Location of Computing Facilities Clause Samples
The 'Location of Computing Facilities' clause defines where a party's data processing or computing infrastructure may be physically situated. This clause typically specifies permitted countries or regions for data storage and processing, often to comply with data protection laws or client requirements. By clearly establishing geographic boundaries for computing resources, it helps ensure regulatory compliance, data security, and transparency regarding where sensitive information is handled.
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Location of Computing Facilities. 1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
2. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory.
3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and
(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective.
4. This Article shall not apply with respect to a “financial institution” or a “financial service supplier of a Party”, as defined in Article 1(e) and (h) (Definitions) respectively of Chapter 9 (Financial Services).
Location of Computing Facilities. 1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
2. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory.
3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and
(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective.
1. For the purposes of this Annex:
(a) assistant means a person who, under the terms of appointment of a panellist, conducts research or provides support for the panellist;
(b) candidate means a person who is under consideration for selection as a panellist;
(c) panellist means a member of the Arbitral Tribunal established under Article 18 (Settlement of Disputes Between the Parties);
(d) proceeding, unless otherwise specified, means the proceeding of a panel under this Agreement;
(e) staff, in respect of a panelist, means persons under the direction and control of the panelist, other than assistants; and
(f) expert means an individual or body providing information or technical advice.
Location of Computing Facilities. The Parties affirm their level of commitments relating to location of computing facilities, in particular, but not exclusively:
1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
Location of Computing Facilities.
1. State Parties shall not require a person of another State Party to use or locate computing facilities in their territories as a condition for conducting digital trade in that territory.
2. For greater certainty, a State Party may adopt or maintain measures inconsistent with paragraph 1 of this Article to achieve a legitimate public policy objective or protect essential security interests provided that the measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on digital trade, and do not impose restrictions on the use or location of computing facilities greater than are necessary to achieve the objective.
3. State Parties shall encourage and support the establishment and use of computing facilities within State Parties to promote the development of local digital infrastructure and access in line with the objectives of this Protocol.
Location of Computing Facilities. 1. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory.
2. This Article does not apply with respect to covered financial service suppliers, which are addressed by Article 13.
Location of Computing Facilities. 1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
2. Neither Party shall require a covered person to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory.
3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and
(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective.
Location of Computing Facilities. The Parties affirm their level of commitments relating to Location of Computing Facilities, for example:
1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
2. No Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory.
3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and
(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective.
Location of Computing Facilities. 1. A Party shall not require an enterprise to use or locate computing facilities in that Party's territory as a condition for conducting business in that territory.
2. This Article does not prevent a Party from adopting or maintaining a measure inconsistent with paragraph 1 that is necessary to achieve a legitimate public policy objective, provided that the measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade.
3. Paragraph 1 does not apply to a financial institution of the other Party or a cross‑border financial service supplier of the other Party as defined in Chapter 20 (Financial Services).
Location of Computing Facilities. 1. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications.
2. Neither Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory.
3. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure:
(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination, or a disguised restriction on trade; and
(b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective. Definitions
1. For the purposes of this Annex:
(a) assistant means a person who, under the terms of appointment of a panellist, conducts research or provides support for the panellist;
(b) candidate means a person who is under consideration for selection as a panellist;
(c) panellist means a member of the Arbitral Tribunal established under Article 18 (Settlement of Disputes Between the Parties);
(d) proceeding, unless otherwise specified, means the proceeding of a panel under this Agreement;
(e) staff, in respect of a panelist, means persons under the direction and control of the panelist, other than assistants; and
(f) expert means an individual or body providing information or technical advice. Provision of Code of Conduct
2. The Parties shall provide this Code of Conduct and Annex VI-A (Initial Disclosure Statement) to a candidate prior to confirmation of their appointment to serve as a panellist under Article 18 (Settlement of Disputes Between the Parties).
3. A panellist shall provide this Code of Conduct and Annex VI-A (Initial Disclosure Statement) to their assistants and staff.
4. The Panel shall provide this Code of Conduct and Annex VI-A (Initial Disclosure Statement) to an expert when they are requested to provide information or technical advice to the Arbitral Tribunal established under Article 18 (Settlement of Disputes Between the Parties). Responsibilities to the Process