida o la salud humana, animal o vegetal. \n>>Translation: 2. For the purposes of Chapters 9 (Cross-Border Trade in Services), 12 (Maritime Services), 13 (Electronic Trade) and 14 (Telecommunications), Article XIV of the GATS (including its footnotes) is incorporated into this Additional Protocol and is made part thereof, mutatis mutandis. The Parties understand that the measures referred to in Article XIV (b) of the GATS include environmental measures necessary for protecting human, animal or plant life or health." } ] }, "SecurityExceptions": { "applicable": true, "details": [ { "full-name": "ARTÍCULO 18.2: Orden Público / ARTICLE 18.2: Public Order", "description": "", "text": ">>Las Partes entienden que nada de lo dispuesto en el Capítulo 10 (Inversión) se interpretará en el sentido de impedir que una Parte adopte o mantenga medidas respecto a las personas naturales de otra Parte necesarias para preservar el orden público, a condición que la medida señalada no se aplique en forma que constituya un medio de discriminación arbitrario o injustificable. \n>>Translation: The Parties understand that nothing in Chapter 10 (Investment) shall be construed as preventing a Party from adopting or maintaining measures concerning natural persons of another Party that are necessary for public order, provided that the measure specified is not applied in a way that constitutes a form of arbitrary or unjustified discrimination" }, { "full-name": "ARTÍCULO 18.3: Seguridad Esencial / ARTICLE 18.3: Essential Security", "description": "", "text": ">>Ninguna disposición del presente Protocolo Adicional se interpretará en el sentido de: >>>(a) exigir a una Parte que proporcione cualquier información cuya divulgación considere contraria a sus intereses esenciales en materia de seguridad; [...] \n>>Translation: No provision of this Additional Protocol shall be construed as: \n>>>(a) requiring a Party to provide any information the disclosure of which it considers contrary to its essential security interests; [...]" }, { "full-name": "ARTÍCULO 18.3: Seguridad Esencial / ARTICLE 18.3: Essential Security", "description": "", "text": ">>Ninguna disposición del presente Protocolo Adicional se interpretará en el sentido de: [...] \n>>>(b) impedir a una Parte la adopción de las medidas que se estimen necesarias para la protección de sus intereses esenciales en materia de seguridad, relativas a: \n>>>>(i) las materias fisionables o fusionables o a aquellas que sirvan para su fabricación; \n>>>(ii) el tráfico de armas, municiones y pertrechos de guerra, y de otros bienes y materiales de este tipo o relativas a la prestación de servicios, destinados directa o indirectamente con el objeto de abastecimiento o aprovisionamiento de establecimientos militares, o \n>>>(iii) las adoptadas en tiempos de guerra u otras emergencias en las relaciones internacionales; [...] \n>>Translation: No provision of this Additional Protocol shall be construed as: [...] \n>>>(b) preventing a Party from adopting measures that it deems necessary for the protection of its essential security interests with regard to: \n>>>>(i) fissionable and fusionable materials or the materials from which they are derived; \n>>>>(ii) the traffic of arms, ammunition and war supplies, and other goods and materials of this type or related to the provision of services which are directly or indirectly intended for the sourcing or procurement of military establishments; or \n>>>>(iii) measures adopted in war times or during other international relations emergencies; or [...]" }, { "full-name": "ARTÍCULO 18.3: Seguridad Esencial", "description": "", "text": ">>Ninguna disposición del presente Protocolo Adicional se interpretará en el sentido de: [...] \n>>>(c) impedir a una Parte la adopción de medidas en cumplimiento de las obligaciones por ella contraídas en virtud de la Carta de las Naciones Unidas para el mantenimiento de la paz y de la seguridad internacional. \n>>Transltation: No provision of this Additional Protocol shall be construed as: [...] >>>(c) preventing a Party from adopting measures in order to comply with obligations assumed under the United Nations Charter for peacekeeping and international security." } ] }, "IndigenousExceptions": { "applicable": false, "details": [] } }, "dl_provisions": { "applicable": true, "DataLocalisation": { "applicable": true, "details": [ { "full-name": "ARTICULO 13.11: Transferencia Transfronteriza de Información por Medios Electrónicos / Article 13.11: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>2. Cada Parte permitira la transferencia transfronteriza de información por medios electrónicos, incluyendo la transferencia de información personal, para el ejercicio de la actividad de negocios de una persona cubierta. \n>>Translation: 2. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person." } ] }, "FacilitationOfCrossBorderTransfer": { "applicable": false, "details": [] }, "ReviewAndAssessment": { "applicable": false, "details": [] }, "NoPriorAuthorisation": { "applicable": false, "details": [] }, "FinancialDataProtection": { "applicable": false, "details": [] }, "PublicPolicyException": { "applicable": true, "details": [ { "full-name": "ARTICULO 13.11: Transferencia Transfronteriza de Información por Medios Electrónicos / Article 13.11: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": ">>3. Ninguna disposición del presente Articulo impedira a una Parte adoptar o mantener medidas incompatibles con el párrafo 2 para alcanzar un objetivo legítimo de política pública, siempre que dichas medidas no se apliquen en forma que constituyan un medio de discriminación arbitrario o injustificable, o una restricción encubierta al comercio. \n>>Translation: 3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade." } ] }, "EssentialSecurityInterests": { "applicable": false, "details": [] }, "MeasuresConsistency": { "applicable": false, "details": [] }, "DataRegulatoryAutonomy": { "applicable": true, "details": [ { "full-name": "ARTICULO 13.11: Transferencia Transfronteriza de Información por Medios Electrónicos / Article 13.11: Cross-Border Transfer of Information by Electronic Means", "description": "", "text": "1. Las Partes reconocen que pueden tener sus propios requisitos regulatorios para la transferencia de informacion por medios electrénicos. \n>>Translation: 1. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means." } ] }, "IndigenousData": { "applicable": false, "details": [] } }, "ndt_provisions": { "applicable": true, "details": [ { "full-name": "Articulo 13.4: No Discriminacion de Productos Digitales / Article 13.4: Non-Discrimination of Digital Products", "description": "", "text": ">>1. Ninguna Parte otorgará un trato menos favorable a los productos digitales creados, producidos, publicados, contratados, comisionados o puestos a disposición por primera vez en condiciones comerciales en el territorio de otra Parte o de un país no Parte, o a los productos digitales cuyo autor intérprete, productor, gestor o propietario es una persona de otra Parte o de un país no Parte, que el que otorga a otros productos digitales similares. \n>>Translation: 1. No Party shall accord less favorable treatment to digital products created, produced, published, contracted for, commissioned, or first made available on commercial terms in the territory of another Party or of a non-Party, or to digital products of which the author, performer, producer, developer, or owner is a person of another Party or of a non-Party, than it accords to other like digital products." }, { "full-name": "Articulo 13.4 srs: No Discriminacion de Productos Digitales / Article 13.4 srs: Non-Discrimination of Digital Products", "description": "", "text": ">>2. Para mayor certeza, este Articulo no aplica a los subsidios o donaciones otorgados por una Parte, incluyendo los préstamos, garantías y seguros que cuenten con apoyo gubernamental. \n>>Translation: >>2. For greater certainty, this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees, and insurance." } ] }, "ogd_provisions": { "applicable": false, "details": [] }, "sc_provisions": { "applicable": false, "details": [] }, "ts_provisions": { "applicable": false, "details": [] } } ] } ] }