Regulating for a Digital Economy - Understanding the Importance of Cross-Border Data Flows in Asia

Regulating for a Digital Economy - Understanding the Importance of Cross-Border Data Flows in Asia PDF Author: Joshua P. Meltzer
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
The world is experiencing unprecedented increases in connectivity and global data flows. This is underpinning the so-called fourth industrial revolution. Cross-border data access, usage and exchange is essential to economic growth in the digital age. Every industry - including manufacturing, services, agriculture, and retail - relies on data and on the global flow of that data. A number of studies have been published that highlight the scale and importance of cross-border data flows. While the economic and trade opportunity from connectivity and data flows are significant, governments are increasingly introducing measures which restrict data flows - data localization measures. Such measures will have economic and trade costs.Governments restrict cross-border data flows in order to achieve a number of objectives. The main goals of data localization are as follows: 1. Protecting or improving citizen personal privacy. 2. To ensure rapid access to data by law enforcement officials. 3. Protecting or ensuring national security.4. Improving economic growth or economic competitiveness.5. In order to level the regulatory playing field. The key focus for all government when designing regulation to achieve legitimate goals should be to manage risk - whether to privacy, from cyber-attack or the impact of delays to law enforcement agencies - to an acceptable level relative to the economic and social benefits, including innovation, expected from these activities. While it is up to each government to determine its acceptable level of risk, in most cases, data localization is sub-optimal in that there are ways to achieve legitimate regulatory goals with less impact on economic growth and trade.

Regulating for a Digital Economy - Understanding the Importance of Cross-Border Data Flows in Asia

Regulating for a Digital Economy - Understanding the Importance of Cross-Border Data Flows in Asia PDF Author: Joshua P. Meltzer
Publisher:
ISBN:
Category :
Languages : en
Pages :

Get Book Here

Book Description
The world is experiencing unprecedented increases in connectivity and global data flows. This is underpinning the so-called fourth industrial revolution. Cross-border data access, usage and exchange is essential to economic growth in the digital age. Every industry - including manufacturing, services, agriculture, and retail - relies on data and on the global flow of that data. A number of studies have been published that highlight the scale and importance of cross-border data flows. While the economic and trade opportunity from connectivity and data flows are significant, governments are increasingly introducing measures which restrict data flows - data localization measures. Such measures will have economic and trade costs.Governments restrict cross-border data flows in order to achieve a number of objectives. The main goals of data localization are as follows: 1. Protecting or improving citizen personal privacy. 2. To ensure rapid access to data by law enforcement officials. 3. Protecting or ensuring national security.4. Improving economic growth or economic competitiveness.5. In order to level the regulatory playing field. The key focus for all government when designing regulation to achieve legitimate goals should be to manage risk - whether to privacy, from cyber-attack or the impact of delays to law enforcement agencies - to an acceptable level relative to the economic and social benefits, including innovation, expected from these activities. While it is up to each government to determine its acceptable level of risk, in most cases, data localization is sub-optimal in that there are ways to achieve legitimate regulatory goals with less impact on economic growth and trade.

Data Governance and the Digital Economy in Asia

Data Governance and the Digital Economy in Asia PDF Author: Liu Jingting
Publisher: Routledge
ISBN: 9781032826981
Category : Business & Economics
Languages : en
Pages : 0

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Book Description
Data governance is the cornerstone of digital economy growth, particularly in Asia, where both the digital economy and the policy space are fast expanding. The essays collected in this volume delve into how diverse and rapidly evolving data governance models of ASEAN countries and their Asian partners are shaping the regional digital economy integration particularly through cross-border data flows. The book begins with an examination of the diffusion of data governance rules globally and their economic impacts on a macro level. It then delves into a regional analysis, emphasising the interplay between data governance and economic development. Key discussions include data policies in India, China, South Korea, and ASEAN countries, enriched with insights from industry leaders. The book evaluates the role of regional and international trade agreements in facilitating digital trade and explores the consequences of widely differing data governance models for the ASEAN regional economy, with a special focus on implications for ASEAN's Digital Economy Framework Agreement. Written for scholars of digital economy, data governance and digital trade, this book provides a thorough understanding of Asia's data regulatory environment. Policymakers and industry professionals will also find the book's insights into the intricacies of digital economy policies and their implications useful in navigating the future of digital economic integration and growth in the ASEAN region.

The Digital Economy and International Trade

The Digital Economy and International Trade PDF Author: Robert Walters
Publisher: Kluwer Law International B.V.
ISBN: 9403537450
Category : Law
Languages : en
Pages : 392

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Book Description
Data flows are the backbone of today’s diversified value and supply chains. In this timely book, a prominent specialist in transnational commercial and private law explores a developing and evolving area of law related to the role of the digital economy in international trade, making a direct call for the need to internationalise the law regulating transnational data flows. Examining the commonalities and divergences in data flow regulation among ten key jurisdictions – Australia, Indonesia, India, Canada, Japan, Singapore, New Zealand, the United Kingdom, the United States, and the European Union – the book covers such issues and topics as the following: reconciling data free flow with trust; managing the increase in data vulnerability; efforts to prohibit trade in personal data within an interconnected digital economy; obstacles to data flows and digital economic development; cybersecurity; FinTech and TechFins; cross-border insolvency; dispute resolution; and data-digital diplomacy. The author compares several bilateral and multilateral free trade agreements, addressing the data-related shortcomings of these instruments and providing a pathway forward. In addition, two case studies are presented of high-profile judicial and regulatory decisions demonstrating the challenges of data flows and their governance. The author cogently demonstrates how an international legal mechanism such as a convention, treaty, or model law could provide greater certainty for data, as well as help to foster economic growth and create jobs and business opportunities. Practitioners and policymakers concerned with data security and privacy will greatly appreciate this book’s important and valuable contribution to a crucial area of law that bodes well to enhance the economic and social well-being of all.

Unlocking the Potential of Digital Services Trade in Asia and the Pacific

Unlocking the Potential of Digital Services Trade in Asia and the Pacific PDF Author: Asian Development Bank
Publisher: Asian Development Bank
ISBN: 929269863X
Category : Medical
Languages : en
Pages : 225

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Book Description
This book explains how rapid digitalization during COVID-19 has accelerated the growth of digital services trade in Asia and the Pacific, and provides analysis on the opportunities, challenges, and associated risks. It explores evolving trends and considers trade agreements, cybersecurity, and effective taxation. It outlines how a greater focus on developing human capital, connectivity, investment in information and communication technology, and a positive regulatory environment can help digital services thrive. By underscoring the principal drivers and policies, it aims to build a better understanding of digital services to guide policy makers as they undertake domestic reforms designed to reduce the digital divide.

Digital Economy Report 2020

Digital Economy Report 2020 PDF Author: United Nations Publications
Publisher:
ISBN: 9789211130225
Category :
Languages : en
Pages : 236

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Book Description
This publication takes stock of recent trends in the global data-driven digital landscape, examining opportunities and challenges for developing countries to benefit.

Regulating Digital Markets

Regulating Digital Markets PDF Author: Antonio Manganelli
Publisher: Palgrave Macmillan
ISBN: 9783030893873
Category : Law
Languages : en
Pages : 190

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Book Description
This book illustrates the challenges that regulators and policy makers have faced in the transition from the ‘old’ network industries to the new digital ecosystem. It succinctly describes the evolution of digital economy, its main actors, notably global digital platforms, as well as its interactions, interdependences, and trade-offs. Eventually, it proposes insights about why public rules are needed, what kind of rules could be more effective, fair, and efficient, and who should pose and enforce them. The book is opened by an introduction, dealing with Digital Transformation, Big Techs, and Public Policies, which provides a general conceptual and thematic framework to the following analysis but could be also read as a stand-alone paper. The following chapters are grouped in two parts: I. The Evolution of Digital Markets and Digital Rights, and II. Regulating Big Tech’s Impact on Market and Society. The secondary title - the European approach – has a twofold meaning. It highlights the fact that this work has a clear focus on EU law and policy - although the economic and institutional issues addressed are global phenomena, common to all world’s economies. In addition, it also underlines that European digital policy is not yet complete and effective. This book intends to provide a small contribution to the ongoing policy making process, as well as to the wider academic and policy debate.

Regulating Cross-Border Data Flows

Regulating Cross-Border Data Flows PDF Author: Bryan Mercurio
Publisher: Anthem Ethics of Personal Data
ISBN: 9781839984280
Category : Law
Languages : en
Pages : 250

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Book Description
Governing cross-border data flows is inherently difficult given the ubiquity and value of data, and the impact government policies can have on business, innovation and societal interests. This book engages with the unexplored topic of why and how governments should develop a coherent and consistent framework regulating cross-border data flows.

Governing a Globalised Digital Economy

Governing a Globalised Digital Economy PDF Author: Beatriz Kira
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
Harnessing the economic opportunities of digital technologies often requires changes in policy and regulation. Domestic regulation and policy-making alone are unable to deal with the multilevel interactions that take place in the governance of digital technologies. In an era of unprecedented levels of interdependence, measures that regulate the global digital economy at the regional and at the international levels are fundamentally important. Despite the growing need for international cooperation in technology policy-making, global governance is falling short of their tasks. In particular, multilateral institutions and formal mechanisms of coordination are not representative of the interests and policy priorities of low- and middle-income countries. Drawing on the findings of a recent study, this essay seeks to understand the relative importance of international coordination in technology policy in developing countries. In doing so, it addresses how low- and middle-income countries can design and adopt much-needed digital regulation while rethinking the international dynamics that shape domestic and cross-border technology policy-making.

Managing the Development of Digital Marketplaces in Asia

Managing the Development of Digital Marketplaces in Asia PDF Author: Asian Development Bank
Publisher: Asian Development Bank
ISBN: 9292692186
Category : Medical
Languages : en
Pages : 225

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Book Description
The coronavirus disease (COVID-19) pandemic is accelerating digital transformation across Asia and the Pacific. Digital platforms have become prominent intermediaries or marketplaces that allow the exchange of goods, services, and information. They are opening new transaction channels and ways of using resources while lowering service costs and enhancing market efficiency. This volume of background papers, prepared for the Asian Economic Integration Report 2021, examines the scope and potential benefits of digital platforms, as well as the associated policy issues and challenges. It proposes measures and policies to help maximize social and economic gains while alleviating adverse effects.

Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective

Cross-Border Data Transfers Regulations in the Context of International Trade Law: A PRC Perspective PDF Author: Yihan Dai
Publisher: Springer Nature
ISBN: 9811649952
Category : Law
Languages : en
Pages : 177

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Book Description
This book focuses on the PRC’s cross-border data transfer legislation in recent years, as well as the implications for international trade law. The book addresses the convergence of industries and technologies notably caused by digitization; the issue of conflicts between goods and services; and the General Agreement on Tariffs and Trade (GATT) and General Agreement on Trade in Services (GATS) as well as the difficulty of classifying service sectors under WTO members’ commitments. The book also examines the FTAs that entered into force after 2012 that regulate digital trade beyond the venue of the WTO and analyzes their rules of relevance for cross-border data flows and international trade. It asks whether and how these FTAs have deliberately reacted to the increasing importance of data flows as well as to the trouble of governing them in the context of global governance