On January 31, 2018, the European Commission (the “Commission”) endorsed horizontal clauses on cross-border data flows, data protection and privacy in trade and investment agreements (the “Proposal”).1 These clauses, if agreed on by EU member states, will serve as the starting point for negotiations on provisions to be included in Free Trade Agreements (“FTAs”) and Bilateral Investment Treaties (“BITs”) between the European Union (“EU”) and third countries.

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