In a recent communication related to the Joint Statement on Electronic Commerce in Davos, China said the following:
4.1. Along with the new opportunities provided by electronic commerce, issues such as cyber security, data safety and privacy are increasingly highlighted, bringing unprecedented security risks and regulatory challenges to Members. Members sponsoring the Davos Joint Statement include not only developed Members, but also developing Members and LDCs. They differ in national conditions and development stages, have different challenges and concerns on electronic commerce-related issues. When it comes to the entire WTO membership, the interests are even more diversified. Therefore, to advance the negotiation, differences in Members' respective industry development conditions, historical and cultural traditions as well as legal systems need to be fully understood. Bearing in mind the aforementioned differences, Members should respect each other's design of the electronic commerce development paths, and the legitimate right to adopt regulatory measures in order to achieve reasonable public policy objectives.
4.2. In the exploratory discussions, some Members mentioned digital trade rules, covering issues such as data flow, data storage, treatment of digital products, etc. In light of their complexity and sensitivity, as well as the vastly divergent views among the Members, more exploratory discussions are needed before bringing such issues to the WTO negotiation, so as to allow Members to fully understand their implications and impacts, as well as related challenges and opportunities.
4.3. It's undeniable that trade-related aspects of data flow are of great importance to trade development. However, more importantly, the data flow should be subject to the precondition of security, which concerns each and every Member's core interests. To this end, it is necessary that the data flow orderly in compliance with Members' respective laws and regulations.
The tone of this statement sounds a little skeptical about commitments on data flows. But isn't the balance China seems to be calling for here pretty much exactly what the TPP/USMCA offer in this area? The USMCA rules/exceptions in this area are described here.
