Research on the Path of Data Protection in International Investment Agreements——From the Perspective of Case"Einarsson v.Canada"
The case of Einarsson v.Canada is the first time that international investment arbitration involves data investment disputes.Although no award has been made public in this case,it provides a new way for investors to seek data protection based on international investment agreements and their the investor-state dispute settlement mechanisms in the future.Traditional international investment agreements do not contain rules related to data,but based on the broad definition of investment and the expanded interpretation of the arbitral tribunal,data can generally be identified as qualified investment protected by international investment agreements.If the host state enacts legislation or policies to regulate data,investors can bring the host state to international arbitration on the grounds that their investment has been damaged,based on provisions such as fair and equitable treatment,expropriation and performance requirements stipulated in international investment agreements.For China,it is necessary to complete the transformation of international investment agreements in the digital economy era as soon as possible to provide protection for the legitimate data investments of Chinese investors,while also providing support for China to exercise legitimate data regulatory powers.
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