Addressing the Digital Divide in the Joint Statement Initiative on E-Commerce

The report examines the evolution of the digital divide from basic infrastructure access to access to knowledge and data. It evaluates the JSI on E-Commerce, arguing that current negotiations often presume a level of digital readiness that developing countries and LDCs lack. The document details 'enabling issues' necessary for digital inclusion, analyzes the regulatory landscape of cross-border data flows and localization, and discusses the implications of restricting government access to computer source code.

• The concept of the digital divide has evolved from 'Access to Access' (A2A), focusing on hardware and connectivity in the 1990s, to 'Access to Knowledge' (A2K), which encompasses access to data, information, and the ability to generate wisdom independently.
• JSI negotiations often operate on a 'presumption of e-commerce readiness,' utilizing rules already tested in developed nations' frameworks, which may not align with the nascent regulatory environments of developing countries and LDCs.
• Stakeholders identify a convergence of 'enabling issues' critical for developing countries, including ICT infrastructure, trade logistics, legal frameworks, payment solutions, consumer trust, and e-commerce skills development.
• Developing countries and LDCs face systemic barriers to JSI participation, including a lack of translation of documents into official WTO languages and concerns that plurilateral agreements may 'weaken multilateralism.'
• Cross-border data flow regulations generally follow a two-pronged structure: a general rule of free flow for commercial activities followed by exceptions for personal data protection, public policy, and security interests.
• Data localization requirements can lead to 'efficient data localization,' where companies store data locally for economic or technical convenience even when no explicit legal mandate exists, potentially increasing costs for MSMEs.
• The General Agreement on Trade in Services (GATS) is the most proximate WTO framework for data transfers, but many developing countries have 'empty' schedules with few commitments in data-intensive sectors, leaving them with limited obligations but also limited leverage.
• Proposals in the JSI regarding source code generally seek to prohibit governments from requiring the transfer or access to source code as a condition for market access, which may hinder technology transfer and the use of open-source software in public procurement.
• E-commerce can help close the gender gap in trade by allowing women to bypass structural constraints, but this requires gender-sensitive policies to address the 'gender digital divide'—the impaired access to IT infrastructure and skills based on gender.

APA

Guglya, L., & Maciel, M. (2020). Addressing the Digital Divide in the Joint Statement Initiative on E-Commerce. International Institute for Sustainable Development. https://www.iisd.org/system/files/2021-01/digital-divide-e-commerce-en.pdf

Chicago

Guglya, Leonila, and Marilia Maciel. Addressing the Digital Divide in the Joint Statement Initiative on E-Commerce. International Institute for Sustainable Development, 2020. https://www.iisd.org/system/files/2021-01/digital-divide-e-commerce-en.pdf.

Wikipedia

{{cite report |last1=Guglya |first1=Leonila |last2=Maciel |first2=Marilia |title=Addressing the Digital Divide in the Joint Statement Initiative on E-Commerce |publisher=International Institute for Sustainable Development |date=December 2020 |url=https://www.iisd.org/system/files/2021-01/digital-divide-e-commerce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{guglya2020addressing, author = {Guglya, Leonila and Maciel, Marilia}, title = {{Addressing the Digital Divide in the Joint Statement Initiative on E-Commerce}}, institution = {International Institute for Sustainable Development}, year = {2020}, month = dec, url = {https://www.iisd.org/system/files/2021-01/digital-divide-e-commerce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }