Archive for November, 2026

Participation of Ursula von der Leyen, in the EU - Canada Summit, in Montreal (P-070845-00-06), © European Union, 2026, CC BY 4.0, via Wikimedia Commons

Canada’s First Digital Trade Agreement: Why the Canada-EU Deal Will Likely Follow Europe’s Template and What That Means for Canadian Digital Law

Last week’s Canada-EU summit in Montreal delivered several new collaborative initiatives as part of Canada’s pivot toward the EU, but among the most notable from a digital policy perspective was the conclusion of negotiations on a Canada-EU Digital Trade Agreement. E-commerce or digital trade chapters are by now common in Canadian trade agreements (including in CUSMA and the CPTPP), but this is Canada’s first standalone digital trade agreement. The possibility of a DTA has long been of interest, as Canada formally requested to join the Digital Economy Partnership Agreement in May 2022, and Global Affairs Canada launched a consultation that same year on developing a model Canadian digital trade agreement. That consultation process did not produce a public model, which means the Canada-EU DTA may emerge as the standard even though it is based on the European approach. While the text is unlikely to be released for months (officials said it is going through a “legal scrub”), there is plenty of room to speculate about what it contains since this will be the third EU DTA and it is likely to follow a similar approach.

The Law Bytes Podcast, Episode 281: Mikolaj Barczentewicz on Europe’s Digital Sovereignty Push, CADA, and the Implications for Canada

Canada’s pivot to Europe took another step at last week’s Canada-EU summit in Montreal, where the two sides launched what they call an “Alliance for the Future.” The announcements ranged from critical minerals and firefighting aircraft to supercomputing and payment systems. The digital commitments received less attention, but they raise many of the same sovereignty questions that have dominated the Canada-U.S. relationship this year. Indeed, the leaders committed to reciprocal access to each other’s cloud and AI markets and concluded Canada’s first Digital Trade Agreement.

Mikołaj Barczentewicz is a Senior Lecturer in Law at the University of Surrey, where he is research director of the Surrey Law and Technology Hub, and a Senior Scholar at the International Center for Law & Economics. His recent work has examined how the EU has addressed cloud and AI policy and what it means for its allies. He joins me on the Law Bytes podcast to discuss Europe’s digital sovereignty push, its proposed Cloud and AI Development Act, and the implications for Canada.