With the Association of Southeast Asian Nations (ASEAN) slow to move beyond discussions and towards coordination, the region will – at least in the short term – be unlikely to create the kind of harmonised legal and regulatory environment necessary to counter protectionist measures arising from US-China tech competition.
Singapore has been an outlier in this regard by pursuing digital economy agreements, first with Chile and New Zealand in June 2020, followed by Australia in December 2020. In contrast, the milestone Regional Comprehensive Economic Partnership – signed in November 2020 between ASEAN member states, Australia, China, Japan, New Zealand and South Korea – came up short on including meaningful provisions for cross-border data flows.
However, the ASEAN Data Management Framework and Model Contractual Clauses for Cross Border Data Flows adopted at the 1st ASEAN Digital Ministers’ Meeting in January are certainly steps in the right direction. Although these are voluntary rather than binding measures, it is unrealistic to expect ASEAN to follow the European Union in enacting supranational legislation and regulations.
Nevertheless, the road ahead will likely be a bumpy one, particularly as Chinese digital infrastructure becomes more deeply embedded in the region. For example, China’s Alibaba Cloud has operated local data centres in Malaysia since 2017 and Indonesia since 2018 unlike American cloud computing service providers for the region which are primarily based in Singapore.
In addition, despite American efforts to persuade its allies and partners to ban Chinese 5G technology providers, companies such as Huawei and ZTE remain active in building the region’s telecommunications infrastructure. While some Southeast Asian countries have sought to diversify their base of vendors, this is not necessarily a case of choosing sides.
It is this kind of pragmatism that will likely continue to drive how many countries in the region respond to a potential tech decoupling. At the same time, China’s intention to continue fostering interdependence through the DSR is clear. What remains to be seen is whether the United States can go beyond defensive actions to contain China and take the initiative to adopt a more inclusive strategy that does not alienate countries other than techno-democracies.
Manoj Harjani