| Summary: | 碩士 === 國立政治大學 === 國際經營與貿易研究所 === 103 === The issue of trans-border data flow has been treated as one of those significant trade liberalization topics while global electronic commerce continues to surge and countries are striving to build common ground on the balance between data flow as well as data protection. Among these efforts of trade integration, “necessity test” was proposed when the members within TPP go further to negotiate whether the regulation of “localization data center” should be banned or not. In this article, we will conduct analysis toward how will the test work with potentially disputing measures and provide suggestions for Taiwan’s legislation to be geared to international treaties and standards.
Through documentary analysis, factors evaluated against possible alternative measures when exercising necessity tests are summed up as contribution made by the compliance measure to the enforcement of the law or regulation at issue, the importance of the common interests or values protected by that law or regulation, and the accompanying impact of the law or regulation on imports or exports. Furthermore, as what has been shown by analyzing the Australian measure, we concluded that jurisdiction, techniques, international cooperation and administrative costs should also be taken into account. However, due to the lack of more practical measures and the topic in Taiwan’s concluded trade agreements is still in its infancy, I suggested that related authority can take the Australia’s measure as an example on basis of the above-mentioned factors.
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