Designing International Economic Data Law

Thomas Streinz

Concurrently with the digital transformation of economies and societies, transnational access, transfer, and use of data have increasingly become focal points during negotiations for “comprehensive” trade and investment agreements. While these efforts are often presented and discussed as negotiations about “electronic commerce” and “digital trade” that will “modernize” the acquis of international economic law, we are arguably witnessing the design of new international economic data law that is conceptually distinct from conventional international trade and investment law. The design of this new international economic data law reflects a complex political economy.

This contribution to the Proceedings of the ASIL Annual Meeting reflects on a panel discussion at ASIL’s virtual annual meeting in 2021, where the author chaired a panel titled “The Rise of Restrictions on Data Flows and Digital Technologies: National, Security, Human Rights, or Geo-Economics?”.