{"id":53232,"date":"2019-10-18T17:48:18","date_gmt":"2019-10-18T12:18:18","guid":{"rendered":"https:\/\/blogadmin.forumias.com\/?page_id=53232"},"modified":"2019-10-18T17:48:24","modified_gmt":"2019-10-18T12:18:24","slug":"answered-india-must-not-trade-away-its-national-data-rights-at-the-regional-comprehensive-economic-partnership-negotiations-comment","status":"publish","type":"page","link":"https:\/\/forumias.com\/blog\/answered-india-must-not-trade-away-its-national-data-rights-at-the-regional-comprehensive-economic-partnership-negotiations-comment\/","title":{"rendered":"[Answered] \u201cIndia must not trade away its national data rights at the Regional Comprehensive Economic Partnership negotiations.\u201d Comment"},"content":{"rendered":"\n
Demand of the question<\/strong>
Introduction. <\/strong>Contextual Introduction.
Body. <\/strong>Issue of data localisation. Other issues related to joining RCEP.
Conclusion. <\/strong>Way forward. <\/td><\/tr><\/tbody><\/table>\n\n\n\n

The proposed Regional Comprehensive Economic Partnership (RCEP) is gigantic in size and scope. It aims to create a free trade zone of 10 ASEAN nations and Australia, China, India, Japan, South Korea and New Zealand. The region is home to almost half of the world\u2019s population and hold a great potential for India\u2019s exports. But there are some issues and concerns that goes against Indian interests and stop it from joining RCEP. <\/p>\n\n\n\n

Issue\nof right for Data regulation in RCEP:<\/strong><\/p>\n\n\n\n

  1. The\ne-commerce chapter contains clauses that, if India had agreed to them, would\nhave prevented it from implementing data localisation rules on companies doing\nbusiness in India. <\/li>
  2. The section\non transfers of information and processing of information says that \u201ca party\nshall not take measures that prevent transfers of information, including\ntransfers of data by electronic or other means.\u201d<\/li>
  3. Basically\nIndia cannot be prevented from asking financial companies to maintain a copy of\ntheir data within India, but it is unclear still whether India can mandate that\nsuch data must only reside within the country.<\/li><\/ol>\n\n\n\n

    Why data control is\nnecessary for India?<\/strong><\/p>\n\n\n\n

    1. Data\nlocalisation is necessary to secure citizen\u2019s data and their privacy. It will\nnot only enhance the nation’s\nsecurity but would also lead to economic and technological advancement of the\ncountry.<\/li>
    2. Indian\nusers\u2019 data is stored outside the country. This could lead to a situation of\nconflict of jurisdiction in case of any dispute. Thus Data localisation would\nhelp Indian judiciary to deal with situations of conflict according to Data norms.<\/li>
    3. Digital\ntechnologies like machine learning (ML), artificial intelligence (AI) and\nInternet of Things (IoT) can generate tremendous value out of various data.\nData localisation would enable India to en-cash upon the data generated through\nthese technologies.<\/li>
    4. This will\nbenefit India by creating a local ecosystem of data and data centres. It will\nprovide jobs and livelihood to many.<\/li>
    5. International\ncompanies by entering Indian market will carry technology and experience with\nit. Data localisation is an opportunity for Indian technology companies to\ngrow.<\/li>
    6. It will\nenhance cyber security framework of India by providing valuable inputs and\nexperience.<\/li><\/ol>\n\n\n\n

      Other issues related to\nIndia joining RCEP:<\/strong><\/p>\n\n\n\n

      1. RCEP will,\nremove customs duty on about 80-85% of items. The result will be that Chinese\ngoods will flood the Indian market even more. Once the pact is enforced, India\nwill give more market access to China and our trade deficit will increase\nfurther.<\/li>
      2. Assuming\nthat India and China agree to eliminate customs duties on 85% of bilateral\ntrade, Chinese goods imports worth $62.3 billion (85% of $73.3 billion) will\nbecome duty free. This will lead to an estimated loss of $6.2 billion to the\nexchequer, going by the fact that India’s average customs duty is 10%, assuming\nthat the concessions are given at one go.<\/li>
      3. RCEP would\nfavour ASEAN and Chinese interests more than Indian interest as these countries\nare already taking over as major exports centre in the new global order.<\/li>
      4. While trade\ndeficit with ASEAN has grown four-fold during the implementation of ASEAN-India\nFTA, deficits with Japan and Korea have roughly doubled after the two CEPAs\nwere implemented. Thus RCEP would further increase this deficit.<\/li><\/ol>\n\n\n\n

        India should make multi-sectoral reforms in order to make its exports more competitive than other countries especially China. It should not jeopardise it\u2019s interests and try to negotiate with RCEP countries to work for rules that are fair and in India\u2019s interests. Instead of RCEP Indian may go for bilateral trade agreements with ASEAN countries in favour of India. RCEP although is an ambitious trade project Amy jeopardise India\u2019s interests and freedom in formulating trade policies on its favour. Overall impact of RCEP can be negative and may not be favourable for India.<\/p>\n","protected":false},"excerpt":{"rendered":"

        Demand of the question Introduction. Contextual Introduction. Body. Issue of data localisation. Other issues related to joining RCEP. Conclusion. Way forward. The proposed Regional Comprehensive Economic Partnership (RCEP) is gigantic in size and scope. It aims to create a free trade zone of 10 ASEAN nations and Australia, China, India, Japan, South Korea and New… Continue reading [Answered] \u201cIndia must not trade away its national data rights at the Regional Comprehensive Economic Partnership negotiations.\u201d Comment<\/span><\/a><\/p>\n","protected":false},"author":61,"featured_media":49132,"parent":0,"menu_order":0,"comment_status":"open","ping_status":"closed","template":"","meta":{"jetpack_post_was_ever_published":false,"footnotes":""},"class_list":["post-53232","page","type-page","status-publish","has-post-thumbnail","hentry","entry"],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53232","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/users\/61"}],"replies":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/comments?post=53232"}],"version-history":[{"count":0,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/pages\/53232\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media\/49132"}],"wp:attachment":[{"href":"https:\/\/forumias.com\/blog\/wp-json\/wp\/v2\/media?parent=53232"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}