(2013),
100 the Thailand-Australia FTA (2005)
101 , and the Thailand-New Zealand
FTA (2005).
102
The Canada-Peru FTA (2009)
103 and Canada-Colombia FTA (2011)
104 provide
that Parties “should” regulate the protection of personal data, although there are no
indications of international standards as a general parameter. The Eurasian Economic Union-Vietnam FTA (2016)
105 also employs the weak expression “shall
endeavour” and does not link data protection to any standards, international or
domestic.
100 MAL-AUT FTA, Article 15.8: “Online Personal Data Protection. 1. Each Party shall establish or
maintain legislation or regulations that protect the personal data of the users of electronic commerce.
2. In the development of personal data protection standards, each Party shall take into account the
international standards and criteria of relevant international organisations.”
101 THA-AUT FTA, Chapter 11, Article 1106: “Online Personal Data Protection. 1. 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. 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.”
102 THA-NZL FAT, Article 10.5: “Online Data Protection. 1. 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. 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.”
103 CAN-PER FTA, Chapter 15, Article 1507: “The Parties recognize the importance of the
protection of personal information in the on-line environment. To this end, each Party should:
adopt or maintain legal, regulatory and administrative measures for the protection of personal
information of users engaged in electronic commerce; and exchange information and experiences
regarding their domestic regimes on the protection of personal information.”
104 CAN-COL FTA, Chapter 15, Article 1506: “Protection of Personal Information 1. Each Party
should adopt or maintain laws, regulations or administrative measures for the protection of personal
information of users engaged in electronic commerce. 2. The Parties should exchange information
and experiences regarding their domestic regimes for the protection of personal information.”
105 EAEU-Vietnam FTA, Article 13.5: “The Parties shall endeavour to adopt and maintain in force
measures aimed at the protection of private data of electronic commerce users.” Article 13.6 (1):
“Cooperation on Electronic Technologies in Trade. The Parties shall exchange information and
experience with regard to laws and regulations and programmes in the field of electronic technologies in trade, in particular with regard to private data protection and improvement of consumer
confidence”.
Data Protection in International Trade Law
509
100 the Thailand-Australia FTA (2005)
101 , and the Thailand-New Zealand
FTA (2005).
102
The Canada-Peru FTA (2009)
103 and Canada-Colombia FTA (2011)
104 provide
that Parties “should” regulate the protection of personal data, although there are no
indications of international standards as a general parameter. The Eurasian Economic Union-Vietnam FTA (2016)
105 also employs the weak expression “shall
endeavour” and does not link data protection to any standards, international or
domestic.
100 MAL-AUT FTA, Article 15.8: “Online Personal Data Protection. 1. Each Party shall establish or
maintain legislation or regulations that protect the personal data of the users of electronic commerce.
2. In the development of personal data protection standards, each Party shall take into account the
international standards and criteria of relevant international organisations.”
101 THA-AUT FTA, Chapter 11, Article 1106: “Online Personal Data Protection. 1. 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. 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.”
102 THA-NZL FAT, Article 10.5: “Online Data Protection. 1. 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. 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.”
103 CAN-PER FTA, Chapter 15, Article 1507: “The Parties recognize the importance of the
protection of personal information in the on-line environment. To this end, each Party should:
adopt or maintain legal, regulatory and administrative measures for the protection of personal
information of users engaged in electronic commerce; and exchange information and experiences
regarding their domestic regimes on the protection of personal information.”
104 CAN-COL FTA, Chapter 15, Article 1506: “Protection of Personal Information 1. Each Party
should adopt or maintain laws, regulations or administrative measures for the protection of personal
information of users engaged in electronic commerce. 2. The Parties should exchange information
and experiences regarding their domestic regimes for the protection of personal information.”
105 EAEU-Vietnam FTA, Article 13.5: “The Parties shall endeavour to adopt and maintain in force
measures aimed at the protection of private data of electronic commerce users.” Article 13.6 (1):
“Cooperation on Electronic Technologies in Trade. The Parties shall exchange information and
experience with regard to laws and regulations and programmes in the field of electronic technologies in trade, in particular with regard to private data protection and improvement of consumer
confidence”.
Data Protection in International Trade Law
509