This Policy Brief examines the challenges posed by source code non-disclosure provisions in trade agreements, especially concerning AI and algorithmic systems. These provisions restrict governments from mandating access to source code, which complicates auditing and regulation. 

The Brief argues that this hinders effective governance and accountability in emerging technologies. It recommends either removing these provisions or revising them to protect trade secrets while ensuring transparency for AI regulation. It also highlights the need for broader participation in shaping these rules and proposes specific measures to balance business confidentiality with the public interest and regulatory requirements.