Il regolamento di diritto economico internazionale sul commercio digitale

their borders. Furthermore, GATS encourages its members to collaborate to develop and enhance compatibility between their serval municipal legislations. A reasonable implementation of GATS rules on openness and acknowledgment could be recommended to promote confidence in the digital trade environment for all parties involved, such as States, businesses, customers, users, and so on. Indeed, greater reliance on the WTO system would benefit international economic cooperation. People do business with people they can rely on and trust, which is true not only in everyday life, but also in economic and commercial matters. Then, it would be appropriate to include new subject areas in WTO law, such as obligations or commitments aimed at preventing the implementation of data-restrictive measures, promoting cross-border data flows, and mandating Members to approve essential frameworks on privacy and data protection that are common to all actors. Instead of the GATS system, it may be more effective to introduce mechanisms to facilitate dialogue and international cooperation among international trade actors, to improve the regulatory framework in the context of cross-border data issues, and to draft a WTO declaration stating the fundamental principles of data flows that cannot be deviated from. Furthermore, because of the WTO’s numerous memberships and the wide consensus which this international organization benefits from, it would be possible to support WTO regulatory assistance in various forms by providing assistance for dialogue, encouraging information exchange, and cooperation among Members. In conclusion, despite the insecurity and constant change of digital trade, and the consequent difficulty in achieving effective human rights protection, the WTO, as the most important trade institution, can have a major impact in providing a new approach to superior balance openness in trade, through the free flow of personal data with the establishment of solid and secure legislation to encourage the right to privacy and personal data, by collaborating with international and multi stakeholder organizations discipline that encompasses all of the most important aspects of data governance and privacy law.

Digital commerce and transnational data are inextricably connected as international trade arbitration is ruled by dataflow, which is the foundation of digital commerce that has grown out of the necessity of world society to advanced rules and regulations which behoves international trade agreements concerning both dataflow and private security, thereby a group of international trade agreements includes rules that deal with the protection of data and private security, such as the general data protection regulation (GDPR) which consider as a fundamental human right the right to privacy and data protection. On the stage of global trade, the World Trade Organization plays an important role in dealing with the global rules of trade between nations. Its main function is to ensure data constrictive measures by operating a global system of trade rules, acts as a forum for negotiating trade agreements, and it settles trade disputes between its members by providing instruments to reduce an amount of obligation by avoiding any violation of the agreement. In Europe, the UN legislation governs every international commercial transaction regarding European individuals’ personal data for both businesses conducted within the EU or not, which upshot the European and international suppliers of good and services. However, the goal of my dissertation is to realize an equilibrium between the fast development of international trade and the instruments to protect the fundamental right to privacy and data protection. The main question is about accomplishing a legally effective international regulations to protect data from cross-border flowse and promote digital trade? raising the international consensus on this problem and promoting privacy and data protection as a fundamental right by creating advance mechanisms and law according to a universal legislations framework to support its acceptance on both levels national and international. The first impediment to trade transparency is about distinctive views on privacy and data security; each state interprets its vision according to its community requirements and expectation. As some nations declare, the right to privacy is regarded as a basic human right that is guaranteed by a spatial approach to data security, and that is not the case in other states that regard privacy as a consumer right, and instead take an accountability-based approach, even though the Organization for Economic Cooperation and Development (OECD) has published privacy standards, but unfortunately they are neither obligatory nor universally accepted. The second impediment to achieving a balance between commercial openness and privacy is the continuous evolution of the nature of privacy, considering the changes that the digital world endures daily. Governments must take action to protect the right to privacy and personal data security through legislation, such as data-restrictive measures; The General Agreement on Trade in Services (GATS) which was created to include services in the multilateral trading system that promotes market access, non-discrimination, fair competition, and regulatory flexibility, allowing business from different countries to access foreign markets and offer its services to consumers worldwide, has the potential to provide a real equilibrium between the economic aspect, which facilitates cross-border data transfers, and the human rights aspect, that allows Members to protect the right to privacy and data security within