United States–Mexico–Canada Agreement: Digital Trade Provisions NAFTA 2.0 meets the Internet

The United States–Mexico–Canada Agreement (USMCA) enters into effect on July 1, 2020. Nicknamed “NAFTA 2.0” because it replaces the North America Free Trade Agreement (NAFTA), the USMCA addresses a number issues that had not been tackled by its predecessor, conceived and negotiated almost 30 years ago, at the down of the commercial Internet. In its Chapter 19 – Digital Trade, the USMCA focuses on the trading of digital products, such as computer programs, image, text, video, sound recording or other products that are digitally encoded and can be transmitted electronically. Several Articles focus on cybersecurity, privacy, data localization, and cross-border data transfers, which should be of interest to cloud providers and cloud users.  Other areas of interest include, protection against unsolicited commercial communication, source code protection, prohibition against the application of customs duties, and internet platform liability for third party content.

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Mexico’s New Federal Law on the Protection of Personal Data

Francoise Gilbert

Mexico’s new Ley Federal de Protección de Datos Personales en Posesión de los Particulares (Federal Law on the Protection of Personal Data Possessed by Private Persons) became effective on July 6, 2010. The Law is “of public order,” which means that contract provisions that conflict with it are unenforceable.

The Federal Institute for Access to Information and Data Protection (IFAI) is charged with issuing regulations and enforcing the Law. The regulations are expected to be issued within one year, and the Law will not be enforced until January 2012. (more…)

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