DeepSeek 규제의 GATS와 RCEP/전자상거래 장 합치성 검토

DeepSeek, a Chinese artificial intelligence system that shocked Silicon Valley with its high performance at low cost, has faced suspension orders on the download of its application from major app markets or use restrictions in Italy, Taiwan, Australia, the United States and Korea among others, mostly due to weaknesses in personal data protection, and security concerns in some cases. This paper examines whether these restrictions are consistent with obligations under the WTO General Agreement on Trade in Services (GATS) and the Electronic Commerce Chapter of the Regional Comprehensive Economic Partnership (RCEP). This paper argues that data protection authorities' regulations against DeepSeek can be justified under Article XIV (General Exceptions) of the GATS, even if such measures violate GATS general obligations or specific commitments. These regulations qualify as necessary measures to secure compliance with laws protecting individuals’ privacy in the processing and dissemination of personal data, as well as the protection of confidentiality of individual records and accounts. The RCEP E-Commerce Chapter provides broader regulatory authority and discretion for members to enforce measures necessary to achieve legitimate public policy objectives, making legal challenges less likely than under GATS.