USMCA Chapter 19 - Digital Trade (United States-Mexico-Canada Agreement)
Data flows, computing location and source code – USMCA Chapter 19 - Digital Trade (United States-Mexico-Canada Agreement)

USMCA Chapter 19 - Digital Trade (United States-Mexico-Canada Agreement) Art. 19.11: Do not prohibit or restrict cross-border data transfers for a covered person's business, except necessary and proportionate public policy measures

Article 19.11: no Party may prohibit or restrict the cross-border transfer of information, including personal information, by electronic means for the conduct of a covered person's business (covered investments, investors and service suppliers of a Party, excluding financial services persons covered by Chapter 17, which has its own data provision), unless the measure pursues a legitimate public policy objective, is not arbitrary, unjustifiable or a disguised trade restriction, and restricts no more than necessary; treating transfers differently merely because they are cross-border to the detriment of other Parties' suppliers fails the test. For organisations: data localisation or transfer bans by a Party can be challenged state to state; privacy laws with proportionate transfer conditions remain lawful.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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