Data as Assets in Foreign Direct Investment: Is China’s National Data Governance Compatible with its International Investment Agreements?

    Research output: Contribution to journalArticleAcademicpeer-review

    Abstract

    To foreign investors, data, either collected and processed before or after market entry in the host state, can be regarded as a part of the investment and subject to the protection of the applicable international investment agreements (IIAs). China has been developing rigorous and stringent data governance such as data localization requirements and mandatory business-to-government data sharing, and has also concluded the world's second largest IIA regime that provides sweeping investment protection. There is a risk of incompatibility between China's national data policies and its IIA obligations. Foreign investors may challenge China's national laws and practices on data governance, for alleged breaches of investor's protection obligations in Chinese IIAs, or breaches of the data residency provisions in Chinese trade and investment agreements. As a result, potential exists for such claims to be brought against China in investor-state arbitration.
    Original languageEnglish
    Number of pages23
    JournalAsian Journal of International Law
    Publication statusE-pub ahead of print - 21 Nov 2022

    Bibliographical note

    © The Author(s), 2022. Published by Cambridge University Press on behalf of the Asian Society of International Law

    Fingerprint

    Dive into the research topics of 'Data as Assets in Foreign Direct Investment: Is China’s National Data Governance Compatible with its International Investment Agreements?'. Together they form a unique fingerprint.

    Cite this