With the increase in Internet penetration and technological advancement, e-commerce is rapidly growing in Latin America. The COVID pandemic contributed to accelerate this process in the region, boosting the growth of the Latin American market by 38%, and bringing more than 10 million consumers to make their first online purchase in 2020. At the same time, the Latin American tech sector still lags behind its international counterparts, accounting only for 3.8% of GDP. This suggests that the scaling of e-commerce will often depend on the use of technologies (such as cloud architectures) that are sourced from other jurisdictions, typically implicating international data flows, and raising questions of compliance with data protection law. In addition, data transfers in e-commerce may occur between data controllers and foreign providers of added-value services (such as analytics or productivity software) that help making effective use of collected data. This panel will explore the main regional approaches to data transfers, including the mechanisms chosen by national legislation, the emerging technological or market solutions, and the international effort to harmonize the existing framework.
• Latin American countries have a variety of different solutions in the regulation of data transfers. What are the latest developments at the regional and national level?
• Does e-commerce raise any particular challenges for data transfers regulation, and would a sector-specific approach be warranted?
• What is the impact of GDPR, and in particular the Schrems II decision by the European Court of Justice, on Latin American data transfers?
• Are international trade agreements an appropriate tool to promote a balanced and uniform approach to data transfers in the region?