(2008),
94 the Hong Kong-New Zealand FTA (2011),
95 the Japan Australia
FTA (2015),
96 the Korea-Colombia FTA (2016),
97 the Korea-Australia FTA
(2014),
98 the Korea-Vietnam FTA (2015),
99 the Malaysia-Australia FTA
due consideration international standards of data protection of relevant international organisations
of which both Parties are a member.”
94 EU-CARIFORUM FTA, Article 119 (2): “Objective and principles 2. The Parties agree that the
development of electronic commerce must be fully compatible with the highest international
standards of data protection, in order to ensure the confidence of users of electronic commerce.”
95 HKG-NZL FTA, Article 10.2 (1) (b) (c) (f) (i): “1. The Parties agree to: (. . .) (b) promote the
efficient functioning of E-commerce domestically and internationally by, wherever possible,
developing domestic regulatory frameworks which are open, avoiding undue restrictions and
costs on E-commerce and, as appropriate, ensuring that relevant processes are compatible with
evolving international norms and practices; (c) ensure a predictable and simple legal environment
for E-commerce, taking into account the UNCITRAL Model Law on Electronic Commerce 1996
and other model law(s) on E-commerce as may be adopted or revised by UNCITRAL or other such
international organisations from time to time, that supports the maintenance of a secure infrastructure, enables public key infrastructure solutions to develop, and includes laws to facilitate the use of
electronic methods in meeting statutory requirements; (. . .) (f) work to build consumer and business
confidence to support the fullest economic and social benefits from E-commerce by: (i) maintaining
privacy protection laws and consumer laws relating to E-commerce.”
96 JPN-AUT FTA, Article 13.8: “Personal Data Protection. 1. Each Party shall adopt or maintain
measures to protect the personal data of electronic commerce users. 2. In the development of
protection standards for the personal data of electronic commerce users, each Party shall take into
account relevant international standards and criteria of relevant international bodies.”
97 KOR-COL FTA, Article 12.3: “Online Personal Data Protection. Each Party shall adopt or
maintain measures which ensure 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 international standards and the criteria of relevant international organizations.” Article
12.6: “Cooperation. 1. The Parties shall endeavour to establish cooperation mechanisms on issues
arising from electronic commerce, which will, inter alia, address the following: (. . .) (b) the
protection of personal data;”
98 KOR-AUT FTA, Article 15.8: “Online Personal Data Protection. Each Party shall adopt or
maintain measures which ensure 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, guidelines and recommendations of relevant international
organisations.”
99 KOR-VNM FTA, Article 10.6: “Personal data protection. 1. Each Party shall endeavour to adopt
or maintain legislative measures which ensure the protection of the personal data of the users of
electronic commerce. In the development of personal data protection standards in electronic
commerce, each Party recognizes the importance of taking into account the international standards
and the criteria of relevant international organizations. 2. Each Party recognizes the necessity of
taking an adequate level of safeguards for the protection of personal data of the users of electronic
commerce that is transferred between the Parties.”
508
J. A. F. Costa
94 the Hong Kong-New Zealand FTA (2011),
95 the Japan Australia
FTA (2015),
96 the Korea-Colombia FTA (2016),
97 the Korea-Australia FTA
(2014),
98 the Korea-Vietnam FTA (2015),
99 the Malaysia-Australia FTA
due consideration international standards of data protection of relevant international organisations
of which both Parties are a member.”
94 EU-CARIFORUM FTA, Article 119 (2): “Objective and principles 2. The Parties agree that the
development of electronic commerce must be fully compatible with the highest international
standards of data protection, in order to ensure the confidence of users of electronic commerce.”
95 HKG-NZL FTA, Article 10.2 (1) (b) (c) (f) (i): “1. The Parties agree to: (. . .) (b) promote the
efficient functioning of E-commerce domestically and internationally by, wherever possible,
developing domestic regulatory frameworks which are open, avoiding undue restrictions and
costs on E-commerce and, as appropriate, ensuring that relevant processes are compatible with
evolving international norms and practices; (c) ensure a predictable and simple legal environment
for E-commerce, taking into account the UNCITRAL Model Law on Electronic Commerce 1996
and other model law(s) on E-commerce as may be adopted or revised by UNCITRAL or other such
international organisations from time to time, that supports the maintenance of a secure infrastructure, enables public key infrastructure solutions to develop, and includes laws to facilitate the use of
electronic methods in meeting statutory requirements; (. . .) (f) work to build consumer and business
confidence to support the fullest economic and social benefits from E-commerce by: (i) maintaining
privacy protection laws and consumer laws relating to E-commerce.”
96 JPN-AUT FTA, Article 13.8: “Personal Data Protection. 1. Each Party shall adopt or maintain
measures to protect the personal data of electronic commerce users. 2. In the development of
protection standards for the personal data of electronic commerce users, each Party shall take into
account relevant international standards and criteria of relevant international bodies.”
97 KOR-COL FTA, Article 12.3: “Online Personal Data Protection. Each Party shall adopt or
maintain measures which ensure 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 international standards and the criteria of relevant international organizations.” Article
12.6: “Cooperation. 1. The Parties shall endeavour to establish cooperation mechanisms on issues
arising from electronic commerce, which will, inter alia, address the following: (. . .) (b) the
protection of personal data;”
98 KOR-AUT FTA, Article 15.8: “Online Personal Data Protection. Each Party shall adopt or
maintain measures which ensure 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, guidelines and recommendations of relevant international
organisations.”
99 KOR-VNM FTA, Article 10.6: “Personal data protection. 1. Each Party shall endeavour to adopt
or maintain legislative measures which ensure the protection of the personal data of the users of
electronic commerce. In the development of personal data protection standards in electronic
commerce, each Party recognizes the importance of taking into account the international standards
and the criteria of relevant international organizations. 2. Each Party recognizes the necessity of
taking an adequate level of safeguards for the protection of personal data of the users of electronic
commerce that is transferred between the Parties.”
508
J. A. F. Costa