TPP Holds Major Potential For Digital Services And Commerce

Law360, New York (December 3, 2015, 10:21 AM EST) -- Marty Hansen

Gabe Slater Notwithstanding its title, the electronic commerce chapter (Chapter 14) of the Trans-Pacific Partnership includes commitments that apply well beyond traditional e-commerce to a wide range of digital communications and trade affecting nearly every sector of the economy. Although variations on some of these commitments can be found in prior U.S. free trade agreements or other international instruments, the chapter includes several novel commitments, including on cross-border data transfers, forced localization of computing facilities, and compelled disclosure of software source code.

While these commitments are subject to important carveouts, exceptions and limitations, and businesses will want to consider...

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