DATBA-FTA: Data Barriers in Free Trade Agreements

Nikita Melashchenko · Nikita Melashchenko · (2025) · dataset · source ↗︎

DATBA-FTA is a dataset that systematically codes data-barrier-related provisions in free trade agreements — regulatory measures that restrict, impede, or condition cross-border data flows. It is developed as part of the research project originating from the PhD thesis Data Barriers to International Trade (Victoria University of Wellington).

Coverage

What it measures

Each agreement is coded across ten provision categories, with the full article text included for each applicable provision:

Code Provision Agreements
dl_provisions Data Localisation 39/40
cl_provisions Computing Facilities Localisation 38/40
cd_provisions Customs Duties on Electronic Transmissions 35/40
db_exceptions Data Barriers Exceptions 23/40
sc_provisions Source Code Localisation 23/40
ogd_provisions Open Government Data 19/40
cr_provisions Cryptographic Key Localisation 15/40
ndt_provisions Non-Discrimination in Digital Trade 15/40
ai_provisions Artificial Intelligence 12/40
ts_provisions Digital Trade Standards 7/40

The exception framework (db_exceptions) is separately coded into general exceptions, security exceptions, personal data/privacy carve-outs, financial services carve-outs and prudential carve-outs.

How it differs from TAPED

TAPED and DATBA-FTA are complementary but distinct:

Dimension DATBA-FTA TAPED
Scope 40 agreements (2014–2026) 500+ PTAs (2000–present)
Focus Data barriers specifically Full e-commerce/data chapter
Provision depth Full article text per provision Binary/categorical coding
IP provisions Not included Included (software, liability)
AI provisions Included (ai_provisions) Not included as a separate category
Exception structure Coded in detail (5 sub-types) Presence/absence
Agreement types Includes standalone Digital Economy Agreements FTAs and PTAs
Temporal coverage 2014 onward (digital-era agreements only) 2000 onward
Cross-verification Verified against TAPED Independent coding

TAPED provides breadth across 500+ agreements with categorical coding; DATBA-FTA provides depth on 40 modern agreements with full provision text and a focused data-barrier lens.

Companion dataset

The DATBA national dataset (in development) will catalogue domestic regulations that create data barriers at the country level, complementing the FTA-level analysis. Together, the two datasets will map data barrier regulation across both national and international legal frameworks.

Interactive application

An Observable Framework application provides three analytical views of the dataset:

Access

DATBA-FTA: Data Barriers in Free Trade Agreements Dataset. https://github.com/nzciel/datba-fta-dataset; licensed under CC BY-SA 4.0; format .json.