Members of the World Trade Organization (WTO) are continuing negotiations on e-commerce, which aim to facilitate digital transactions and build on existing WTO agreements. In this framework, participants have made progress on a “clean” negotiating text of two articles: Open government data and online consumer protection.
At a meeting on 13 September 2021, George Mina (Australia), coordinator of the discussions, said that the two articles were “fundamental” to the joint declaration initiative. He noted that the text achieved in both cases reflected the perspectives of a broad range of developed and developing countries.
According to the WTO press release, the online consumer protection article It requires that “Members adopt or maintain measures that proscribe fraudulent and deceptive commercial activities that cause harm (or potential harm) to consumers engaged in electronic commerce.” It further states: “Members should endeavour to adopt or maintain actions that aim to ensure that suppliers deal fairly and honestly with consumers, provide complete and accurate information about goods and services to ensure the safety of goods and, where applicable, services during normal or reasonably foreseeable use.” The text also requires that Members promote consumer redress or remedy mechanisms.
As to article on open government data, encourages members to expand the coverage of government data made available for public access and use. Furthermore, the section requires that “members shall endeavour, to the extent possible, to ensure that government data they choose to make digitally and publicly available meet particular characteristics, and shall take care to avoid imposing certain conditions on such data.”
These efforts add to the results of previous negotiations that have produced clean articles on spam, authentication and electronic signatures and electronic contracts. A text on transparency is also “maintained”, which is subject to the final scope and legal structure of the negotiated outcome.
In their latest remarks, the coordinators from Australia, Japan and Singapore urged participating members of the discussions to build on the strong momentum to achieve substantial progress ahead of the 12th Ministerial Conference (MC12), which is scheduled to meet from 30 November to 3 December 2021 in Geneva, Switzerland.
The WTO launched negotiations on aspects of electronic commerce in January 2019, with the participation of 76 members. There are currently 86 participating members, representing more than 90% of world trade and covering all major geographical regions and levels of development. (WTO Press Release)
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