BSA | The Software Alliance welcomes the EU-US Trade and Technology Council (TTC) as an opportunity for the United States and the European Union to advance a data governance vision that reflects a shared commitment to democratic principles, fair and open trade, and inclusive growth. As the world’s largest trading partnership, the EU and the US should lead a global conversation on the rules of the road for the data-driven economy. The TTC can be an outcome-oriented forum that amplifies the many transatlantic similarities in tech and trade policymaking.
More specifically, BSA invites EU and US officials to work together to:
- Advance a data governance vision that reflects our shared commitment to human rights and economic freedoms in the digital environment;
- Develop joint principles for the ethical use of artificial intelligence, especially how to mitigate bias;
- Promote trade norms that prevent data localization requirements; work to remove barriers, including data localization requirements, that harm US and EU market access in third country markets;
- Instill a dialogue on shared objectives regarding data sharing and competition in the digital economy;
- Develop a roadmap to advance sustainability goals with digital technology.
BSA also supports efforts to improve governments and industries capabilities and readiness to address cybersecurity threats, and to foster international cooperation. This includes promoting a secure software ecosystem, strengthening cybersecurity workforce capabilities, supporting policies that enable the development of cutting-edge cybersecurity technologies, and other steps to secure and defend information infrastructure.
In addition, secure and responsible data transfers are critical to the success of many of the policy priorities of the EU and the US, including in the TTC WG. These policies include support for COVID-19 response and recovery, economic development, digital connectivity, cybersecurity, fraud prevention, anti-money laundering, and other activities relating to the protection of health, privacy, and security. These policies also include support for global supply chains, innovation, productivity, and environmental responsibility in every sector of the economy. Shared transatlantic cross-border data policy priorities extend beyond the specific context of the Privacy Shield renegotiation, and we urge both countries to find a way to leverage the TTC to reflect at least some of these shared cross-border data policy priorities.
This document provides an overview of BSA’s main recommendations; we look forward to contributing further to the WGs and offer the global enterprise software perspective as appropriate.
Working Group 5 - Data Governance and Technology Platforms
The TTC can supplement existing transatlantic channels and discussion fora, and serve as a meaningful platform for the EU and US to exchange information on their respective approaches to data governance. This type of exchange should lead to increasing consistency and interoperability of policies where feasible and appropriate. In order to advance discussions on common issues of concern already identified, it will be key to foster mutual understanding of the problem definition and of the existing legislative framework applicable in the EU and the US regarding roles and responsibilities of various types of technology platforms and service providers in the digital ecosystem. Advancing a common transatlantic perspective is made more urgent by the spread of digitally authoritarian policies around the world that threaten our shared democratic values and respect for human rights. If the EU and US wish to live in a future that respects individual human dignity in the digital environment, both partners should be deeply concerned about cross-border data and other technology policies that are used to limit human rights, suppress political dissidents, surveil and control minority populations and other vulnerable groups, and deprive citizens of civic and economic freedoms without due process. G7 Trade Ministers and G7 Leaders have expressed concern about the misuse of such policies “for protectionist and discriminatory purposes, as well as to undermine open societies and democratic values, including freedom of expression,” and we encourage the TTC to continue to advance these priorities.