Data Regulation

Research Paper 234, 29 May 2026

The Digital Trade Data Heist: Trade Agreement Limits on Data Transfer and Storage Regulation Could Undercut Data Governance

By Daniel Rangel, Jai Vipra, and Lori Wallach

Governments worldwide are increasingly regulating how data is collected, transferred and stored to advance public interest objectives, including privacy, national security, taxation of the digital economy, and competition in the emerging artificial intelligence (AI) field. However, recent “digital trade” rules in international agreements — particularly those modeled on the United States–Mexico–Canada Agreement (USMCA) — restrict governments’ ability to regulate cross-border data flows or to require local data storage. This paper analyzes the expanding divergence between domestic data-governance measures and binding trade commitments. It evaluates three major models of digital trade rules (USMCA, Mercosur (Mercado Común del Sur), and European Union–New Zealand) and demonstrates that the USMCA framework imposes the most sweeping constraints and the weakest exceptions. The analysis also shows that such trade rules may hinder broader regulatory efforts related to taxation and AI accountability.

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Policy Brief 122, 30 November 2023

Data Access and the EU Data Strategy: Implications for the Global South

By Marc Stuhldreier

This study explores the value of data in the digital economy and the challenges surrounding data ownership, access rights, and equitable distribution of the value. It examines the European Data Strategy and highlights its shortcomings as well as its implications for the Global South. This contribution emphasises the need for unlocking the potential of collected data by enhancing accessibility and challenging protectionist measures and discusses the importance of fair competition and innovation. It also discusses the importance of balancing access rights with legitimate privacy concerns, trade secrets, and intellectual property rights. The paper concludes by highlighting the importance for developing countries to introduce tailored regulations that suit their specific needs, empowering them to seize opportunities and navigate the digital economy effectively.

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