Page 432 - Regional Comprehensive Economic Partnership (RCEP)

(a) any measure inconsistent with paragraph 2 that it
considers necessary to achieve a legitimate public policy
12
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; or

(b) any measure that it considers necessary for the protection
of its essential security interests. Such measures shall not
be disputed by other Parties.

Article 12.15: Cross-border Transfer of Information by Electronic
Means

1. The Parties recognise that each Party may have its own
regulatory requirements concerning the transfer of information by
electronic means.

2. A Party shall not prevent cross-border transfer of information by
electronic means where such activity is for the conduct of the
13
business of a covered person.

3. Nothing in this Article shall prevent a Party from adopting or
maintaining:

(a) any measure inconsistent with paragraph 2 that it
considers necessary to achieve a legitimate public policy
objective, provided that the measure is not applied in a
14
manner which would constitute a means of arbitrary or
unjustifiable discrimination or a disguised restriction on
trade; or

(b) any measure that it considers necessary for the protection
of its essential security interests. Such measures shall not

12 For the purposes of this subparagraph, the Parties affirm that the necessity behind
the implementation of such legitimate public policy shall be decided by the
implementing Party.

13 Cambodia, Lao PDR, and Myanmar shall not be obliged to apply this paragraph for
a period of five years after the date of entry into force of this Agreement, with an
additional three years if necessary. Viet Nam shall not be obliged to apply this
paragraph for a period of five years after the date of entry into force of this Agreement.

14 For the purposes of this subparagraph, the Parties affirm that the necessity behind
the implementation of such legitimate public policy shall be decided by the
implementing Party.

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