Chapter 10 of the ASEAN-AUT-NZL FTA (2010), on e-commerce, deals with
data protection in its Article 7.
86 According to it, Parties hold the jurisdiction to
legislate and shall regulate data protection. There is a hortatory provision in favour of
international standards. This is also the case of the Australia-Chile FTA (2009),
87 the
Australia-China FTA (2015),
88 the Canada-Korea FTA (2015),
89 the Chile-Thailand
FTA (2015),
90 the China-Korea FTA (2015),
91 the Costa Rica-Colombia
FTA (2016),
92 the EU-Canada CETA (2017),
93 the EU-CARIFORUM FTA
86 ASEAN-AUT-NZL FTA, Chapter 10, Article 7: “1. Subject to Paragraph 2, each Party shall, in a
manner it considers appropriate, protect the personal data of the users of electronic commerce. 2. A
Party shall not be obliged to apply Paragraph 1 before the date on which that Party enacts domestic
laws or regulations to protect the personal data of electronic commerce users. 3. In the development
of data protection standards, each Party shall consider the international standards and criteria of
relevant international organisations.”
87 AUT-CHI FTA, Article 16.8: “Online Personal Data Protection Each Party shall adopt or
maintain a domestic legal framework which ensures the protection of the personal data of the
users of electronic commerce. In the development of personal data protection standards, each Party
shall take into account the international standards and criteria of relevant international bodies.”
88 AUT-CHN FTA, Chapter 12, Article 12.8: “1. Notwithstanding the differences in existing
systems for personal information protection in the territories of the Parties, each Party shall take
such measures as it considers appropriate and necessary to protect the personal information of users
of electronic commerce. 2. In the development of data protection standards, each Party shall, to the
extent possible, take into account international standards and the criteria of relevant international
organisations.”
89 CAN-KOR FTA, Chapter 13, Article 13.4: “Protection of Personal Information. Each Party shall
adopt or maintain measures for the protection of the personal information of the users of electronic
commerce. In the development of personal information protection standards, each Party shall take
into account international standards of relevant international organisations.”
90 CHI-THA FTA, Article 11.7 (1) (j) (Electronic Commerce): “1. Recognizing the global nature of
electronic commerce, the Parties shall endeavour to: (. . .) (j) take appropriate measures and take into
account international standards on personal data protection: (i) notwithstanding the differences in
existing systems for personal data protection in the territories of the Parties, each Party shall take
such measures as it considers appropriate and necessary to protect the personal data of users of
electronic commerce; and (ii) in the development of data protection standards, each Party shall, to
the extent possible, take into account international standards and the criteria of relevant international
organizations.”
91 CHI-KOR FTA, Chapter 13, Article 13.5: “Protection of Personal Information in Electronic
Commerce: Recognizing the importance of protecting personal information in electronic commerce, each Party shall adopt or maintain measures which ensure the protection of the personal
information of the users of electronic commerce and share information and experience on the
protection of personal information in electronic commerce.”
92 CTR-COL FTA, Chapter 16, Article 16.6: “Protection of personal information. 1. Each Party
shall adopt or maintain regulation or administrative measures to protect personal information of
users that take part in electronic commerce. The Parties may take into account international rules
and criteria of international organisations on this issue. 2. The Parties will endeavour their best
efforts to exchange information and experiences on domestic regimes of personal data protection.”
(My translation.)
93 UE-CAN CETA, Chapter 16, Article 16.4: “Trust and confidence in electronic commerce. Each
Party should adopt or maintain laws, regulations or administrative measures for the protection of
personal information of users engaged in electronic commerce and, when doing so, shall take into
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507
data protection in its Article 7.
86 According to it, Parties hold the jurisdiction to
legislate and shall regulate data protection. There is a hortatory provision in favour of
international standards. This is also the case of the Australia-Chile FTA (2009),
87 the
Australia-China FTA (2015),
88 the Canada-Korea FTA (2015),
89 the Chile-Thailand
FTA (2015),
90 the China-Korea FTA (2015),
91 the Costa Rica-Colombia
FTA (2016),
92 the EU-Canada CETA (2017),
93 the EU-CARIFORUM FTA
86 ASEAN-AUT-NZL FTA, Chapter 10, Article 7: “1. Subject to Paragraph 2, each Party shall, in a
manner it considers appropriate, protect the personal data of the users of electronic commerce. 2. A
Party shall not be obliged to apply Paragraph 1 before the date on which that Party enacts domestic
laws or regulations to protect the personal data of electronic commerce users. 3. In the development
of data protection standards, each Party shall consider the international standards and criteria of
relevant international organisations.”
87 AUT-CHI FTA, Article 16.8: “Online Personal Data Protection Each Party shall adopt or
maintain a domestic legal framework which ensures the protection of the personal data of the
users of electronic commerce. In the development of personal data protection standards, each Party
shall take into account the international standards and criteria of relevant international bodies.”
88 AUT-CHN FTA, Chapter 12, Article 12.8: “1. Notwithstanding the differences in existing
systems for personal information protection in the territories of the Parties, each Party shall take
such measures as it considers appropriate and necessary to protect the personal information of users
of electronic commerce. 2. In the development of data protection standards, each Party shall, to the
extent possible, take into account international standards and the criteria of relevant international
organisations.”
89 CAN-KOR FTA, Chapter 13, Article 13.4: “Protection of Personal Information. Each Party shall
adopt or maintain measures for the protection of the personal information of the users of electronic
commerce. In the development of personal information protection standards, each Party shall take
into account international standards of relevant international organisations.”
90 CHI-THA FTA, Article 11.7 (1) (j) (Electronic Commerce): “1. Recognizing the global nature of
electronic commerce, the Parties shall endeavour to: (. . .) (j) take appropriate measures and take into
account international standards on personal data protection: (i) notwithstanding the differences in
existing systems for personal data protection in the territories of the Parties, each Party shall take
such measures as it considers appropriate and necessary to protect the personal data of users of
electronic commerce; and (ii) in the development of data protection standards, each Party shall, to
the extent possible, take into account international standards and the criteria of relevant international
organizations.”
91 CHI-KOR FTA, Chapter 13, Article 13.5: “Protection of Personal Information in Electronic
Commerce: Recognizing the importance of protecting personal information in electronic commerce, each Party shall adopt or maintain measures which ensure the protection of the personal
information of the users of electronic commerce and share information and experience on the
protection of personal information in electronic commerce.”
92 CTR-COL FTA, Chapter 16, Article 16.6: “Protection of personal information. 1. Each Party
shall adopt or maintain regulation or administrative measures to protect personal information of
users that take part in electronic commerce. The Parties may take into account international rules
and criteria of international organisations on this issue. 2. The Parties will endeavour their best
efforts to exchange information and experiences on domestic regimes of personal data protection.”
(My translation.)
93 UE-CAN CETA, Chapter 16, Article 16.4: “Trust and confidence in electronic commerce. Each
Party should adopt or maintain laws, regulations or administrative measures for the protection of
personal information of users engaged in electronic commerce and, when doing so, shall take into
Data Protection in International Trade Law
507