[STUDENT POLICY BRIEF] What specific measures could the US, the European Union and China take in order to foster and facilitate cross-border data flows?

By Veronica Arroyo, Karin Hess, Nicole Grünbaum & Gustavo Ribeiro

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The Digital, Governance and Sovereignty Chair publishes, on a regular basis, the finest essays and papers written by Sciences Po students in the course of their studies.

This Policy Brief has been selected as one of the best works written during the course taught by Pr Florence G’sell “Comparative Approach to Big Tech Regulation” in Spring 2023.

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This policy brief is addressed to the G20 Digital Economy Ministers and tackles the primary question: what specific measures could the US, the European Union and China take in order to foster and facilitate cross-border data flows? For this, it explores the principles and rationales that influence the regulation of data flows, and discusses the instruments that allow for data to flow across the People’s Republic of China’s, the European Union’s and the United States of America’s borders.

In doing so, it finds convergent and divergent points. The EU and the US have limited overlaps in regulation of data protection and privacy. Moreover, both polities diverge from China when it comes to national security, as the latter has legal means to restrict cross-border data flows on security grounds. The trade of digital goods and services is a priority for all three polities alike.

This policy brief advises the G20 Digital Economy Ministers to adopt stabilizing measures such as repositories, standards, and standard contractual clauses, and explore transformative measures including privacy-enhancing technologies, legally adequate data hubs in free trade zones, and a court with transnational jurisdiction.

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Karin Hess has a background in Sinology, Political Science and Business Administration. As a Swiss national, she has spent two years working amongst others on cyber regulation at the Embassy of Switzerland in Beijing, and advocates for cross-cultural competence in the field of data governance.

Dual Master’s Degree in Public Policy at the School of Public Affairs of Sciences Po and Public Administration at the School of Public Policy of the London School of Economics (LSE). Policy stream: Digital, New Technology and Public Policy.

Verónica Arroyo is a Peruvian digital rights activist and lawyer with 4+ of experience working in developing countries around the world. She is CIPP/E certified, and is interested in shaping digital policy of new technology to guarantee privacy, digital security, and the right to be free from discrimination.

Dual Degree Master in Public Policy at the School of Public Affairs of Sciences Po and Master of Global Affairs at the Munk School of Global Affairs and Public Policy of the University of Toronto. Policy stream: Digital, New Technology and Public Policy.

Nicole Grünbaum is an international cooperation advisor with +4 years of experience in digital and open government. She led the Argentine delegation for the G20 Digital Economy Working Group and coordinated the international agenda of the Secretariat of Public Innovation in the Chief of Cabinet’s Office.

Master in Public Policy at the School of Public Affairs of Sciences Po. Policy stream: Digital, New Technology and Public Policy

Gustavo Fonseca Ribeiro is a Brazilian lawyer with experience in digital law and policy. He works with Artificial Intelligence and Digital Transformation at UNESCO, in Paris. Previously, he worked in the Technology Team at Baker McKenzie, in Rio de Janeiro. As an affiliate with the Laboratory of Public Policy and Internet (LAPIN), he worked on issues such as data protection, online disinformation, and Internet shutdowns. 

Master in Public Policy at the School of Public Affairs of Sciences Po. Policy stream: Digital, New Technology and Public Policy.