The Organisation for Economic Co-operation and Development (OECD) has published an analysis of the rules affecting digital trade, providing an inventory of the issues being discussed under the Joint Statement Initiative on E-Commerce (JSI) both at the World Trade Organisation (WTO) and in a variety of non-WTO fora.
El article entitled "Digital Commerce Inventory: Rules, Standards and Principles” provides a common basis of understanding and transparency for governments to use resources to engage in more informed debates on digital trade.
The authors, Taku Nemoto and Javier López González, identify Five major findings:
- The regulatory landscape for digital commerce is complex. The topics are discussed in various fora and cover many policy areas ranging from consumer protection to transaction facilitation, cybersecurity and privacy. According to the report, 52 instruments that are directly relevant to digital trade were identified in 24 different fora beyond the WTO, the OECD, the International Organization for Standardization (ISO)/International Electrotechnical Commission (IEC), the United Nations Economic Commission for Europe through the Centre for Trade Facilitation and Electronic Business (UNECE/UNCEFACT) and the United Nations Commission on Trade Law (UNCITRAL).
- There is a stronger consensus regarding trade facilitation, telecommunications and market access for ICT productsThis reflects progress at the WTO. There is also broad consensus on issues related to electronic transactions, where UNCITRAL instruments have had a substantial influence among those who participated (and those who did not) in the Joint Statement Initiative on Electronic Commerce.
- There is a high degree of complementarity between different international instruments which are often cross-referenced to each otherFor example, the UN Guidelines for Consumer Protection in E-Commerce cite the OECD Recommendation on Consumer Protection. At the same time, trade agreements often refer to UNCITRAL tools, the APEC Privacy Rules or the OECD.
- Regional trade agreements (RTAs) have played an important role in setting rules for digital trade. These broad treaties have covered areas to facilitate electronic transactions, including specific provisions on digital transactions, authentication and electronic signatures. However, these provisions appear with different levels of binding commitments.
- There is substantial adoption of instruments on issues related to digital trade among participants in the Joint Statement Initiative on Electronic Commerce. At the same time, many participants outside the initiative are also in the process of undertaking reforms in some of these policy areas. The inventory therefore shows that there is a solid foundation of international instruments on which discussions of the initiative can be built, and suggests that participants outside the initiative should pool their current efforts for eventual participation.
Taking these key points into account, the inventory is an exercise in transparency and provides a common basis of understanding so that countries can better leverage their resources in discussions on digital trade, whether at the WTO, in other international organizations or in the development of relevant national policies.
The Organization for Economic Cooperation and Development (OECD) is an international cooperation organization made up of 38 states whose representatives meet to exchange information and harmonize policies, with the aim of maximizing the new global economic panorama and pointing out developments on the horizon.
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