At Lerman & Szlak, we are presenting new research developed jointly with the Asociación por los Derechos Civiles (ADC): Trade Agreements and Data Governance in the Digital Economy: The Case of MERCOSUR.
The study examines how existing trade treaties affect the cross-border flow of data. It analyzes key tools such as Adequacy Decisions and Standard Contractual Clauses, as well as the bloc’s regulatory frameworks, and compares them with the experiences of the European Union and the Asia-Pacific Economic Cooperation (APEC) forum.
The research and drafting were carried out by our partners Gabriela Szlak and Celia Lerman, together with our associate Luciano Gutman, as independent consultants, in collaboration with Alejandro E. Segarra and Valeria Milanes, co-executive directors of ADC.
Key Areas of Analysis
The study examines the architecture of regional e-commerce, based on the MERCOSUR E-Commerce Agreement and extra-regional negotiations with key players such as the European Union and Singapore. Throughout the document, it addresses the differing capacities of member countries to implement and enforce their data protection frameworks.
Among the central topics, the study details the mechanisms that enable the international transfer of personal data:
- Adequacy Decisions
- Standard Contractual Clauses (SCCs)
- Binding Corporate Rules (BCRs)
The report also offers a comparative perspective, contrasting MERCOSUR’s situation with other schemes, including the Association of Southeast Asian Nations (ASEAN), the Asia-Pacific Economic Cooperation (APEC) forum, the Cross-Border Privacy Rules (CBPR) system, and the work of the Ibero-American Data Protection Network (RIPD).
ACCESS THE FULL REPORT
Available in Spanish: https://adc.org.ar/wp-content/uploads/2026/10/ADC_Acuerdos_Gobernanza_Datos.pdf
Available in English: https://adc.org.ar/wp-content/uploads/2026/10/ADC_Trade_Agreements_Data_Governance.pdf
