Laws and regulations hindering data flows across borders are trade-restrictive, and some of these measures can violate WTO and PTAs' obligations. The chapter starts by exploring the multi-layered policy framework governing data flows and cross-border data flows identifying various policy goals typically associated with data restrictions.

This includes exploring the various elements required within the WTO framework to address the policy ramifications of data restrictive measures, focusing on General Agreement on Trade in Services (GATS). The chapter then explains the trade-related aspects of data flow regulation by focusing on two interconnected topics: (i) the special nature of digital trade and trade in data that makes it harder to apply existing GATS provisions to digital services; and (ii) those aspects of data flows that are trade-related and, thus, should be addressed in a trade law framework. Finally, the chapter proposes a novel WTO framework on data flows by identifying the foundational principles for data regulation and the legal provisions necessary to enable security, predictability and certainty in data flows.

Data flows are at the core of digital trade debates, as they are key to the data-driven economy, while at the same time posing a number of challenges to state sovereignty and the protection of individual rights. While adaptation at the WTO has been slow, states have turned to preferential trade venues to address the new set of issues that the era of big data has posed. The chapter, based on a comprehensive dataset, traces the developments in preferential trade agreements, in particular those of relevance to cross-border data flows. It zooms in on the recent trade deals ofthe CPTPP and the USMCA and provides a detailed analysis of the current state of global digital trade law.

The regulation of digital trade has become one of the key topics in trade law and policy.

The chapter focuses on one group of countries of the Latin American region, which have been the most important vectors of the inclusion of e-commerce and data rules in PTAs – a group that includes Chile, Colombia, Mexico, Peru, and Panama. Besides highlighting the contribution that those countries have had in the creation and diffusion of this new rule-making, the goal is also to determine the level of regulatory convergence that Latin American countries (LACs) have on rules for digital trade and data flows, and the potential disparities between international obligations and domestic privacy protection regimes.

The chapter explores data-related provisions in preferential trade agreements and analyzes trends and patterns in their evolution based on a comprehensive dataset. The chapter explores in particular indicators aggregated from the data that attempt to capture various salient dimensions of the data flow–related provisions in PTAs and uses those indicators to enquire into the trends over time, exploring the rule-makers’ roles through both text-as-data analyses and manual coding of data-related design features. The chapter concludes by outlining possible next research avenues in the area of digital trade governance.