Taipei Cooperation Agreement (2008),
113 the Panama-Singapore FTA (2006),
114
the Peru-Korea FTA (2011),
115 the Singapore-Chinese Taipei FTA (2014),
116 the
United States-Chile FTA (2004),
117 and the United States-Panama FTA (2012).
118
Although the UE-Canada CETA (2017) deals with data protection in other provisions, it also includes the issue of personal data protection, extended to legal
persons, in the Article 16.6 (1) (c, d).
Another group of agreements also expresses the concerns on data protection in a
general clause, although they recognise explicitly the functional relation between the
reliance on e-commerce and effective instruments of data protection. This is the case
of EFTA-Central America FTA (2014),
119 the EFTA-Colombia FTA (2011),
120 the
113 NIC-TWN FTA, Article 14.05: “Cooperation. Recognizing the global nature of electronic
commerce, the Parties affirm the importance of: (. . .) (b) sharing information and experiences on
laws, regulations, and programs in the sphere of electronic commerce, including those related to
data privacy, consumer confidence in electronic commerce, cyber-security, electronic signatures,
intellectual property rights, and electronic government.”
114 PAN-SIN FTA. Article 13.4: “Cooperation Recognizing the global nature of electronic commerce, the Parties affirm the importance of: (. . .) (b) sharing information and experiences on issues
in the sphere of electronic commerce, including those related to data privacy, consumer confidence
in electronic commerce, cyber-security, electronic signatures, intellectual property rights, and
electronic government;”
115 PER-KOR FTA, Article 14.9: “Cooperation. Recognizing the global nature of electronic commerce, the Parties commit to: (. . .) (b) sharing information and experiences on laws, regulations,
and programs in the area of electronic commerce, including those related to data privacy, consumer
confidence, security in electronic communications, authentication, intellectual property rights, and
electronic government;”
116 SIN-TWN FTA, Article 11.47: “Cooperation. Recognising the global nature of electronic
commerce, the Parties affirm the importance of: (. . .) (b) sharing information and experiences on
laws, regulations, and programs in the sphere of electronic commerce, including those related to
data privacy, consumer protection and promoting confidence in electronic commerce and electronic
signatures;”
117 USA-CHI FTA, Article 15.5: “Cooperation. Having in mind the global nature of electronic
commerce, the Parties recognize the importance of: (. . .) (b) sharing information and experiences on
regulations, laws, and programs in the sphere of electronic commerce, including those related to
data privacy, consumer confidence, cyber-security, electronic signatures, intellectual property
rights, and electronic government;”
118 USA-PAN FTA, Article 14.5: “Cooperation. Recognizing the global nature of electronic commerce, the Parties affirm the importance of: (. . .); (b) sharing information and experiences on laws,
regulations, and programs in the sphere of electronic commerce, including those related to data
privacy, consumer confidence in electronic commerce, cyber-security, electronic signatures, intellectual property rights, and electronic government;”
119 EFTA-CA FTA, Annex II, Article 1, (c) (i, ii): “General. The Parties recognise: (. . .) (c) the need
to create an environment of trust and confidence for users of electronic commerce which covers,
inter alia: (i) protection of privacy of individuals in relation to the processing and dissemination of
personal data; (ii) protection of confidentiality of individual records and accounts.”
120 EFTA-COL FTA, Annex I, Article 1 (c) (i, ii): “General. The Parties recognise: (. . .) (c) the need
to create an environment of trust and confidence for users of electronic commerce which covers,
inter alia: (i) protection of privacy of individuals in relation to the processing and dissemination of
personal data; (ii) protection of confidentiality of individual records and accounts.”
Data Protection in International Trade Law
511
113 the Panama-Singapore FTA (2006),
114
the Peru-Korea FTA (2011),
115 the Singapore-Chinese Taipei FTA (2014),
116 the
United States-Chile FTA (2004),
117 and the United States-Panama FTA (2012).
118
Although the UE-Canada CETA (2017) deals with data protection in other provisions, it also includes the issue of personal data protection, extended to legal
persons, in the Article 16.6 (1) (c, d).
Another group of agreements also expresses the concerns on data protection in a
general clause, although they recognise explicitly the functional relation between the
reliance on e-commerce and effective instruments of data protection. This is the case
of EFTA-Central America FTA (2014),
119 the EFTA-Colombia FTA (2011),
120 the
113 NIC-TWN FTA, Article 14.05: “Cooperation. Recognizing the global nature of electronic
commerce, the Parties affirm the importance of: (. . .) (b) sharing information and experiences on
laws, regulations, and programs in the sphere of electronic commerce, including those related to
data privacy, consumer confidence in electronic commerce, cyber-security, electronic signatures,
intellectual property rights, and electronic government.”
114 PAN-SIN FTA. Article 13.4: “Cooperation Recognizing the global nature of electronic commerce, the Parties affirm the importance of: (. . .) (b) sharing information and experiences on issues
in the sphere of electronic commerce, including those related to data privacy, consumer confidence
in electronic commerce, cyber-security, electronic signatures, intellectual property rights, and
electronic government;”
115 PER-KOR FTA, Article 14.9: “Cooperation. Recognizing the global nature of electronic commerce, the Parties commit to: (. . .) (b) sharing information and experiences on laws, regulations,
and programs in the area of electronic commerce, including those related to data privacy, consumer
confidence, security in electronic communications, authentication, intellectual property rights, and
electronic government;”
116 SIN-TWN FTA, Article 11.47: “Cooperation. Recognising the global nature of electronic
commerce, the Parties affirm the importance of: (. . .) (b) sharing information and experiences on
laws, regulations, and programs in the sphere of electronic commerce, including those related to
data privacy, consumer protection and promoting confidence in electronic commerce and electronic
signatures;”
117 USA-CHI FTA, Article 15.5: “Cooperation. Having in mind the global nature of electronic
commerce, the Parties recognize the importance of: (. . .) (b) sharing information and experiences on
regulations, laws, and programs in the sphere of electronic commerce, including those related to
data privacy, consumer confidence, cyber-security, electronic signatures, intellectual property
rights, and electronic government;”
118 USA-PAN FTA, Article 14.5: “Cooperation. Recognizing the global nature of electronic commerce, the Parties affirm the importance of: (. . .); (b) sharing information and experiences on laws,
regulations, and programs in the sphere of electronic commerce, including those related to data
privacy, consumer confidence in electronic commerce, cyber-security, electronic signatures, intellectual property rights, and electronic government;”
119 EFTA-CA FTA, Annex II, Article 1, (c) (i, ii): “General. The Parties recognise: (. . .) (c) the need
to create an environment of trust and confidence for users of electronic commerce which covers,
inter alia: (i) protection of privacy of individuals in relation to the processing and dissemination of
personal data; (ii) protection of confidentiality of individual records and accounts.”
120 EFTA-COL FTA, Annex I, Article 1 (c) (i, ii): “General. The Parties recognise: (. . .) (c) the need
to create an environment of trust and confidence for users of electronic commerce which covers,
inter alia: (i) protection of privacy of individuals in relation to the processing and dissemination of
personal data; (ii) protection of confidentiality of individual records and accounts.”
Data Protection in International Trade Law
511