Digital Trade and Global Data Governance Charting new pathways in international economic law

The paper argues that current international trade law is insufficient to handle the complexities of global data governance, particularly regarding privacy, cybersecurity, and the 'data divide' between developed and developing nations. It suggests moving away from polarized narratives of 'free flow' versus 'sovereignty' toward a multi-layered framework that integrates soft law, multistakeholder cooperation, and specific support for developing countries to ensure digital inclusion and fair competition.

• There is a critical need to move beyond polarized narratives regarding data flows—specifically the conflict between 'free flow of data' and 'data sovereignty'—as this fragmentation reduces digital trust and can be used as a tool for 'digital authoritarianism'.
• International trade law often fails to provide clear answers for data governance because data-restrictive measures (such as data localization or cybersecurity bans) create complex legal frictions regarding non-discrimination, market access, and the application of general or security exceptions.
• A significant 'data divide' exists between developed and developing countries, characterized by inadequate infrastructure and regulatory capacity. This is exacerbated by 'data colonialism' from Big Tech companies in powers like the United States and China, leaving developing nations in a cycle of digital dependency.
• Current international trade agreements, including WTO disciplines and Digital Economic Partnership Agreements (DEAs), are largely ineffective at bridging the global data divide due to weak special and differential treatment and a lack of binding mechanisms for technical or regulatory support.
• Big Tech monopolies leverage disproportionate data advantages to create network economies of scale and stifle new market entrants. Existing trade rules, including those in the WTO and various plurilateral trade agreements (PTAs), lack specific disciplines to address these unique digital competition problems.
• The author proposes a 'multi-layered approach' to global data governance that combines binding treaty provisions with soft law frameworks, multistakeholder norms, and flexible regulatory cooperation to resolve disputes and build trust.

APA

Mishra, N. (2024). Digital Trade and Global Data Governance Charting new pathways in international economic law. International Institute for Sustainable Development. https://www.iisd.org/articles/policy-analysis/global-data-governance

Chicago

Mishra, Neha. Digital Trade and Global Data Governance Charting new pathways in international economic law. International Institute for Sustainable Development, 2024. https://www.iisd.org/articles/policy-analysis/global-data-governance.

Wikipedia

{{cite report |last1=Mishra |first1=Neha |title=Digital Trade and Global Data Governance Charting new pathways in international economic law |publisher=International Institute for Sustainable Development |date=30 October 2024 |url=https://www.iisd.org/articles/policy-analysis/global-data-governance |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{mishra2024digital, author = {Mishra, Neha}, title = {{Digital Trade and Global Data Governance Charting new pathways in international economic law}}, institution = {International Institute for Sustainable Development}, year = {2024}, month = oct, url = {https://www.iisd.org/articles/policy-analysis/global-data-governance}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }