Regulating Data in a Fragmented World: Any Scope for Multilateral Cooperation, or a Path Towards Regulatory De-coupling?

This article explores the technical and legal complexities surrounding the regulation of cross-border data flows, including through data localization measures and source code disclosure requirements, within the World Trade Organization (WTO) legal framework. Despite these issues initially being central to the WTO’s Work Programme and the Joint Statement Initiative (JSI) on ecommerce, no consensus could be reached on how they should be regulated at a multilateral level. The article explains how these issues fit within the current WTO rules and proposes options for future multilateral cooperation on these issues. This proposal takes into account significant differences in how data-related subjects are addressed under domestic law of the key players on the global digital market, such as the United States, the European Union (EU), and China. It also considers these Members’ very different interests in multilateral and regional negotiations on data governance.

Authors

Publication Details

Journal
Legal Issues of Economic Integration
Published
2025-05-01
DOI
https://doi.org/10.54648/leie2025008
Primary Topic
World Trade Organization Law
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Regulating Data in a Fragmented World: Any Scope for Multilateral Cooperation, or a Path Towards Regulatory De-coupling?

Vitaliy Pogoretskyy, Muhammad Riaz
Legal Issues of Economic Integration
World Trade Organization Law
article

Regulating Data in a Fragmented World: Any Scope for Multilateral Cooperation, or a Path Towards Regulatory De-coupling?

Vitaliy Pogoretskyy, Muhammad Riaz
article en

Abstract

This article explores the technical and legal complexities surrounding the regulation of cross-border data flows, including through data localization measures and source code disclosure requirements, within the World Trade Organization (WTO) legal framework. Despite these issues initially being central to the WTO’s Work Programme and the Joint Statement Initiative (JSI) on ecommerce, no consensus could be reached on how they should be regulated at a multilateral level. The article explains how these issues fit within the current WTO rules and proposes options for future multilateral cooperation on these issues. This proposal takes into account significant differences in how data-related subjects are addressed under domestic law of the key players on the global digital market, such as the United States, the European Union (EU), and China. It also considers these Members’ very different interests in multilateral and regional negotiations on data governance.

Legal Issues of Economic IntegrationVol. 52(Issue 2)
Partnerships for the goals
Openalex Percentile: Top 83%
World Trade Organization Law
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Regulating Data in a Fragmented World: Any Scope for Multilateral Cooperation, or a Path Towards Regulatory De-coupling? — Vitaliy Pogoretskyy, Muhammad Riaz · Legal Issues of Economic Integration (2025) | TGRS Research Map | TGRS