JUL 01, 2020 | GLOBAL
USMCA’s Cross-Border Data Transfer Provisions Enter Into Force, Setting a New Global Standard
WASHINGTON – July 1, 2020 – The Global Data Alliance welcomes today's entry into force of the United States-Mexico-Canada Agreement, which contains the world's most advanced provisions on cross-border data transfers and data localization.
"The USMCA's data transfer provisions are a defining feature of this 21st Century trade agreement," stated Joseph Whitlock, Policy Director at BSA. "These provisions safeguard future access for American, Canadian, and Mexican companies and citizens to the economic opportunities and the cutting-edge technologies needed to compete in the global economy."
The USMCA’s data transfer provisions: (1) prohibit unnecessary data transfer restrictions; (2) protect against discrimination that would favor domestic data transfers over cross-border transfers; (3) apply to all sectors including financial services; and (4) stipulate that any data transfer rules must not: constitute disguised restrictions on trade, support arbitrary or unjustifiable discrimination, or impose transfer restrictions that are greater than are necessary. The USMCA also prohibits data localization mandates.
The USMCA data transfer provisions are critical to North American competitiveness and jobs. They also stand as a model for the world. In every sector of the economy, cross-border data transfers provide benefits — enabling innovation, creating jobs, and promoting productivity, safety, and environmental responsibility — through 21st century technologies like cloud computing, blockchain, data analytics, and artificial intelligence. Cross-border data transfers also enable every stage of the value chain, from R&D to production to post-sale service. By some estimates, 75% of the value of data transfers accrues to traditional industries like agriculture, logistics, and manufacturing. For more information, please see www.globaldataalliance.org
About the Global Data Alliance
The Global Data Alliance (globaldataalliance.org) is a cross-industry coalition of companies that are committed to high standards of data responsibility and that rely on the ability to transfer data around the world to innovate and create jobs. The Alliance supports policies that help instill trust in the digital economy while safeguarding the ability to transfer data across borders and refraining from imposing data localization requirements that restrict trade.
Alliance members include BSA members and American Express, Amgen, AT&T, ITB360, LEGO, Mastercard, Panasonic, Pfizer, Roche, United Airlines, Verizon, Visa, and WD-40 Company. These companies are headquartered across the globe and are active in the advanced manufacturing, aerospace, automotive, consumer goods, electronics, energy, financial services, health, supply chain, and telecommunications sectors, among others. BSA | The Software Alliance administers the Global Data Alliance.
BSA |“软件联盟”(www.bsa.org) 是全球软件行业的主要倡导者，旨在代表该行业，向政府和国际市场发声。其成员包括全球最具创新力的公司，这些公司制定的软件解决方案，不但能够刺激经济，还能提升现代生活的品质。
BSA 的总部位于华盛顿特区，其营运机构遍布 30 多个国家。BSA 凭借这些机构，率先涉足合规项目，以期促进使用合法软件、倡导制定公共政策，并以此培养技术创新能力，以及推动发展数字经济。