Data flows across border underpin today's digitalised and globally interconnected world, but have also given rise to a range of concerns, including about privacy protection, intellectual property protection, regulatory reach, competition, and industrial policy. This has led to the emergence of a patchwork of rules governing cross-border data flows, complicating both the enforcement of public policy goals and increasing the costs for firms of all sizes of operating on a global scale. In practice, countries are using a range of mechanisms and instruments to enable cross-border data transfers with "trust", including unilateral mechanisms, plurilateral arrangements, and trade agreements. This paper identifies the commonalities, complementarities and elements of convergence in these different instruments for moving data across borders, with the aim of supporting international dialogue and co-operation on more predictable and transparent combinations of data flows and "trust".
Rules affecting digital trade are complex and spread across a diverse set of issues and fora. This paper provides an inventory of existing rules, standards, and principles related to issues that are being discussed in the context of the Joint Statement Initiative (JSI) at the WTO, highlighting the number of existing international instruments at the WTO and across a range of non-WTO fora on which these discussions can build. The Inventory thus aims to help governments better leverage resources towards enabling more informed discussions on digital trade. Additionally, the Inventory shows that there is already substantial uptake of instruments on issues related to digital trade among participants to the JSI discussions. Furthermore, many jurisdictions that do not currently participate in the JSI discussions are already in the process of undertaking reforms in the areas that are being discussed under that initiative.
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