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Paper short abstract:

This paper explores the implications of the major emerging pieces of data governance legislation for its likely impact on trade, and the ways trade arrangements are likely to shape systems of data governance going forward in India.

Paper long abstract:

It has become common to say that "data is the new oil". This presumably implies that it is a naturally occurring resource that can serve as the foundation of economic growth and fuel other industries. If that is the case, we should expect economic and policy contestations over both data itself as well as how it is governed. If the analogy holds, we should expect the emergence of such contestation not only within countries, but between them as well. In response to data regulations such as Europe's GDPR, countries such as India, Nigeria, and Turkey are considering, or have adopted, legislation regulating data. In some ways, such emerging legislation affirms principles of privacy and security. In other ways, they engage in contestation over jurisdiction, authority, and sovereignty. In particular, we note the emergence of the principle of data sovereignty, which asserts that data can be governed according to the laws of the country where the data is processed. This has implications for who is responsible for ensuring data security and privacy, but also who has rights of ownership and use. Notably, international firms such as Facebook and Google are challenging these laws on multiple fronts, including by appealing to existing trade regulations as precedent for de facto data governance. This paper explores the implications of the major emerging pieces of data governance legislation for its likely impact on trade, and the ways trade arrangements are likely to shape systems of data governance going forward in India.