WTO: Agreement on Electronic Commerce

As leaked on bilaterals.org, version of 27 March 2024
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Preamble
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204 words
SECTION A: SCOPE AND GENERAL PROVISIONS
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792 words
SECTION B: ENABLING ELECTRONIC COMMERCE
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2279 words
SECTION C: OPENNESS AND ELECTRONIC COMMERCE
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760 words
SECTION D: TRUST AND ELECTRONIC COMMERCE
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1846 words
SECTION E: TRANSPARENCY, COOPERATION AND DEVELOPMENT
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1551 words
SECTION F: TELECOMMUNICATIONS
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499 words
SECTION G: INSTITUTIONAL ARRANGEMENTS AND FINAL PROVISIONS
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1070 words

References

  • 1 For greater certainty, "conditions of general application" refer to conditions formulated in objective terms that apply horizontally to an unidentified number of economic operators and thus cover a range of situations and cases.
  • 2 For greater certainty, nothing in this Article prevents a Party from according greater legal effect to an electronic signature that satisfies certain requirements, such as indicating that an electronic data message has not been altered or verifying the identity of the signatory.
  • 3 For greater certainty, an electronic contract includes a contract made by interaction with an automated message system.
  • 4 For greater certainty, this provision does not preclude a Party from requiring service providers to meet certain procedural requirements in order to exchange data with the single window.
  • 5 For greater certainty, nothing in this Article requires a Party to grant electronic payments services suppliers of any other Party not established in its territory access to payment services of central banks that involve settlement between financial services suppliers.
  • 6 For greater certainty, "access to payment and clearing systems" can be granted either through direct access, or indirect access via a financial service supplier that qualifies for and has direct access under the law of the relevant Party.
  • 7 For greater certainty, this Article is without prejudice to a Party's laws pertaining to intellectual property and personal data protection.
  • 8 For greater certainty, nothing in this paragraph prevents a Party from requiring a user of such data to link to original sources.
  • 9 For the purposes of paragraph 18.2(a), Parties recognise that an Internet access service supplier that offers certain content only to its end-users would not be acting contrary to this principle.
  • 10 For the purposes of this Article, material misrepresentations refer to misrepresentations that are likely to affect a consumer's conduct or decision to use or purchase a good or service.
  • 11 For the purposes of this Article, the term ‘engaged' includes the pre-transaction phase of electronic commerce.
  • 12 For greater certainty, the "electronic address of a person" does not cover IP addresses.
  • 13 For greater certainty, a Party may comply with the obligation in paragraph 21.3 by adopting or maintaining measures or a combination of measures such as a comprehensive privacy, personal data protection laws, sector-specific laws covering privacy or other laws that address privacy violations.
  • 14 For greater certainty, for the purposes of this Article, an ICT product does not include any instrument for supplying a financial service or any financial asset, including money.
  • 16 For greater certainty, subparagraph (b) does not prevent a Party from requiring a manufacturer or supplier of an ICT product that uses cryptography to demonstrate that a cryptographic algorithm meets security requirements that are internationally recognized or developed in an open and transparent manner.
  • 15 For greater certainty, this Article does not apply to the voluntary transfer of, or granting of access to, proprietary information relating to cryptography on a commercial basis, by a natural or juridical person, for instance in the context of a public procurement transaction or a freely negotiated contract.
  • 17 For the purposes of this Article, competent authority means a relevant government body or authority of a Party, or a non-governmental body in the exercise of powers delegated by a government body or authority of the Party.
  • 18 For greater certainty, such access does not include any proprietary information relating to cryptography itself.
  • 19 For the purposes of this Agreement, "assistance and support for capacity building" may take the form of technical, financial or any other mutually agreed form of assistance provided.
  • 20 For greater certainty, "relevant information" includes: (a) a description of the assistance or support provided; (b) information on how to apply for or access such assistance or support, including a Party's contact point(s); and (c) a list of the beneficiaries of the assistance and support.
  • 21 For the purposes of calculation of acceptances under this Article, an instrument of acceptance by the European Union for itself and in respect of its Member States shall be counted as a number of instruments of acceptance equal to the number of Member States of the European Union which are Members to the WTO.