BusinessEuro e CEO Dialogue
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Brussels, 10 November 2022
Data Free Flow with Trust
In their Ministerial Declaration of 28 April 2021, G7 Technology Ministers recognised the
importance of the work that is ongoing at the OECD to deepen the existing OECD Privacy
Guidelines, by formulating guarantees against data localisation and disproportionate
government interference. The declaration contains the following section on DFFT, as well
as a dedicated “G7 Roadmap for Cooperation on DFFT” as an annex:
G7 Ministerial Declaration, 28 April 2021 - A G7 Roadmap for Cooperation on Data
Free Flow with Trust:
The ability to move data across borders is essential for economic growth and innovation.
COVID-19 has demonstrated the need for data free flow with trust and its role in the global
recovery. We recognise the importance of unlocking the power of data in our economies
and our societies, while continuing to address challenges related to privacy, data
protection, intellectual property rights, and security. We believe that it is vital we work
together to better leverage the potential of valuable data-driven technologies, promote
international cooperation to drive benefits for our economies and societies, and ensure
personal data are appropriately protected, while recognising our varied approaches to
data governance. Building on the 2019 G20 Osaka Leaders’ Declaration, the 2019 G20
Ministerial Statement on Trade and Digital Economy, and the 2020 G20 Leaders’ Riyadh
Declaration, we will draw upon our shared values as like-minded, democratic, open and
outward looking nations to support a plan of work which realises the benefits of data free
flow with trust. To deliver this, we endorse a Roadmap for Cooperation on Data Free Flow
with Trust (Annex 2) which sets out our plan for delivering tangible progress on this
agenda, building confidence for businesses and individuals to use technology, as well as
driving economic and social value. As part of this Roadmap, we will work to accelerate the
development of mutually acceptable data sharing practices for agreed priority sectors, and
we will build evidence on the economic and societal impacts of data localisation
measures. We wil also champion progress of the OECD’s work on ‘Mapping
commonalities in regulatory approaches to cross-border data transfers’ and on trusted
‘Government access to personal data held by the private sector’.
In the G20 Ministerial Declaration of 5 August 2021 on Data Free Flow with Trust, Digital
Economy Ministers recognised the opportunities of data free flow with trust and cross-
border data flows, and the need to address challenges (such as those related to privacy,
data protection, intellectual property rights and security), including by identifying
commonalities between existing approaches and instruments used to enable data to flow
with trust across borders. Against this backdrop, they acknowledged the work of the
OECD on ‘Mapping Commonalities in Regulatory Approaches to Cross-border Data
Transfers’ which identifies the “commonalities, complementarities and elements of
convergence” across different approaches, acknowledging that such commonalities can
foster future interoperability.
This is a significant change of language by the international community (and notably the
G20
and
the
OECD)
that
previously
tended
to
put
the
emphasis
on
differences/divergences between privacy frameworks and stressed that this was a
problem from an economic/commercial point of view that needed to be overcome by
making these different/divergent systems “interoperable”. The new language based on
commonalities and convergence is clearly much closer to our narrative, and interestingly
makes such convergence a pre-condition to facilitate data flows and foster “future”
interoperability.
G20 Leaders’ Declaration, Rome 31 October 2021:
48. We acknowledge the importance of data free flow with trust and cross-border data
flows. We reaffirm the role of data for development. We will continue to work on
addressing challenges such as those related to privacy, data protection, security and
intellectual property rights, in accordance with the relevant applicable legal frameworks.
Topics for discussion
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BusinessEurope CEO Dialogue
Brussels, 10 November 2022
We will also continue to further common understanding and Page 16 of 20 to work
towards identifying commonalities, complementarities and elements of convergence
between existing regulatory approaches and instruments enabling data to flow with trust,
in order to foster future interoperability. Recognizing the responsibility of digital service
providers, we will work in 2022 towards enhancing confidence in the digital environment
by improving internet safety and countering online abuse, hate speech, online violence
and terrorism while protecting human rights and fundamental freedoms. We remain
committed to protecting the most vulnerable, and acknowledge the G20 High Level
Principles for Children Protection and Empowerment in the Digital Environment, drawn
from the OECD Recommendation on Children in the Digital Environment and other
relevant tools, such as the ITU 2020 Guidelines on Child Online Protection.”
G7 Digital Ministers’ Declaration, Düsseldorf 11 May 2022
23. Building upon the Leaders’ G20 Rome Declaration, we wil strengthen our efforts to
further our common understanding and to work towards identifying commonalities,
complementarities and elements of convergence between existing regulatory approaches
and instruments enabling data to flow with trust, in order to foster future interoperability.
24. With the adoption of the G7 Action Plan for Promoting Data Free Flow with Trust, we
express our commitment to strengthening the evidence base for DFFT, building on
commonalities in order to foster future interoperability, continuing regulatory cooperation,
promoting DFFT in the context of digital trade, and sharing knowledge about the
prospects for international data spaces.
G7 Action Plan for Promoting Data Free Flow with Trust
2.
Building on commonalities in order to foster future interoperability: Build upon
commonalities, complementarities and elements of convergence between existing
regulatory approaches and instruments enabling data to flow with trust, in order to foster
future interoperability. This may include further analysis of increasingly common practices
such as standard contractual clauses and potential of technologies that enhance trust. We
also continue to support work at the OECD to identify common practices, including the
work of the drafting group on trusted ‘Government access to personal data held by the
private sector’, which aims at developing high-level principles on government access to
personal data held by the private sector, to facilitate DFFT.
In the “European strategy for data” adopted on 19 February 2020, the College
agreed that:
“The EU wil also actively promote its standards and its values with its partners around the
world. It will work in multilateral fora to fight abuses such as the disproportionate access of
governments to data, for example access to personal data that is not in line with the EU’s
data protection rules. In order to promote the European model around the world, the EU
will work with trusted partners sharing the same standards and values, to support others
who wish to give their citizens greater control over their data, in line with values they share
with Europe.”
Contacts–briefing contribution:
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Topics for discussion
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