European Union: Adopted Council Decision on the conclusion of the Free Trade Agreement between the European Union and New Zealand

On 27 November 2023, the Council of the European Union adopted the decision on the conclusion of a free trade agreement (FTA) between the EU and New Zealand. The European Commission and New Zealand concluded the negotiations on the Free Trade Agreement on 30 June 2022. The Agreement includes articles on cross-border data transfer regulation, privacy and consumer protection. In order to facilitate digital trade, the parties agreed not to restrict the cross-border data flows between the EU and New Zealand. In particular, under the agreed text, the parties will not require the use of computing facilities located in their jurisdiction for the processing of data or impose data localisation requirements for the data for processing or storage purposes. Furthermore, the parties would be required to make available information on the protection of personal data and privacy that it grants to the users in the digital economy and specify how users can exercise their rights and pursue remedies for data breaches. Finally, the Agreement stipulates that the parties should implement measures against deceptive, fraudulent and misleading commercial practices. The Agreement enters into force on the first day of the second month after the parties notify that the Agreement was ratified.