Assessing the legality of data-localization requirements: Before the tribunals or at the negotiating table?

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.


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Academic Units
Columbia Center on Sustainable Investment
Columbia Center on Sustainable Investment
Columbia FDI Perspectives, 254
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March 5, 2020