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  • 16 - Data Is Different, So Policymakers Should Pay Close Attention to Its Governance

  • from Part IV - Global Perspectives on Digital Trade Governance
  • Edited by Mira Burri
  • Book:
    Big Data and Global Trade Law
    Published online:
    09 July 2021
    Print publication:
    29 July 2021, pp 340-360
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  • Summary

    This chapter examines the new role of data in trade and explores how trade in data differs from trade in goods and services. It argues that data is different and may need a distinct set of rules. The chapter explores several analogies used by analysts to describe data as an input, which can help understand how data could be regulated.

    Many executives and policymakers argue that trade agreements are the appropriate venue to govern cross-border data flows. The chapter discusses how trade policy-makers are regulating trade in data and how these efforts have created a regulatory patchwork.

    Finally, an alternative approach is suggested, noting that any agreement must be built by and for the people whose data serve as its foundation. Before trade negotiators try to develop rules regarding cross-border data flows, they must acknowledge the special character of data and focus first on creating an effective enabling environment and building trust in that new economy by empowering people around the world to control their data.