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17 June 2019  
(19-4133) Page: 1/9 
Council for Trade in Services  Original: English  
 
WORK PROGRAMME ON EL ECTRONIC COMMERCE  
 
THE ECONOMIC BENEFIT S OF CROSS -BORDER DATA FLOWS  
COMMUNICATION FROM T HE UNITED STATES  
The following communication, dated 14 June  2019, from the delegation of the United States is being 
circulated to the Members of the Council for Trade in Services.  
 
_______________  
 
 
1  INTRODUCTION  
Over the past few years, several workshops, seminars and various submissions to the 1998 Work 
Programme on Electronic Commerce have raised the importance and relevance of cross -border data 
flows to the digital economy and to the e-commerce discussions at the WTO.1 The following 
submission  explores in greater detail the full extent to which the flow of data across borders has 
created new trade and economic opportunities while also discussing appropriate regulatory 
approaches or responses.   
As a starting point, this submission is intended to review existing research and analysis on how 
data is used to create economic value, to explore aspects of the breadth and scope of data that is 
being colle cted, analysed, and used in the digital economy, and to provide useful context for future 
possible discussions in the WTO regarding policy measures that support digital growth while ensuring 
regulatory balance.  Research carried out by the OECD has clearly demonstrated how the Internet 
and other information and communication technologies (ICT) are driving the development of new 
business models that are transforming how and where goods and services are produced and traded 
(OECD, 2017a and 2018).  This submissi on draws heavily on OECD research and a review of literature 
in this area, which demonstrate that in this digital age, trade and production are heavily dependent 
on moving, storing, and using digital information (data), increasingly across international bo rders.  
The United States is interested in exploring opportunities to share this research with other WTO 
Members in greater depth as a follow up to this submission.  
Discussions held under the Work Programme on Electronic Commerce have highlighted that the 
ubiquitous exchange of data, both within and across borders, has given rise to concerns by 
governments and citizens about the consequences of so much information being collected, 
transferred, and used.  Concerns related to privacy and security have led to ca lls for more regulation 
of the Internet and data flows.  As a result, governments are increasingly seeking to regulate the 
cross-border transfer of data, or requiring that data be stored locally.  
The implications of these measures are not fully understood and have led to a polarized debate.  
On the one hand, there are concerns about the impact of the emerging measures on business activity 
and on the ability to benefit from digital trade; on the other hand, there are concerns about achieving 
legitimate public  policy objectives, such as the protection of privacy.  The challenge is to find the 
balance that enables key public policy objectives to be met while preserving the significant economic 
and trade benefits from data -enabled trade.  
                                                
1 See presentations at "Conference on the Use of Data in the Digital Economy " held 2 -3 October 2017, 
and Communication by the United States, S/C/W/ 359 (17 December 2 014). S/C/W/ 382 
 
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To support further discus sion in the Work Programme in this area, and consistent with Ministers ' 
instructions to "reinvigorate our work ",2 the United States is seeking, through this submission, to 
contribute to Members ' understanding of what data is and how it supports economic ac tivity and 
trade.   
2  DATA AND THE DIGITAL  TRANSFORMATION  
The effect of integrating digital technologies into everyday life and work has been nothing less 
than revolutionary.  Digitalization has permeated every aspect of economic activity and its influence 
is only expected to continue to expand and accelerate.  Digitalization is increasingly empowering 
consumers by giving them access to global information and products from all over the world.  They 
benefit from better preference matching, lower prices, more vari ety, and greater convenience 
(USITC, 2013).  
Digitalization has also given rise to new "information industries " such as cloud computing and 
data analytics, which are now making significant contributions to GDP (OECD, 2017b).  The use of 
data has also transfo rmed manufacturing by fostering a new production revolution and changing 
how food is grown and distributed.  It is also transforming how development assistance providers 
approach and overcome key challenges in improving economic growth, health, disaster pre paredness 
and other development priorities.  
This digital transformation has resulted in an unprecedented increase in the flow of data both 
within and between countries.  Estimates for global bandwidth use show  an annual compound growth 
rate of approximatel y 40% between 2009 and 2013 (TeleGeography, 2015) with recent studies 
suggesting that data transfers were 45 times larger in 2014 than they were in 2005 (MGI, 2016).  
This translates into an estimated contribution of USD  $7.8 trillion to global economic act ivity, or 
10% of global GDP (MGI, 2016). The pace of change shows no signs of slowing.  The size of the 
Internet economy is expected to continue to grow for both developed and developing countries.  
2.1  What is data?  
As data increasingly becomes the lifeblood o f economic activity and trade, it is important to 
understand what it is, how it flows and how value can be derived from its use.  The Internet is a 
"network of networks, " and, as such, it is reliant on the ability to transfer data across networks 
(Mandel, 2 014).  A file sent from one computer to another is first broken into "packets " of information 
and then transmitted through the network to a destination.  Each packet may take a different route, 
depending on the size of the packet and the traffic in the netwo rk, and, upon arrival, the packets 
are reassembled to reproduce the original file.  
It is the application of data that generates value to individuals, businesses, and the economy.  
For example, an Excel file with 100  personal shopping entries may occupy the  same memory space 
as one with 100  personal health records but its underlying value is very different depending on the 
perspective of the final user (whether a supermarket or a health service provider).  The value of data 
can also increase when merged to be come greater than the sum of its parts.  For example, linking 
the shopping entries to an interest in nutrition can target advertisements towards a health -conscious  
shopper.  Moreover, with changing business dynamics, information that is not being used today can 
become valuable tomorrow.  
As an economic category, data has been described as the new oil (The Economist, 2017), but 
this characterisation is misleading.  Although an essential input into the economy, data is not scarce 
and therefore cannot be exhausted  or easily monopolised.  Moreover, the consumption of data by 
one person (or company) does not prevent its consumption by others: data can be replicated and 
transferred at virtually no cost.  Attempting to ring -fence data within a specifc territory, as if it  were 
a scarce resource to be conserved, can be particularly self -defeating: the value of data is often only 
realized when it is integrated into broader, interactive systems using data sets that span different 
populations and territories.  Excluding oneself  from a rich, varied data environment might only deny 
                                                
2 See "Work Programme on Electronic Commerce ", Ministerial Decision  of 13 December 2017 , 
(WT/MIN(17)/65, WT/L/1032 ). S/C/W/ 382 
 
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  an economy valuable insights and efficiencies that such interaction can produce.  Data on health, 
weather, and soil are only a few obvious examples of data sets that benefit from global integration.  
2.2  How do firms use data?  
In a digitised world of global value chains (GVCs), firms are increasingly reliant on data to 
support their activities, whether to undertake research and development (R&D), coordinate 
production, or reach customers and suppliers.  Cross -border flows of data have enabled the 
organisation of international production networks, helping generate the gains associated with global 
value chains (see OECD, 2013b and Kowalski et  al., 2015).  GVCs rely on data being moved across 
borders to provi de overarching control and coordination of geographically dispersed processes.  
Companies use data from their affiliates around the world for a large number of internal, or back -
office, tasks and even routine decisions.  This can include moving human resourc es (HR) data to and 
from headquarters, sending data to R&D facilities located abroad, using cloud -based software, 
managing production processes and engaging in post -sale services.  Efficient supply -chain 
management requires the smooth flow not just of goods , services, and capital, but also of ideas and 
managerial know -how (Baldwin, 2012).  
Access to new, sophisticated, and competitively priced digital solutions can help increase 
productivity, whether through the use of productivity enhancing software and tech nology delivered 
through the Internet or the optimisation of use of current productive resources.  In addition, the use 
of new digital solutions may help reduce supplier search costs and increase the reliability of 
contractual arrangements with internationa l suppliers (Besedes, 2008), which can, in turn, reduce 
hold-ups in international transactions (Ornelas and Turner, 2008).  
Moving data across borders is also an essential component of new and rapidly growing service 
supply models, such as  cloud computing,  big data analytics, and services tied to the emerging 
Internet of Things  (IoT).  These new information industries present new opportunities for businesses 
to engage in international economic activity.  Flow of data can help firms more efficiently reach 
greater scale in the provision of such services, find new customers across distant markets, and 
integrate into expanding or new value chains, and it can be a conduit for the delivery of services 
that were previously hard to trade ( e.g. medical or accountancy s ervices).   
Data is used both as input into production and the delivery of goods and services as well as 
output when, for example, embodied in digital products or services.  The use of data is ubiquitous, 
spanning the entire economy.  We can no longer think o f data as an issue concerning ICT firms, and, 
importantly, the gains associated with the cross -border use of data could be particularly beneficial 
to SMEs and firms in developing countries.  In fact, the most substantial efficiency improvements of 
digital t echnology often accrue to non -ICT sectors, such as health care, transportation, and even 
agriculture (MGI, 2016).  
2.2.1   What types of firms use data?  
As is increasingly evident, data is relevant to every sector of a modern economy, from 
agriculture to transporta tion to manufacturing.  The firms initially most exposed to cross -border data 
flows are those operating in ICT sectors (which are increasingly integrated with all other sectors).  
Examples include those involved in: cloud computing, where information is stor ed and processed on 
remote servers that may not be in the same country as the user accessing them; big -data analytics 
and processing, where large datasets, often originating from different countries, are compiled and 
analysed to inform business decisions o r research outputs; Internet advertising, where companies 
sell or use individualized or aggregated consumer behavior information about online purchasing or 
Internet browsing behavior; or video -streaming channels or services where information on viewing 
preferences can help shape future supply of shows.  
However, cross -border data -use is not limited to technology or ICT firms.  In their day -to-day 
operations, firms in all economic sectors use electronic payment systems for international 
transactions, Internet -based advertising and retailing to reach global customers, and cloud 
computing.  Production of goods and services includes moving information in every step of the 
process.   S/C/W/ 382 
 
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  For example:  
• Large -scale mining operations now routinely manage and even control min ing assets (trucks 
and mining equipment) on a cross -border basis.  
• Car manufacturers are increasingly offering personalized services based on information 
related to driving behavior which can alert the driver to mechanical faults or traffic 
information. Oft en the processing of this information is centralized in a country other than 
that where the car is being driven.  
• In aviation, performance data are collected mid -flight in order to identify potential 
maintenance issues and alert ground -crews to any issues b efore the plane lands.  
• Traditional services, particularly when conducted on a cross -border basis (i.e., through 
mode  1), are invariably reliant on data transfers.  Advisory businesses, such as accounting 
or legal firms, may need to transfer personal inform ation such as purchases by clients, or 
personal documentation on employees.  Firms engaging in medical diagnostic services often 
supply the diagnostics online to the client, but may also require the transfer of medical 
history documents.  Likewise, medical r esearch organisations investigating cures for diseases 
rely on health data being gathered across the globe and analysed centrally.  
• In the agriculture sector, "datafication " is occurring with the increased capacity of sensors 
to transpose the real world into machine readable format.  Although agriculture is often 
represented at the lower end of the digital technology adoption spectrum, processes in 
agriculture and food are inc reasingly digitised.  For example, data gathered by sensors on 
soil moisture, combined with weather forecasts, soil mapping, and crop information can be 
used for the automatic optimisation of an irrigation system.  Increasingly, data  is used to 
respond to gr owing consumer demands for production information.  Product packaging can 
now include the name of the farmer who produced the product, or the laborer who picked 
the fruit that is being sold.  This helps consumers make purchasing decisions and opens up 
new po ssibilities for responding to, and charging premiums for, a range of consumer 
preferences in relation to how goods are produced.  
2.2.2   How does data benefit SMEs and developing countries?  
International data transfers have enabled the creation of a new breed of S MEs: 
"micro -multinationals " that are "born global " (MGI, 2016).  Access to free or competitively priced 
online business services contributes to their competitiveness, helping SMEs overcome traditional 
barriers to engaging in international trade.  For example , cloud computing allows SMEs to access IT 
services with little upfront investment and therefore quickly scale up their IT function in response to 
changes in demand.  Better and faster access to critical knowledge and information can also help 
SMEs overcome  informational disadvantages and compete on a more even footing.  Finally,  the 
Internet and international data transfers help SMEs improve their ability to secure and fulfil global 
contracts and access global supply chains, as well as reach consumers withou t a local presence in 
multiple markets.  As a result, SMEs are increasingly becoming lead firms within  GVCs and connecting 
with other SMEs as providers of inputs (Meltzer, 2015).  
The opportunities provided by the digital age are not limited to firms in deve loped countries. In 
developing countries, Internet access is increasingly available on mobile devices, which opens a 
range of new economic opportunities.  Mobile devices are being used to contact customers, execute 
financial transactions, establish client d atabases, and coordinate just -in-time supply chain deliveries 
at home and abroad.  Firms in developing countries can overcome the high costs of engaging in 
international trade through their use of data -enabled digital solutions helping them to conduct 
marke t research, make strategic decisions and stay in touch with customers globally.  Firms in 
developing countries are also able to access  technologically sophisticated and competitively priced 
digital business inputs that may not be available in the domestic m arket, such as legal, financial, 
and accounting services, thereby improving their ability to compete globally.  All these opportunities 
are based on access to, and the movement of, data across borders.  
According to the Asia -Pacific MSME Trade Coalition (AMT C), the use of digital technology can 
lower export costs of MSMEs by as much as 40 percent for manufacturers and 82 percent for service S/C/W/ 382 
 
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  providers.  AMTC members have identified cross -border data restrictions as one of four key regulatory 
issues of particula r concern for MSMEs, recognizing that laws that limit the ability of companies to 
move data freely across borders can affect the opportunities for Internet -enabled trade.  The 
Coalition notes that smaller firms can be shut out of the domestic and internatio nal Internet economy 
completely if they cannot access affordable computing and data services (Asia Pacific MSME Trade 
Coalition 2018).    
2.2.3   Innovation and utilization of digital technology to expand economic opportunities  
Digital advancements are driving inn ovation across the financial and electronic payments sector  
 
Kenya 's mobile phone -based financial services platform M -Pesa recently launched a service that 
allows its users to send and receive money globally. M -Pesa is a mobile phone -based payment and 
money transfer service that relies on the cross -border transfer of data.  It "allows users to deposit 
money into an account stored on their cell phones, to send balances using SMS technology to other 
users (including sellers of goods and services), and to rede em deposits for regular money " (Jack and 
Suri, 2010).  With the November 2018 rollout of M -Pesa Global, users can send and receive digital 
money balances to other users in East Africa, send and receive money globally with Western Union 
and other money transfer services, and transfer money directly to bank accounts in select countries  
(Safaricom, 2018).   
A number of traditional African financial institutions are also leveraging technology to expand 
regionally.  Ecobank, based in Togo and founded in 1985, now has branches in 33 countries, more 
than any other African Bank.  Standard Bank of South Africa operates in 20 African countries, and 
United Bank for Africa based in Nigeria has a similar regional reach.  Technology has been cited as a 
major factor in thi s regional expansion.  Ecobank designs and processes data centrally, enabling it to 
provide services even where it does not have a physical presence.  Ecobank 's mobile application  has 
over 5 million users (Economist, 2018).    
Mobile Apps and Games   
 
Development of mobile applications ( i.e., "apps"), continues to be a growing business around 
the world.  Chinese firms such as Tencent and Alibaba, as well as the Indian firm Jio, are among the 
top app developers by worldwide downloads.  The demand for downl oadable apps is also growing 
across diverse markets, with China, Brazil, India, and Russia making up four of the top five download 
markets in the world. Entrepreneurs across the globe are creating applications for Apple and Android 
platforms.  
A study by t he Progressive Policy Institute estimated that in 2015 Vietnam had roughly 29,000 
"App Economy " jobs across the country, the largest in the ASEAN region.  A similar analysis for Latin 
America found that in 2016 Argentina had approximately 33,250 jobs in thi s field, including large 
technology firms such as MercadoLibre, Despegar, Globant, and OLX.  The App Economy includes 
those developing the applications as well as the sales people, project managers, database 
programmers and related workers.  The app industry  in Vietnam includes local programmers and 
firms as well as foreign invested firms from Japan, the United States and elsewhere (Mandel 2015).   
Mobile apps that facilitate business in the sharing economy have also spread rapidly in 
developing countries.  Singaporean firm Grab acquired the U.S. firm Uber 's operations in Cambodia, 
Indonesia, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam in early 2018.  Go-
jek in Indonesia and Ola in India are other examples of mobile based apps that rely o n the ability to 
process user data centrally while providing transportation services in multiple economies.  
Audio Visual Innovation  
 
The USITC has recently examined the market for digital music, encompassing streamed or 
downloaded content such as recorded  songs, concerts (live and recorded), online radio, and 
podcasts.  Digital streaming has overtaken all other modes of music consumption to become the 
largest driver of growth for the music industry.  Similar to video, technology advances and changing 
consume r habits have led the music industry from a traditional per -song and per -album model to 
formats that provide unlimited streaming content.  This change has largely been spurred by the 
spread of smartphones and advancements in cloud technologies that support large-scale data S/C/W/ 382 
 
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  storage and transfer.  Cloud technology has enabled music streaming companies to provide 
consumers with seamless access (whether subscription - or advertising -supported) to a global 
catalog of music without costly storage requirements (USITC  2017).  
There are several regional music streaming services in Africa, including Mdundo (Kenya), Spinlet 
(Nigeria), iRoking (Nigeria), Tigo Music (Tanzania), and Simfy Africa (South Africa).  These platforms 
focus on regional African content and enable loca l musicians to reach larger audiences. Music 
streaming platforms like these rely on cross -border data flows to supply users with content.  In 
November 2018, Universal Music Group struck a licensing deal with Boomplay, a fast -growing African 
music streaming service available in Nigeria, Ghana, Kenya, Tanzania, Rwanda, Uganda and Zambia. 
Boomplay is owned by Transsion Holdings, a Chinese manufacturer that overtook Samsung in 2018 
to become the number one smartphone company by sales in Africa.  
3  EMERGING REGULATO RY CHALLENGES  
Digitalization is increasing the scale, scope, and speed of trade, allowing firms to bring new 
products and services to a larger number of digitally connected customers across the globe.  It also 
enables firms, notably smaller ones, to use new  and innovative digital tools to overcome barriers to 
growth, helping facilitate payments, enabling collaboration, avoiding investment in fixed assets 
through the use of cloud -based services, and using alternative funding mechanisms such as 
crowdfunding.  The lifeblood of this new economy is data.  
One key issue governments are grappling with is treatment of personal data.  Businesses use 
different types of data in their operations: corporate data, end -customer data, human resources 
data, merchant data, commun ications data, and technical data (to name but a few).  Much of this 
data can be considered "personally identifiable, " defined by the OECD Privacy Framework (and 
reflected in many national laws) as "any information relating to an identified or identifiable individual 
(data subject). " This implies that if one aspect of a piece or set of data is identifiable, then all aspects 
of that data become personal.  Conflicting definitions of what is considered personal data across 
different jurisdictions (National Board  of Trade, 2014 and 2015a) further complicate efforts to define 
the boundaries of what is and what is not personal.  As a concept, personal data is therefore hard to 
pin down, with the potential for emerging regulation to affect data beyond that traditional ly 
considered personal in any given country.   
Beyond differently defining personally identifiable information, varied regimes can also result in 
disparate rules regarding how data must be processed.  While there is some global consensus around 
privacy stand ards, such as reflected in the OECD guidelines, this regulatory fragmentation can lead 
to increased compliance difficulties and costs.  The trade impact can be significant, since firms 
increasingly rely on data transfers in support of their business activit y and, in many instances, such 
data transfers relate to personally identifiable data subjects.  The National Board of Trade (2015) 
highlights the following ways in which personal data is used by firms:  
• Research and development  increasingly require coordinat ing researchers, scientists, 
designers and IT specialists working in different places and sharing ideas, information, 
prototypes and test data.  
• Human resource management is important for the coordination of multinational activity. 
Much of the data involve d in human resource management processes is of a personal nature.  
• Coordinating processes of production and supply chain management . Exercising 
overarching control and coordination across geographically spread -out production requires 
moving data across diff erent locations to organize input flows of goods and services, working 
with subcontractors and suppliers, and handling internal operations.  This requires, inter alia , 
sending data about inventories, sales, demand forecasts, order status, human resources an d 
production schedules, much of which may relate to an individual person.  
• In-plant production . As production becomes increasingly mechanised, data transfers are 
needed to instruct robotics. Sensors, on the work floor, send real -time data that can then 
be analysed and used to take action. Increasingly, such in -plant production requires the 
transfer of data which contains personal information: data used in the actions by employees 
working alongside robots (so -called "cobots ") need to be transferred.  In the ca se of S/C/W/ 382 
 
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  agricultural supply chains, firms are increasingly sharing information with consumers about 
the persons engaged in the process of producing and delivering agricultural products.  
• Sales and post -sales . Firms are always searching for customers and they often rely on 
advertising and data gathered from previous customers or researchers.  Increasingly, firms 
are specialising in after -sales services the efficient provision of which requires monitoring 
the performance of sold products in view of handling maint enance, repairs, and spare parts.  
There is also a component of consumer interaction of usage of products sold which involves 
moving data.  
Apart from privacy concerns, sen sitive business data is also attractive to malicious actors, and 
governments are activ ely considering regulations, best practices, standards and frameworks to 
enhance security. Whether to protect personal data, or other commercially sensitive data, one 
approach has been prohibit its export, on the assumption that local storage and processin g is less 
risky.  In fact, the opposite is often the case: well -developed processes and technologies, bringing 
to bear specialized expertise economies of scale in cybersecurity, often make foreign storage and 
processing superior to what can be obtained in m any local markets.  
Given companies ' need to move data across borders to effectively participate in a digital 
ecosystem of data storage, processing, and analytics, disparate and sometimes conflicting regulatory 
requirements, such as those related to privacy  and security, are a continuous and pressing challenge 
for governments and companies alike.  In many ways, the challenge is not unlike that faced with 
respect to the safety or reliability of physical products, for which trade rules have long sought to 
provide practical solutions to enable trade: where possible, international standards can provide a 
common baseline a product or service must meet to be able to be traded.  
Where national standards diverge, either based on differing values or the lack of an inter national 
consensus, mechanisms to ensure that national requirements are respected and can be enforced 
can be instituted between economies  - so called "interoperability regimes. " For security, there are 
now numerous ISO standards that companies can adopt to  demonstrate compliance with consensus 
best practices.  Privacy regimes have evolved more autonomously, but several interoperability 
regimes have emerged to address the trade challenge, most notably the Privacy Shield between the 
United States and the EU an d the APEC Cross -border Privacy Rules system.  Working to ensure that 
such mechanisms have a recognized status under trade rules  - similar to the status of standards 
and mutual recognition arrangements  - is one possible way to advance this issue.  
4  CONCLUSION  
Digital infrastructures such as the Internet evolved globally, but they raise challenges for 
domestic and international policy in a world where borders and regulatory differences among 
countries remain.  Reaping the benefits of digitalization for trade wil l increasingly require 
international dialogue on approaches that ensure the interoperability of differing regulatory regimes, 
whether for data or other transversal issues.  Trade agreements recognize Parties ' right to regulate, 
but also seek to provide cert ainty that such regulation is achieved in a transparent manner, is applied 
in a non -discriminatory way, and, that it does not unduly burden trade.   
 
This submission is designed to complement the ongoing negotiations for an ambitious 
agreement on e -commerce  and digital trade.  It is important that all WTO Members, whether or not 
they are participating in those negotiations, are informed about the various trade implications of 
cross-border data flows and policy responses to the challenges posed.  Next steps in this endeavour 
could include inviting international bodies such as the OECD and APEC to present their latest work 
in this area to a future CTS meeting.  The CTS could also examine the mechanisms being developed 
that address privacy issues in a manner that i s least trade restrictive, allowing trade to flourish while 
preserving legitimate public policy objectives.    
 
 
 
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