ITIF-加拿大全球事务部关于加拿大-欧盟数字贸易协定的评论（英）-2025.8_8页_299kb

ITIF Comments on Canada-European Union Digital Trade Agreement

Introduction and Summary

The Centre for Canadian Innovation and Competitiveness (ITIF) has submitted public comments to Global Affairs Canada regarding the potential Canada-European Union Digital Trade Agreement (DTA). ITIF emphasizes the importance of maintaining Canada's digital competitiveness and innovation capacity while engaging in international trade negotiations. The organization warns against adopting EU regulatory models that may stifle innovation, increase compliance costs, and limit policy flexibility.

ITIF advocates for a strategic approach to the DTA, grounded in five key principles:

• Prioritize innovation and interoperability through international, industry-led standards and outcome-based approaches.
• Reject EU-style regulatory models that lock in one approach and limit future policy options.
• Align with CPTPP and DEPA norms by promoting cross-border data flows and avoiding the EU's precautionary-first governance.
• Avoid low-benefit, high-cost provisions that burden Canadian innovators without clear commercial advantages.
• Design for modularity and adaptability to evolve with technological advancements.

Key Topics

1. Keep PIPEDA's Framework for Cross-Border Movement of Data

• PIPEDA provides a flexible, organization-to-organization accountability model for data transfers.
• It requires organizations to ensure "comparable level of protection" and notify individuals about data transfers.
• The EU's GDPR and adequacy assessments are more restrictive and could fragment data flows and increase compliance costs.
• ITIF recommends that the DTA should promote free data flow with narrow public policy exceptions and reject EU-style localization and adequacy requirements.

2. Protect Intellectual Property by Avoiding Backdoors in Source Code Disclosure

• IP protection in DTAs typically focuses on prohibiting forced source code disclosure.
• The CPTPP allows limited exceptions for patent disputes, while the EU-New Zealand FTA is broader.
• ITIF warns against expanding these exceptions, as they could create de facto backdoors for forced disclosure.
• Canada should avoid adopting EU's expansive IP provisions and maintain its current approach.

3. Maintain a Flexible Approach for Developing and Using Artificial Intelligence

• The EU AI Act imposes broad definitions of high-risk systems and prescriptive compliance rules.
• ITIF advises against incorporating these into the DTA, as they could limit Canada's policy space and deter AI adoption.
• The agreement should promote risk-based, sectoral oversight and use international standards for AI assurance.
• It should include a regulatory cooperation forum and explicitly exclude EU definitions or high-risk schedules.

4. Ensure an Outcome-Focused Antitrust Enforcement

• The EU's Digital Markets Act (DMA) imposes prescriptive design rules on large platforms.
• ITIF cautions against including such provisions in the DTA, as they could restrict Canada's case-by-case antitrust enforcement.
• Cooperation should focus on information exchange and consumer protection, not on rigid platform obligations.

5. Promote Industry-Led Approaches to Interoperability

• The EU tends to use rigid technical mandates for interoperability, which can limit design choices.
• ITIF recommends that the DTA should reference international, open, and industry-led standards.
• Interoperability should be defined by outcomes, not by a specific method, and the agreement should avoid Brussels-led governance.

6. Protect Consumers Without Overregulating

• The EU has developed voluntary consumer protection commitments, but these may lead to future regulations.
• ITIF supports a consumer-focused approach aligned with CPTPP, targeting fraud and deception.
• Voluntary commitments should not create enforceable legal obligations and should focus on best practices for disclosure and dispute resolution.

7. Promote Open Government Data Without Stringent Licensing Barriers

• Open government data should be published in open, interoperable, and machine-readable formats.
• Licensing terms should enable reuse without restrictions.
• ITIF suggests a joint Canada-EU technical working group to develop common API patterns and benchmarks.
• The DTA should not impose content controls or block commercial reuse of data.

8. Minimize Counterfeits Through Collaboration and Smarter Enforcement

• Counterfeit goods are not commonly addressed in DTAs, but Canada-EU could innovate in this area.
• Effective enforcement requires fast action and traceability, not heavy-handed platform liability rules.
• ITIF recommends cooperation on seller verification, notice-and-takedown processes, and supply-chain traceability.
• Focus should be on targeting high-risk sources without burdening legitimate SMEs.

9. Promote Risk-Based Cybersecurity Cooperation

• Cybersecurity cooperation should be operational, not compliance-driven.
• ITIF suggests initiatives such as secure threat intelligence channels, botnet disruption, and incident response exercises.
• Risk-based frameworks can be encouraged through guidance and procurement incentives, not rigid certification mandates.
• Trade provisions should support strong encryption and lawful access through existing legal processes, not create backdoor obligations.