The agreement prohibits government mandates that require disclosure of the source code of the software as a condition for the distribution of this software and related services, and states: “No party may require the transmission or access to the source code of software belonging to a person of another party as a condition for the provision of services related to that software on its territory.”  While there are exceptions for “software used for critical infrastructure” and software that is not used in the mass market, the agreement would prevent, for example, governments from forcing router providers for consumer networks to provide source code to the software for security purposes.  The EU asserts that its trade agreements do not prevent any government from providing services in areas such as water, education, health and social services.  The EU has stated that companies outside its borders are not allowed to provide publicly funded health or social services.  The EU has made its position papers, offers and negotiating reports available online.  Normally, governments are responsible for the adequacy of their rules vis-à-vis their citizens. Citizens can demand that businesses recycle all of their waste or employ a certain proportion of people with disabilities, and they can say no to the construction of shopping malls or hydraulic fracturing. Most citizens expect to be able to make these decisions without having to convince the parties to a global trade agreement that they are right. TiSA can therefore have a serious impact on democracy and place great limits on how we can improve our society through regulation. Finally, this trade agreement can also have important consequences for non-GPS countries. First, there is a risk of creating an exclusive tiSA trading bloc, which results in losses in services trade – and associated jobs and export earnings – for non-tiSA countries, particularly the BRICS that have large emerging service sectors. Second, it is expected that, in the end, non-SSE countries will be de facto linked to the TSA rules, even though they have not contributed to their creation, both because they are adopted as expected standards in international trade and because the conditions are duplicated in trade agreements with respect to non-TISA countries. Some TiSA participants, including the EU, have already made it clear that they hope that one day the agreement will be part of WTO rules, effectively linking most countries in the world to conditions that are not of their own choosing.
After the opening of the markets by the TiSA, these changes could have been irreversible, since the TSA proposals contain “status quo” and “click” clauses that explicitly prevent the lifting of any privatization or liberalization as soon as it has taken place.