Évolution du contexte et des dynamiques associés à l’Initiative conjointe de l’OMC sur le commerce électronique

This report provides a status update on the WTO Joint Statement Initiative (JSI) on e-commerce as of December 2022. It analyzes the evolving landscape of digital trade governance at national, regional, and multilateral levels, noting a trend toward more flexible regional Digital Economy Agreements (DEAs) and an increased focus on the digital divide within the WTO's broader Work Programme. The author suggests that the JSI is likely moving toward a less ambitious agreement focusing on minor facilitation points to ensure a conclusion by the 13th Ministerial Conference (MC13).

• The WTO Joint Statement Initiative (JSI) on e-commerce has seen its participation grow to 87 WTO members by December 2022, with Mauritius being the most recent addition in September 2022. However, participation from African countries and Least Developed Countries (LDCs) remains limited, with only seven African members and four LDCs (Benin, Burkina Faso, Myanmar, and Lao PDR) participating.
• There is a global trend of increasing national policy intervention in the digital sector, leading to a risk of digital fragmentation. Between January 2020 and January 2023, 2,460 policy or regulatory changes were recorded in EU and G20 countries, with key areas of intervention including data governance, content moderation, taxation, and public procurement.
• Digital Economy Agreements (DEAs) are emerging as a more flexible alternative to traditional trade agreements. Unlike the 'all or nothing' approach of conventional treaties, DEAs like the Digital Economy Partnership Agreement (DEPA) use a modular approach, allowing countries to choose options that suit them and addressing emerging technologies such as artificial intelligence and digital identities.
• The WTO's general Work Programme on e-commerce has shifted its focus toward development and the digital divide, particularly following the COVID-19 pandemic. At the 12th Ministerial Conference (MC12) in June 2022, members agreed to revitalize the Work Programme with a specific emphasis on its development dimension.
• The December 2022 updated consolidated negotiating text (INF/ECOM/62/Rev.3) shows a dilution of political coverage and a structural reorganization. Notably, 'Market Access' (Section F) was removed as a standalone section, and several contentious articles were moved to a new 'Annex', which may be a preliminary step toward excluding them from the final agreement to accelerate a 'light' deal.
• As of December 2022, 10 articles have reached a 'cleaned' or 'convergent' state through small group negotiations. These include electronic transaction frameworks, electronic authentication and signatures, electronic contracts, paperless trade, open government data, online consumer protection, unsolicited commercial electronic messages (spam), transparency, cybersecurity, and internet access/use.
• Significant divergences remain regarding cross-border data flows. While a group including South Korea, Australia, Canada, Japan, Singapore, Taiwan, the UK, and the USA proposed limiting exceptions to 'legitimate public policy objectives', the EU maintains a proposal for privacy and personal data protection exceptions, and Nigeria seeks exceptions for development and policy space for developing countries and LDCs.
• New initiatives for digital inclusion and capacity building were launched in 2022. This includes a Capacity Building Framework for e-commerce involving the World Bank's DATA Fund, JICA, JETRO, and the Singapore-WTO Training Programme. Additionally, Côte d'Ivoire proposed a new section on special and differential treatment for developing countries and LDCs, and New Zealand proposed text on digital inclusion for indigenous peoples, women, and rural communities.
• The report predicts that 2023 will focus on finalizing remaining small group discussions (privacy, encrypted ICT products, source code, electronic invoicing, telecommunications, and customs duties on electronic transmissions) to reach a satisfactory conclusion by the end of the year, potentially splitting the agreement into a first phase of 'minor points' and a second, more in-depth phase.

APA

Ismail, Y. (2023). Évolution du contexte et des dynamiques associés à l’Initiative conjointe de l’OMC sur le commerce électronique. International Institute for Sustainable Development. https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-fr.pdf

Chicago

Ismail, Yasmin. Évolution du contexte et des dynamiques associés à l’Initiative conjointe de l’OMC sur le commerce électronique. International Institute for Sustainable Development, 2023. https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-fr.pdf.

Wikipedia

{{cite report |last1=Ismail |first1=Yasmin |title=Évolution du contexte et des dynamiques associés à l’Initiative conjointe de l’OMC sur le commerce électronique |publisher=International Institute for Sustainable Development |date=March 2023 |url=https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-fr.pdf |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{ismail2023volution, author = {Ismail, Yasmin}, title = {{Évolution du contexte et des dynamiques associés à l’Initiative conjointe de l’OMC sur le commerce électronique}}, institution = {International Institute for Sustainable Development}, year = {2023}, month = mar, url = {https://www.iisd.org/system/files/2023-04/wto-joint-initiative-e-commerce-fifth-year-stocktake-fr.pdf}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }