INF/ECOM/27/Rev.1  
 
9 July 2019 
(19-4558) Page: 1/6 
  Original: English  
 
 
JOINT STATEMENT ON E LECTRONIC COMMERCE  
COMMUNICATION FROM BRAZIL  
Revision  
The following communication, dated 8 July 2019, is being circulated at the request of the delegation 
of Brazil . 
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Brazil presents in this communication text -based proposals on issues discussed under the Joint 
Statement process. Suggestions are not exhaustive and may be further revised, without prejudice 
to contributions or positions that Brazil may submit at a later stage.  
SECTION I  
Definitions  
Digital trade means t he production, distribution, marketing, sale or delivery of goods and services 
by electronic means;  
Trade administration documents  refers to the forms that a Party issues or controls, which have 
to be completed by or for an importer or exporter in relation to the import or export of goods;  
Electronic signature  means data in electronic form attached to an electronic document that allows 
the signer to be identified, according to the internal regulatio ns of each Party;  
Personal data  means any information about an identified or identifiable natural person;  
Computer installations  means computer servers and storage devices for the processing or storage 
of information for commercial use;  
Unsolicited electro nic commercial communications  means an electronic message that is sent 
for commercial or advertising purposes without the consent of the recipients, or against the explicit 
will of the recipient, using an internet service or, in accordance with the legisla tion of the Party, by 
others Telecommunications services; and  
Electronic transmission or electronically transmitted  means a transmission made using any 
electromagnetic means, including transmissions by optical means.  
SECTION II  
Principles  
1. Considering th e potential of digital trade as a social and economic development tool, Members 
recognize the importance of : 
(a) Clarity, transparency and predictability in their domestic regulatory frameworks in 
facilitating, to the maximum extent possible, the development of digital trade;  INF/ECOM/27/Rev.1  
 
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  (b) Interoperability, innovation and competition; and  
(c) Increased participation in digital trade by micro, small and medium sized enterprises.  
2. Internet should remain free and open for all legitimate commercial and develop ment purposes, 
including by allowing increased access to information, knowledge and new technologies.  
3. Members recognize the importance of avoiding barriers that constitute a disguised restriction 
on digital trade.  
4. Having regard to their national poli cy objectives, Members shall endeavor to avoid measures 
that: 
(a) unduly hinder electronic commerce; or  
(b) have the effect of treating commerce by electronic means in a more restrictive 
manner than commerce conducted by other means.  
Principles on Access t o and Use of the Internet for Digital Trade  
1. Subject to applicable policies, laws and regulations, Members recognize the benefits of 
consumers in their territories having the ability to:  
(a) access and use services and applications of a consumer 's choice  available on the 
Internet, subject to reasonable, proportional, non -discriminatory and transparent 
network management;  
(b) connect the end -user devices of a consumer 's choice to the Internet, provided that 
such devices do not harm the network; and  
(c) access transparent, clear and sufficiently descriptive information on the network 
management practices of a consumer 's Internet access service supplier.  
2.  For the adequate provision of services and applications, reasonable network management 
aims at preserv ing the stability, safety and functionality of the Internet, by utilizing technical 
measures that are compatible with international standards developed for this purpose.  
3.  Access and use of services and applications of a consumer's choice available on th e Internet, 
regardless of the country where the service or application is being provided, subject to reasonable, 
proportional, non -discriminatory and transparent network management.  
SECTION  III 
Electronic  Contracts  
1. Members shall ensure that their legal systems allow for the formation of contracts by electronic 
means and that contracts shall not be denied legal effect, validity or enforceability for having been 
made by electronic means.  
Electronic signature and  digital  certification  
1.  A Member shall not  deny the legal effect and admissibility as evidence in legal proceedings of 
an electronic signature and electronic authentication service solely on the basis that the signature 
or service is in electronic form.  
2.  Members shall not adopt or maintain meas ures regulating electronic signature and electronic 
authentication services that would:  
(a) Prohibit parties to an electronic transaction from mutually determining the appropriate 
electronic methods for their transaction; or  INF/ECOM/27/Rev.1  
 
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  (b) Prevent parties to an elect ronic transaction from having the opportunity to prove to 
judicial and administrative authorities that their electronic transaction complies with 
any legal requirements with respect to electronic signature and electronic 
authentication services.  
3.  Notwit hstanding paragraph 2, a Member may require that, for a particular category of 
transactions, the method of authentication meets certain performance standards or is certified by 
an authority accredited in accordance with its law. Such requirements shall be objective, transparent 
and non -discriminatory and shall relate only to the specific characteristics of the category of 
transactions concerned.  
4.  Members shall encourage the use of interoperable electronic trust and electronic 
authentication services, and  the mutual recognition of electronic trust and electronic authentication 
services issued by recognized trust services providers.  
Unsolicited  commercial  communications  
1.  Members shall endeavor to protect end -users effectively against unsolicited direct m arketing 
communications. To this end, in particular the following paragraphs shall apply.  
2.  Members shall endeavor to ensure that natural and juridical persons do not send direct 
marketing communications to consumers who have not given their consent.  
3.  Members shall endeavor to ensure that direct marketing communications are clearly 
identifiable as such, clearly disclose on whose behalf they are made, and contain the necessary 
information to enable end -users to request cessation free of charge and at an y moment.  
SECTION IV  
Taxation  
1.  No Member shall impose customs duties on electronic transmissions between a person of one 
Member and a person of another Member.  
2.  For greater certainty, paragraph 1 shall not preclude a Party from imposing internal tax es, 
fees or other charges on content transmitted electronically or revenue and profit generated from 
digital trade, provided that such taxes, fees or charges are imposed in a manner consistent with 
other WTO Agreements and on a non -discriminatory basis.    
SECTION V  
Competition  
1.  Members recognize that some characteristics of digital trade, such as platform -based business 
models, multi -sided markets, network effects and economies of scale, may pose additional 
challenges on competition policy. Accordingly,  Members shall endeavor to:  
(a)  develop adequate approaches to promoting and protecting competition in digital 
market;  
(b) strengthen collaboration mechanisms for cooperating to identify and mitigate market 
distortions arising from abuses of market domin ance.  
SECTION  VI 
Consumer  protection  
1.  Members recognize the importance of adopting and maintaining transparent and effective 
measures to protect consumers, inter alia, from fraudulent and misleading commercial practices 
when they engage in digital trad e transactions.  
2.  To this end, Members shall adopt or maintain measures that contribute to consumer 
protection, including measures that proscribe fraudulent and deceptive commercial practices. Such 
measures shall, inter alia, provide for:  INF/ECOM/27/Rev.1  
 
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  (a) The right of consumers to have clear and comprehensive information regarding the 
service and its provider;  
(b) The obligation of traders to act in good faith and abide by honest market practices, 
including in response to questions by consumers;  
(c) The prohibition o f charging consumers for services not requested or for a period in 
time not authorized by the consumer;  
(d) Access to redress for consumers to claim their rights, including as regards their right 
to remedies for services paid and not provided as agreed.  
3.  Members recognize the importance of cooperation between their respective national consumer 
protection agencies or other relevant bodies on activities related to digital trade in order to protect 
consumers and enhance consumer trust.  
4.  Members shall enc ourage or promote accessible and effective mechanisms to address 
domestic and cross -border e -commerce conflicts and redress.  
SECTION VII  
Regulatory Environment  
Paperless  trading  
Each Member shall endeavor to:  
(a)  Make trade administrative documents avail able to the public in electronic form; and  
(b) Accept trade administration documents submitted electronically as the legal equivalent 
of the paper version of those documents.  
Cooperation on regulatory issues  
1.  Members shall maintain cooperation and dialo gue on the regulatory issues raised by digital 
trade on the basis of mutually agreed terms and conditions, which shall address, inter alia, the 
following issues:  
(a) The recognition and facilitation of interoperable cross -border electronic signature and 
authentication services;  
(b) Cross -border transfer of information by electronic means;  
(c) The liability of intermediary service providers with respect to the transmission or 
storage of information;  
(d) The treatment of direct marketing communications;  
(e) The protection of consumers in the ambit of digital trade;  
(f) Data privacy;  
(g) Cybersecurity;  
(h) Methodologies to measure digital trade flows, including cross -border;  
(i) The promotion of paperless trading;  
(j) The promotion of digital trade by micro, small and medium sized enterprises;  
(k) Electronic government; and  INF/ECOM/27/Rev.1  
 
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  (l) Any other issue relevant to the development of digital trade.  
2.  Such cooperation shall focus on exchange of information on the Members ' respective 
legislation on these issues as well as on the implementation of such legislation.  
SECTION VIII  
Cross -Border Transfer of Information by Electronic Means  
1.  Members recognize that each Member may have its own regulatory requirements concerning 
the transfer of information by electronic means.  
2.  Each Member shall allow the cross -border transfer of information by electronic means when 
this activity is for the conduct of the business activity of a covered person.  
3.  Nothing in this Article shall p revent a Member from adopting or maintaining measures 
inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the 
measure is not applied in a manner which would constitute a means of arbitrary or unjustifiable 
discrimin ation or a disguised barrier to the transfer of information and to trade through electronic 
means . 
SECTION IX  
Cybersecurity  
1.  Members shall endeavor to build their capabilities to prevent and respond to cybersecurity 
incidents by adopting, inter alia, ri sk-based approaches to mitigating threats that avoid trade -
restrictive and trade -distortive outcomes.  
SECTION X  
Personal Data Protection  
1.  Each Member shall adopt or maintain a legal framework that provides for the protection of 
personal data of individu als. In the development of its legal framework for the protection of personal 
data, each Member should take into account principles and guidelines of relevant international 
bodies.  
2.  Each Member shall endeavor to adopt non -discriminatory practices in pro tecting citizens, 
consumers and medical patients from personal information protection violations occurring within its 
jurisdiction.  
3.  Each Member should publish information on personal data protections it provides to citizens, 
consumers and medical patie nts, including how:  
(a) Individuals can pursue remedies; and  
(b) Business can comply with any legal requirements.  
4.  Recognizing that Members may take different legal approaches to personal data protection, 
each Member should encourage the development of mechanisms to promote compatibility between 
these different regimes.   
SECTION  XI 
General  Exceptions  
1.  Subject to the requirement that such measures are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable discrimination between countries where like 
conditions prevail, or a disguised restriction on trade and cross -border tran sfer of information by 
electronic means, nothing in this Agreement shall be construed to prevent the adoption or 
enforcement by any Member of measures:  
(a) necessary to protect public morals or to maintain public order;  INF/ECOM/27/Rev.1  
 
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  (b) necessary to ensure the equitab le or effective imposition or collection of direct taxes in 
respect of trade through electronic means;  
(c) necessary to secure compliance with laws or regulations which are not inconsistent 
with the provisions of this Agreement including those relating to:   
(i) the prevention of deceptive and fraudulent practices;  
(ii) the protection of the privacy of individuals in relation to the processing and 
dissemination of personal data and the protection of confidentiality of individual 
records and accounts; and  
(iii) safety.  
2. Nothing in this Agreement shall be construed:  
(a) to require any Member to furnish any information, the disclosure of which it considers 
contrary to its essential security interests; or  
(b) to prevent any Member from taking any action which it considers necessary for the 
protection of its essential security interests:  
(i) relating to the cross -border transfer of information carried out directly or 
indirectly for military communication;  
(ii) taken in time of war or other emergency in interna tional relations; or  
(iii) to prevent any Member from taking any action in pursuance of its obligations 
under the United Nations Charter for the maintenance of international peace 
and security.  
 
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