![]() Finally, provisions on domestic regulation can potentially ensure that data ethics-related measures are implemented in a fair and objective manner, and that technical standards and licensing requirements for data-driven digital services are transparent, objective, and not unnecessarily burdensome. ![]() Further, disciplines on trade secret protection may be interpreted and applied meaningfully to balance commercial and critical public interests such as facilitating algorithmic accountability and ethical design in data-driven technologies. For instance, exceptions contained in international trade agreements can be interpreted to defend measures that support a human rights-centric approach to data governance. However, international trade law does not per se inhibit data ethics-related measures. It argues that certain data ethics-related measures may be inconsistent with obligations contained in international trade agreements, including obligations on non-discrimination, market access, domestic regulation, and intellectual property protection. However, some measures aimed at protecting and promoting data ethics (or ‘data ethics-related measures’) can have the consequence of restricting cross-border trade, especially in digital and data-driven services and technologies.Īgainst this background, this article assesses whether data ethics-related measures are consistent with international trade law, looking at the both the treaties of the World Trade Organization (‘WTO’) and several Preferential Trade Agreements (‘PTAs’). Governments are now also imposing measures to achieve greater compliance with these core principles of data ethics including banning certain (especially foreign) data-driven applications and services restricting cross-border transfers and processing of data and imposing varied corporate compliance requirements for offering data-driven technologies. ![]() These frameworks contain certain core principles such as human rights protection, ethical design, algorithmic accountability, and data privacy and security. ![]() In response to these concerns, several intergovernmental and multistakeholder bodies as well as individual governments have started devising data ethics compliance frameworks. The unprecedented integration of digital technologies with the economic and social lives of human beings has led to strong concerns regarding the ethical use of data collected by such technologies. ![]()
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