FDI Perspective No. 254: “Assessing the legality of data-localization requirements: Before the tribunals or at the negotiating table?” by Marion A. Creach

Local data-storage and/or processing requirements presumably violate national treatment provisions of the GATS and international investment agreements. Investors could challenge data-localization measures before the tribunals, or decision-makers and engineers could design an international legal framework on data flow restrictions to ensure openness, certainty and efficiency while achieving public policy objectives.

A translation in Mandarin is also available via the “Download Resources” button.