A Preliminary Mapping of Measures Affecting the Cross-Border Flow of Non-Personal Data

The cross-border flow of non-personal data (NPD) is essential to the functioning of a globalised, increasingly interconnected, and automated economy. However, the past decade has witnessed a five-fold increase in measures affecting these flows, reflecting a complex regulatory landscape. This paper introduces a preliminary typology of such measures, classifying them into three categories: those that promote, mandate, or prohibit cross-border access and sharing of NPD. These measures pursue diverse objectives, including open data initiatives, regulatory compliance, sustainability, law enforcement, and data security. While safeguards can support trusted and secure cross-border flows of NPD, over half of the 124 identified measures are likely to hinder rather than facilitate trade. In response, trade agreements and international policy fora are beginning to address these challenges. This analysis provides a starting point for more targeted discussions on NPD and aims to “make the problem smaller” by narrowing debates to specific, actionable issues.