This report explores the many ways companies benefit from the free flow of data across borders and how to reduce barriers to these important data flows.

Cross-Border Data Flows Enable Growth in All Industries

Transatlantic data flows are essential to organizations of all sizes and industries—not just large technology firms. The EU and United States must establish clear, consistent legal mechanisms for data transfers so both sides can thrive in an increasingly digital global economy.

How to Build Back Better the Transatlantic Data Relationship

The Commerce Department should apply ICT Service Reviews to EU firms that conduct transactions with U.S. adversaries.

To Do: Apply ICT Service Reviews to EU Firms

The administration should engage with its trade partners to establish international legal standards for government access to data.

To Do: Create a “Geneva Convention on the Status of Data”

To Do: Create a "Geneva Convention on the Status of Data"

The G7’s “data free flow with trust” initiative is still conceptual, but it has the potential to become a venue to develop pragmatic tools to address data privacy and governance issues. However, the G7’s success depends in no small part on the EU being far more pragmatic (rather than dogmatic) in how it works with like-minded countries on data governance issues.

Unlocking EU Global Digital Trade: New Study Shows the US’s Key Role in EU Data Adequacy Determinations

Unlocking EU Global Digital Trade: New Study Shows the US's Key Role in EU Data Adequacy Determinations

No one disputes that digital trade is an essential component of the 21st century economy, however, so it is critical to establish a clearer definition of just what constitutes unwarranted protectionism and under what circumstances governments are justified in limiting cross-border data flows. Please join ITIF for a debate between ITIF President Rob Atkinson and George Washington University Professor Susan Aaronson.

Restricting Data Flows: When Is It Legitimate Policy, and When Is It Unjustified Protectionism?

Global free trade in data is under “serious threat” from protectionist policies that are balkanizing the 21st century economy by limiting cross-border data flows, argued ITIF Founder and President Robert D. Atkinson in testimony before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet.

Testimony Before U.S. House Judiciary Subcommittee on Promoting Digital Trade in the 21st Century

Congress should amend and the administration should use Section 301 of the Trade Act of 1974 to target digital trade issues.

To Do: Update Section 301 of the Trade Act for the Digital Economy

The European Commission should narrow its proposal for governing digital flows so that it clearly prohibits unjustified barriers enacted in the name of “privacy,” Nigel Cory writes for Euronews.

To Do: Impose Reciprocal Measures on Countries that Limit Data Transfers

Recommendation

Details

Editors’ Recommendations

Testimony to the US House Ways and Means Trade Subcommittee: Protecting American Innovation by Establishing and Enforcing Strong Digital Trade Rules

Related

Cross-Border Data Flows Enable Growth in All Industries

How to Build Back Better the Transatlantic Data Relationship

To Do: Apply ICT Service Reviews to EU Firms