Creating Data Flow Rules through Preferential Trade Agreements

Abstract

This chapter offers a mapping of developments in the area of digital trade governance with a deep dive on some more sophisticated templates that have been endorsed in recent years. It has become evident that PTAs have evolved into an important platform for rule-making in the area of digital trade, as well as that issues around data and data flows have moved to the center stage of trade negotiations. In the latter context, one could see that states have come up with new solutions that not only provide for legal certainty for data-driven businesses but also for policy space for the protection of vital public interests at home.