Cross-Border Data Forum Bannner

POSTS BY

Jennifer Daskal

The future of U.S. global digital policy hangs in the balance following a shock decision by the office of the United States Trade Representative (USTR) that the United States no longer supports provisions that protect cross-border data flows, prohibit forced data localization, safeguard source code, and prohibit countries from discriminating against digital products in the World Trade Organization (WTO). [...]
While EUCS may—over time—spur the growth of European CSPs and increase uniformity among cybersecurity standards across the continent, the imposition of digital sovereignty requirements (localization and foreign law immunity) would impose substantial costs on CSP users in Europe, at least in the medium-term.   At a minimum, such an approach should be subjected to a public consultation process and full impact assessment that would fully explore the potential costs, as advocated by several member states, including the Netherlands. [...]