Opening remarks at the European Commission's high-level roundtable on safe data flows

Opening remarks - high-level roundtable on safe data flows

Dear Ministers, Dear guests, Ladies and Gentlemen,

It is a pleasure to welcome you all here in Brussels, and online, for this high-level roundtable on safe data flows.

We were delighted to see the interest and commitment you expressed for this meeting.

This meeting is unique. Not only because it is the first time that we meet altogether as a group but also because, a few years ago we would probably have not seen the same need for such a meeting.

Protecting privacy and facilitating safe data flows have emerged as common goals that bring our countries together.

They are a central component of our like-mindedness.

The efforts we have put to protect these principles have contributed to an unprecedented level of convergence. This is particularly important and beneficial for the borderless digital economy.

Safe data flows are the backbone of the digital economy. They underpin international trade and many other forms of international cooperation. They significantly contribute to innovation and research and development across sector, including health.

It is not surprising that these issues have increasingly become a focus of strategic policy consideration. In fact, privacy and data flows moved to the top of the agenda of many international fora such as the G7, the G20, or the OECD, just to mention a few examples.

What used to be a matter of national polices or bilateral relations, now requires going beyond these dimensions, towards a more multilateral one.

That corresponds also to the reality of the digital economy: data often flow to multiple destinations, simultaneously (such as hub and spoke) or consecutively (for example processing chains with multiple actors).

Today's meeting does not aim to replace discussion on these matters that already take place in multiple international fora. They rather contribute to them through our shared values and common experience.

Our group, by its unique and diverse composition, offers the opportunity to advance concrete, pragmatic proposals that can resonate in our different countries and continents.

We all know that there are no trusted data flows, without rights and safeguards to protect consumers and without robust enforcers to ensure fairness and competitivity in the digital economy.

Our discussion today will be organised around two themes:

First, we will discuss how to maximise safe data flows, among our jurisdictions, as a network, and beyond.

Our second theme will focus on how the convergence that facilitates data flows can also be supported through strengthened cooperation on enforcement matters.

As explained, this discussion is solution oriented, and it does not have fixed, pre-determined outcome.

I am very interested in hearing your ideas and identifying together practical solutions that could be followed-up either at a global, political or technical level.

I very much look forward to your contribution and active participation.

Without further a due, let us begin.

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For the first theme of the day, we suggest discussing avenues to maximise safe data flows as a network.

As this group shows, there is a critical mass of countries around the world that share the importance of having clear, predictable, and enforceable mechanisms for safe data flows.

As part of our discussions, we would be interested to hear about efforts you have undertaken or efforts that could be made by this group to further facilitate safe data flows.

We have, for instance, noticed recent and very interesting developments that aim at “bridging” or connecting different transfer mechanisms. This has concerned, amongst others, mutual adequacy arrangements or model contractual clauses that are used by an increasing number of jurisdictions within and outside our group.

How could we further build on these developments? Within our group, they could help better connecting the different “sides” of the network. Outside our group, they can help extending the network, be a multiplier effect in terms of safe data flows.

Another aspect that probably deserves our attention is government access to data.

Clarity and transparency around safeguards applying to how government can access data for public interest reasons is an increasingly important component of trust in data flows. As for example also shown by the Executive Order adopted by President Biden last week.

A very significant development in this regard is the adoption in 2022 the first ever international instrument addressing these challenges: the OECD Declaration on Government Access to Data Held by Private Entities.

This instrument's objective is to improve trust in cross-border data flows by laying out standards shared by its signatories and applying to public authorities' access to data, including for law enforcement and national security purposes. I believe it is a very important development. And while this document was developed in the framework of the OECD, it is also open to non-members. Should this group work to promote adherence to this Declaration?

More generally, are there other initiatives carried out in international fora that we, as a group, could help promoting?