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  • 7 - GATS Consistency of Barriers to Digital Services Trade

  • from Part III - Addressing Barriers at the WTO Level
  • Ines Willemyns, Sidley Austin LLP, Brussels
  • Book:
    Digital Services in International Trade Law
    Published online:
    30 September 2021
    Print publication:
    30 September 2021, pp 235-284

  • Summary

    This chapter analyses the consistency of the barriers to services trade that were identified in Chapter 3 with the GATS obligations as elaborated upon in Chapter 6. First, the chapter addresses restrictions to cross-border data flows, using two case studies: Russia’s amended Law on Personal Data and the EU’s General Data Protection Regulation. Second, the barrier of web filtering and content control is assessed under the applicable GATS obligations, using the case study of China’s Great Firewall. Third, the lack of access to infrastructure as an obstacle to digital services trade is considered using the case study of the United States’ Restoring Internet Freedom Order. Finally, a briefer analysis of the GATS consistency is provided for bans on cross-border supply through electronic means, digital taxes and restrictions on intellectual property rights. For each of these barriers, the services at issue are classified, the different GATS obligations are applied and the potential justification grounds are considered.