EFTA-Peru FTA (2011),
121 and the New Zealand-Chinese Taipei (2013).
122 The
EU-Canada CETA (2017) denominates its Article 16.4, on the protection of personal
data, “trust and confidence in electronic commerce” and, therefore, confirms the
function of the related measures. The EU-CARIFORUM (2008), the EU-Colombia,
Peru and Ecuador (2013), the EU-Georgia FTA (2014), the EU-Korea FTA (2011),
the Hong Kong-New Zealand FTA (2011), and the Panama-Singapore FTA (2006)
also admit the need of data protection to increase confidence.
The Canada-Costa Rica FTA (2002), the Canada-Jordan FTA (2012), the
Canada-Panama FTA (2013), the Canada-Ukraine FTA (2017), the Costa RicaSingapore FTA (2013), the Gulf Cooperation Council-Singapore (2013), the
India-China CECA (2005), the Jordan-Singapore (2005), the Korea-Singapore
FTA (2006), the Peru-Singapore FTA (2009), the Turkey-Malaysia FTA (2015),
the United States-Australia FTA (2005), the Korea-United States FTA (2012),
123 the
United States-Bahrain FTA (2006), the United States-Colombia FTA (Ch. 15)
(2012), the United States-Morocco FTA (Ch. 14) (2006), the United States-Oman
FTA (Ch. 14) (2009), the States-Peru FTA (Ch. 15) (2009) and the United StatesSingapore FTA (Ch. 14) (2003) do not hold provisions that link e-commerce to
personal data protection.
The China Mainland and Hong Kong Closer Partnership Arrangement and the
China Mainland and Macao Closer Partnership Arrangement (both of 2003) hold, in
identical texts, contained in their Articles 17, only hortatory provisions on cooperation in the field of “electronic business”. The Economic Agreement Between the
Gulf Cooperation Council States (2003) also limits itself to a simple non binding
provision on cooperation in its chapter on Transportation, Communication and
Infrastructure.
124
121 EFTA-PER 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.”
122 NZL-TWN Cooperation Agreement, Chapter 9, Article 2: “Promotion of E-Commerce. The
Parties agree to: (. . .) (d) work to build consumer and business confidence in support of the wider
utilisation of e-commerce between the Parties and globally by: (i) maintaining privacy protection
laws and consumer laws relating to e-commerce;”
123 KOR-USA FTA, Article 15.8: “Cross-border information flows. Recognizing the importance of
the free flow of information in facilitating trade, and acknowledging the importance of protecting
personal information, the Parties shall endeavour to refrain from imposing or maintaining unnecessary barriers to electronic information flows across borders.”
124 GCC EA, Article 25: “Member States shall take all necessary actions to facilitate banking and
trade exchange through electronic means of communication, and unify their electronic commerce
legislation.”
512
J. A. F. Costa
121 and the New Zealand-Chinese Taipei (2013).
122 The
EU-Canada CETA (2017) denominates its Article 16.4, on the protection of personal
data, “trust and confidence in electronic commerce” and, therefore, confirms the
function of the related measures. The EU-CARIFORUM (2008), the EU-Colombia,
Peru and Ecuador (2013), the EU-Georgia FTA (2014), the EU-Korea FTA (2011),
the Hong Kong-New Zealand FTA (2011), and the Panama-Singapore FTA (2006)
also admit the need of data protection to increase confidence.
The Canada-Costa Rica FTA (2002), the Canada-Jordan FTA (2012), the
Canada-Panama FTA (2013), the Canada-Ukraine FTA (2017), the Costa RicaSingapore FTA (2013), the Gulf Cooperation Council-Singapore (2013), the
India-China CECA (2005), the Jordan-Singapore (2005), the Korea-Singapore
FTA (2006), the Peru-Singapore FTA (2009), the Turkey-Malaysia FTA (2015),
the United States-Australia FTA (2005), the Korea-United States FTA (2012),
123 the
United States-Bahrain FTA (2006), the United States-Colombia FTA (Ch. 15)
(2012), the United States-Morocco FTA (Ch. 14) (2006), the United States-Oman
FTA (Ch. 14) (2009), the States-Peru FTA (Ch. 15) (2009) and the United StatesSingapore FTA (Ch. 14) (2003) do not hold provisions that link e-commerce to
personal data protection.
The China Mainland and Hong Kong Closer Partnership Arrangement and the
China Mainland and Macao Closer Partnership Arrangement (both of 2003) hold, in
identical texts, contained in their Articles 17, only hortatory provisions on cooperation in the field of “electronic business”. The Economic Agreement Between the
Gulf Cooperation Council States (2003) also limits itself to a simple non binding
provision on cooperation in its chapter on Transportation, Communication and
Infrastructure.
124
121 EFTA-PER 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.”
122 NZL-TWN Cooperation Agreement, Chapter 9, Article 2: “Promotion of E-Commerce. The
Parties agree to: (. . .) (d) work to build consumer and business confidence in support of the wider
utilisation of e-commerce between the Parties and globally by: (i) maintaining privacy protection
laws and consumer laws relating to e-commerce;”
123 KOR-USA FTA, Article 15.8: “Cross-border information flows. Recognizing the importance of
the free flow of information in facilitating trade, and acknowledging the importance of protecting
personal information, the Parties shall endeavour to refrain from imposing or maintaining unnecessary barriers to electronic information flows across borders.”
124 GCC EA, Article 25: “Member States shall take all necessary actions to facilitate banking and
trade exchange through electronic means of communication, and unify their electronic commerce
legislation.”
512
J. A. F. Costa