USA Law and Practice Contributed by: John D. O’Neill, Jr., David B. Horner, Andrej Micovic and Ryan Pedraza, Hunton Andrews Kurth LLP
12.5 Data Ownership and Sharing Ownership and use of transportation-related data are determined by contract, applicable privacy laws and regulatory requirements. Now more than ever, public agencies require access to operational data in concession arrangements, although comprehensive open-data obligations remain relatively limited. 13. International and Cross-Border Operations 13.1 International Agreements Cross-border transportation is influenced by a range of international agreements involving the United States, Canada and Mexico, including trade agree - ments, customs arrangements and transportation- specific regulatory frameworks that facilitate freight movements across North American supply chains. 13.2 Foreign Investment Restrictions Foreign investment in transportation infrastructure is permitted, although certain transactions may be subject to national security review by the Committee on Foreign Investment in the United States (CFIUS). Transportation assets that are considered critical infrastructure may receive heightened scrutiny. 13.3 Sanctions and Trade Controls Transportation operators must comply with US sanc - tions programmes, export controls and trade restric - tions administered by federal agencies. These require - ments can affect routing decisions, counterparties, cargo movements and project participation. 13.4 Customs and Transit Cross-border road and rail freight is primarily regu - lated by US Customs and Border Protection. Key requirements include customs declarations, security filings, inspections, and compliance with applicable import and export controls. 13.5 Trade Policies Nearshoring, reshoring and broader supply chain diversification strategies have increased the impor - tance of transportation corridors connecting the Unit - ed States with Mexico and Canada. These trends are
mercial vehicles, locomotives, railcars and rail infra - structure. Failure to comply may result in enforcement actions, operational restrictions and liability exposure. 11.5 Emerging Technologies Autonomous vehicle regulation continues to evolve through a combination of federal guidance and state legislation. Autonomous rail technologies remain less developed but are receiving increasing attention, par - ticularly in connection with automation, signalling sys - tems and operational efficiency initiatives.
12. Digitalisation, Data and Cybersecurity 12.1 Digital Platforms
Digital freight platforms are regulated through exist - ing commercial, competition, transportation and con - sumer protection laws rather than transportation-spe - cific digital platform legislation. Regulatory focus has primarily centred on transparency, competition and
operational compliance. 12.2 Data Protection
The United States does not have a comprehensive national data protection law comparable to the Euro - pean Union’s GDPR. Instead, transportation operators must comply with a combination of federal, state and sector-specific privacy requirements, including signifi - cant state privacy legislation. 12.3 Cybersecurity Obligations Cybersecurity requirements are becoming increas - ingly important for transportation operators and infrastructure owners. Federal agencies have issued cybersecurity guidance and requirements for critical infrastructure, and transportation agencies incorpo - rate cybersecurity obligations into procurement and concession agreements. 12.4 Smart Mobility Systems AI-driven traffic management systems, intelligent transportation systems and advanced signalling tech - nologies are regulated through existing transporta - tion, safety and procurement frameworks. Regulatory attention is increasing as these technologies become more prevalent in transportation networks.
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