A New Dataset on Data-related Trade Provisions
Autorin
Prof. Mira Burri
University of Lucerne
The TAPED (Trade Agreements Provisions on Electronic-commerce and Data) dataset seeks to comprehensively trace developments in the area of digital trade governance. The dataset includes a detailed mapping and coding of all preferential trade agreements (PTAs) that cover chapters, provisions, annexes and side documents that directly or indirectly regulate digital trade.
Multilateral trade agreements such as the GATT all date back to the pre-Internet era. The WTO had already launched a Work Programme on Electronic Commerce in 1998. However, this did not lead to the implementation of substantial rules for Internet trade. The international regulation of e-commerce has therefore shifted almost exclusively to bilateral and regional PTAs between nations.
In the TAPED dataset, researchers from the University of Lucerne led by Mira Burri and the University of Bern led by Manfred Elsig have compiled all PTAs concluded between 2000 and 2019. The final data set contains 346 PTAs. A total of 90 data points was recorded and coded both manually and digitally. The coded items included for instance data protection, free data flow and data localisation.
Of the 346 PTAs included
- 184 provisions regarding digital trade,
- 108 specific provisions on e-commerce,
- 78 chapters dealing exclusively with e-commerce.
Trend towards “pro-digital trade”
In general, it can be said that the multitude of rules results in a patchwork of regulations but with common patterns and trends. The United States–Mexico–Canada Agreement (USMCA) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) serve as templates for many other regulations. There is also a clear trend towards “pro-digital trade”, shared also by developing countries, especially in South America. There is also consensus in particular on issues that can facilitate digital trade, such as paperless trade, electronic contracts, customs moratorium. Issues, like free data flows, remain in contrast controversial.
The TAPED dataset is part of the NRP 75 project “Regulating Big Data in Trade Agreements”. It is shared with the research and policy communities under the creative commons licence and available for further use.