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WT/GC/WPEC/M/1  
 
8 February 2023 
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Work Programme on Electronic Commerce  
26 January 2023    
 
  
MINUTES OF THE MEETING  
DEDICATED DISCUSSION ON ELECTRONIC COMMERCE  
HELD IN THE CENTRE WILLIAM RAPPARD AND IN VIRTUAL FORMAT ON 26 JANUARY  2023 
Chairperson: H.E. Ms Usha Dwarka -Canabady  (Mauritius ), Facilitator of the  
E-commerce Work Programme and the Moratorium  
1.1.  The Chairperson  recall ed that, at the General Council meeting in December  2022, she had 
reported on the work conducted since her appointment as facilitator and had shared some thoughts 
on the work ahead. Her report was containe d in JOB/GC/330. As announced at that meeting, a 
thematic calendar of Dedicated Discussions for the first part of 2023  had been circulated  in a 
communication dated 11  January  2023. The topics proposed for th ose discussions were based on 
the consultations conducted in December. The Chairperson  reiterated that this was not a closed list 
of issues . These were topics of common interest that delegations ha d raised. She recalled that t his 
remain ed a Member -driven process and issues wo uld have to be added and adjust ed based on 
Members'  suggestions and the priorities that w ould emerge as discussions progress ed.  
1.2.  The focus of the meeting was consumer protection , an issue that had been raised by numerous 
delegations in her consultations as  well as in the Dedicated Discussion held on 18 November. On  this 
topic, a submission  by India  had been  received and circulated in document WT/GC/W/857. 
The submission had been  on the agenda of the General Council meeting in December and delegations 
had welcomed this contribution to the discussion. The Chairperson drew Members' attention  to the 
questions raised in India's submission regarding Members ' experiences on consumer protection in 
e-commerce , regulatory co operation between enforcement agencies, and the role that the WTO 
could play. She also added a more nuanced question : the role that the WTO c ould play, either alone 
or in co operation with others . She believe d the questions raised by India were pertinent and 
encouraged delegations to use th e meeting as an  opportunity to share their experiences on this 
policy issue , but also to make suggestions on the role the WTO could play,  whether alone or with 
others. Before inviting India to introduce its submission, the Chairperson congratulated the 
Ambas sador and his delegation on India's  Republic Day.  
1.3.  The representative  of India delivered the following statement:  
1.4.  Thank you for your greetings . On our Republic Day , when we  adopted our Constitution in 1950 
and became a Republic , our Constitution began with "We, the people of India ". In the same vein, on 
this auspicious day, we begin our discussion on this very relevant topic with "We, the consumers of 
global e -commerce ". First of all, I would like to thank all the Members who participated in the 
discussions on this topic when we introduced it in the General Council on 19 -20 December 2022. 
Almost all Members who took the floor were very keen, supportive,  and appreciative for selecting 
this topic.  It was not by default that we had our first paper on consumer protection. We had three 
papers ready for submission: the first on consumer protection, the second on telemedicine, and the 
third on what we call digital public infrastructure . While working on  many topics, internally,  we 
decided to first go ahead with consumer protection . In the coming months we will have other two 
submissions, and a few more coming up down the line , to reinvigorat e the Work Programme on 
E-commerce.  
1.5.  Why is this topic important ? Because , as we know , when we deal with trade -related matter s, 
there is generally an interface between the buyer and the seller. Even in trade there is a kind of WT/GC/WPEC/M/1  
 
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  interface between the exporter and the importer,  but in e-commerce  the personal touch or the 
human interface is missing . Therefore , it has added the responsibility of bringing confidence into the 
system and that confidence i s needed at various stages of the transaction.  In our paper , we have 
divided it into four stages : the pre-purchase phase, the purchase phase, the post-purchase phase, 
and the regulatory aspects. These four phases are very important for letting the sector grow  and 
the three  questions  that you, Chairperson,  have also repeated. Madam Chair, you also ask ed what 
the role of WTO  would be . At the beginning , I think the role for the WTO would be to get different 
Members'  cross-cutting experiences on this topic. That would be wonderful.  
1.6.  I can explain the Indian experience because in the last three  years we have done quite a lot 
on cons umer protection in e -commerce and I want to give you a taste of it  – why it is needed and 
why all of us , as consumers of e -commerce , feel the pinch. Only about a couple of weeks back, I , as 
a consumer of e -commerce , faced a very difficult situation. This w as regarding the booking of a hotel 
in another country, through one of the famous booking portals . Surprises kept on springing , even 
on issues such as  obtaining keys to the room from another sister hotel and getting breakfast in 
another sister hotel , etc. This was a cause of tension. This is a very relevant topic for all of us  when 
we buy goods or services over e -commerce platform s and particularly when it is beyond the 
boundaries of the particular sovereign country. It is all the more important that we must have 
regulatory coherence or a system where one can approach that country's regulator or the consumer 
dispute redressal system to get quick result s.  
1.7.  On this aspect , in India we have tried many things . To kick start the discussion , I will give you 
two examples . We have not tried to do anything fancy , because consumer protection is an old topic 
with regular work. So, what we did was we decided to make the entire process electronic in the first 
stage. Most of the e -commerce transactions are small -value  transactions, so if we make it into a 
typical lawyer or court -driven process, the cost itself will be many times tha t of the remedy the 
person is asking  for. Therefore, we started a portal called dakhil. The term "dakhil " is just to submit 
or to claim . It is electronic. To our surprise , within a few months , the number of registered users on 
the portal touched 100,000 and of those 100 ,000 we have logged -in complaints of about 25,000. 
Among those logged -in complaints , we have admitted complaints by the adjudic ator for about 6 ,000. 
So, one fourth of the filed complaints have been taken as admitted . You will be surprised to know 
that in a month or 60 days ' time most of these disputes are getting resolved, and e -commerce 
consumers are getting the remedy in the for m of cash transfer from these companies. The special 
thing that we did  is that we have prescribed that no fee is payable by  the consumer for availing itself 
of this process if the claim amount is about up  to 6,500 U.S. dollar s. Further, we put the responsibility 
of mandatory acknowledgement of consumer complaints on the e-commerce entity and the 
acknowledgement has to be given by the e -commerce entity within 48 hours. This ensures that the 
petition is recognised. The third thing we stipulated was that the e -commerce entity has to redress 
the complaint within one month from the filing . If it is not settled,  then the consumer has the right 
to take it and go to the redressal authority. I am sure that these forums may also exist in many 
countries. We could share experiences so that we could make it more workable, and it can also 
address cross -country e -commerce trade aspects.  
1.8.  With regard to  the second  example , while we were preparing for this paper, India came up with 
a new Standard s Framework in November and December relating to e -commerce consumer 
protection related to fake reviews. When we access e -commerce websites, all of us get swayed by 
reviews and comments  of so-called users and all of us might have suffered at some point  from the 
experience of fake and deceptive reviews . This is again one more important topic which could be 
handled at the global level and for which  India has come up with standards. Initially , it has been 
provided that these standards are voluntary and applica ble to every online platform which publishes 
consumer s' reviews, and we have given the standards  and the methods  for how the e -commerce 
sites can and should verify the review provider. The guiding principle of these standards are integrity, 
accuracy, priva cy, security, transparency, accessibility, and responsiveness. This is a very good 
concept which is going to help people in writing or deciphering whether it is a genuine review or a 
fake review. This puts the responsibility on the e -commerce entities.  
1.9.  Last but not least, last time we met, I mentioned the open network digital commerce  (ONDC) . 
This initiative by India has been a game changer in the world of e -commerce. I would request you 
all to have a look (ondc.org ). Again , it is at the development stage , it is at the alpha and beta stage 
for different entities and different geograph ies. It is a fantastic concept. I would request all of you 
to please have a look at the concept because that is going to revolutionise e -commerce, like we hav e 
done through our unified payment interface (UPI) which has revolutionised digital payment s, not WT/GC/WPEC/M/1  
 
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  only in India but global ly with other countries now adopting it. For your information  – I again repeat 
those numbers because these are not very small numbers  – 40% of today's world digital payment 
transactions are happening in India. When 100 digital transactions are happening, 40 are happening 
in India. Second , if you take in absolute terms the number s, Indian transactions exceed the entire 
transactions of som e of the major economies. This was made possible by the introduction of a digital 
public infrastructure  called UPI  with security and assurity. As we all know, e -commerce cannot work 
without digital payment and digital authentication. In the same way, O NDC is a classic example of 
an initiative that empowers the sellers not to get stuck with one particular platform and generate 
their own history of reliability, credit worthiness, quality, and assurance so that they have the access 
of global consumers . Similar ly, from the consumer side , they have the global access of all suppliers 
not relating to one particular platform.  So, these are my suggestions. We would like to listen to other 
Members.  
1.10.   The representative  of Thailand  delivered the following statement:   
1.11.   Thank you, Madam Facilitator, for giving me the floor. First of all, I hope that we will have a 
very fruitful discussion today. Also thank you, His Excellency, the Ambassador of India , for walking 
us through the paper submitted by India and ela borating on India's perspective. I think we have a 
very good start for intensifying our discussion on the development dimension, since consumers are 
also at the heart of trade, and it is very importa nt to ensure that they are well -equipped with 
resources, knowledge and also  supportive eco -systems to keep pace with evolving trade patterns. 
Before moving to our discussion, I would like to ask whether it would be possible to have a summary 
report or minutes of this meeting . I believe that we will hear a lot of  examples and details from 
many countries and having a summary report will be beneficial to all Members and for the future 
work under  the Work Programme itself.  
1.12.   The Chairperson  confirmed that minutes would be provided for this meeting.  
1.13.   The representative  of Trinidad and Tobago , on behalf of the CARICOM  Group , delivered the 
following statement:   
1.14.    We thank you, Facilitator, for your stewardship of this process thus far and the CARICOM 
Group also thanks the Membership for its constructive engagement. We agree that towards the end 
of last year there seemed to be convergence among the Membership regard ing areas of focus for 
our discussions over the next few months. In this regard, we are pleased at the early convening of 
this discussion, and we are amenable to the proposed approach, namely that we begin by focusing 
on consumer protection for this partic ular Dedicated Discussion. Before engaging on the subject of 
consumer protection in electronic commerce, we wish to emphasise that our amenability to the 
launch of our discussions with this particular topic is not an indicator of the relative importance or  
the primacy of consumer protection in the context of the particular interests and priorities of the 
CARICOM Group as they relate to discussions under the Work Programme on Electronic Commerce. 
It would be recalled that we have highlighted, broadly, the im portance of the development 
dimension, and in the consultations held in December, referenced the digital divide as being of 
particular interest. As such, we welcome the indicative schedule outlined at the last General Council 
meeting and look forward to en gaging the Membership on the digital divide, legal and regulatory 
frameworks and other pertinent topics in the months ahead. That said,  we are prepared to engage 
on consumer protection today.  
1.15.   In this regard, the CARICOM Group thanks the delegation of Indi a for its submission on 
consumer protection in electronic commerce, as contained in WT/GC/W/857 and circulated in early 
December 2022, which we continue to review. It is a useful input to inform our discussion today, 
and we have had the opportunity to refl ect on the perspectives outlined in the submission. We thank 
the delegation of India for highlighting challenges faced by consumers participating in electronic 
commerce, especially those new challenges that are particular to the online environment. The 
references to findings outlined in UNCTAD, WEF and OECD publications are instructive and well 
noted. The submission suggests that due to disparities in education levels and imbalances in the 
consumer -seller relationship, among other factors, consumers in deve loping countries and LDCs are 
perhaps disproportionately affected by challenges associated with engagement in electronic 
commerce, such as those relating to unfair and unethical business practices, misleading advertising, 
lack of security of online payment s and difficulties relating to the resolution of disputes and redress. 
In addition, the paper notes that many of the challenges experienced in the pre -purchase, purchase 
and post -purchase phases become even more acute in the case of cross -border transactio ns. This is WT/GC/WPEC/M/1  
 
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  the context in which the paper points to the value to be derived from multilateral engagement on 
this issue, particularly given the exponential growth in cross -border electronic commerce.  
1.16.   The CARICOM Group acknowledges that the issue of consum er protection in electronic 
commerce intersects closely with and cannot be divorced from a number of other topics relevant to 
trust and electronic commerce, including business trust, privacy and cybersecurity. The linkages 
with cross -border data flows and data protection are also evident. For the developing countries of 
the Caribbean Community to engage meaningfully in global electronic commerce, while contributing 
to – as opposed to compromising – its integrity, our capacity constraints relating to online consumer 
protection would need to be addressed. The observations made in paragraph 3.3 relating to 
cross-border transactions and the negative impact of international fraud on online trust are pertinent 
in this regard. The Group therefore sees value in this  effort to exchange views and perhaps identify 
specific capacity constraints and challenges faced by the Membership, including developing country 
Members, in respect of online consumer protection. It could be useful to map the disparities that 
exist among the Membership and identify opportunities for international cooperation in this regard.  
1.17.   We note that the guiding questions from India speak to clarification of the particular role of 
the WTO, as well as to the enhancement of regulatory cooperation among c onsumer protection 
enforcement agencies. Chapter Eight: Part Two of CARICOM 's RTA, the Revised Treaty of 
Chaguaramas, outlines obligations relating to consumer protection and is understood to extend to 
the online environment. It also bears highlighting tha t the region has benefited from international 
cooperation in this area, including through the Harmonization of ICT Policies, Legislation and 
Regulatory Procedures in the Caribbean (HIPCAR) project of the International Telecommunication 
Union (ITU) and the Caribbean Digital Transformation Project of the World Bank.  
1.18.   Without purporting to speak authoritatively on the experiences and capacity constraints of 
the individual Member States of CARICOM as they relate to consumer protection in electronic 
commerce, I wish to highlight that a relatively -recent review of the electronic commerce policy and 
legislative environment in the region points to extensive room for improvement regarding consumer 
protection legislation and particularly legal and regulatory framework s that are pertinent to the 
dynamic and increasingly  prominent online environment. Several CARICOM Member States would 
benefit from more  robust measures for preventing and even proscribing commercial activities that 
harm consumers engaged in electronic com merce, including misleading advertising and 
misrepresentation, non -delivery of goods despite online payment by consumers and the charging of 
consumers for unsolicited goods and services. Clear approaches to dispute resolution and redress 
relating to unfair  and harmful business practices in electronic commerce, including for cross -border 
transactions, would also contribute to the integrity of electronic commerce in the region. Such 
measures would require and foster transparency, accountability, safety and fa irness among 
suppliers, which would be crucial for building consumer trust in electronic commerce. Cooperation 
relating to interventions to achieve this end would be welcomed.  
1.19.   In closing, the CARICOM Group takes this opportunity to express our reservation s regarding 
the assertion outlined in paragraph 4.7 of the submission from India, which posits that consumer 
protection lies at the core of the subject of e -commerce and our work under the Work Programme, 
in line with its development dimension. We are caut ious about such an assertion, especially as it 
cannot be said of the economies of CARICOM that consumer protection in electronic commerce 
constitutes the main development -related impediment to our efforts to leverage the benefits of 
electronic commerce. As  indicated on other occasions, our priorities for work under the Work 
Programme lie elsewhere, including in respect of the digital divide. Of more  fundamental importance 
for us, for example, would be development -focused discussions that relate to the where withal to 
access and leverage digital infrastructure, digital skills and entrepreneurship, digital platforms and 
digital financial services as they relate to electronic commerce. Even a cursory survey of the 
electronic commerce landscape of our region sugg ests that progress on these elements, including 
through international cooperation, would be fundamental if CARICOM Member States are to 
participate more meaningfully in global electronic commerce.   
1.20.   The representative  of Antigua and Barbuda , on behalf of the OECS , delivered the following 
statement:  
1.21.   This intervention is being made on behalf of the WTO Members of the Organisation of Eastern 
Caribbean States (OECS). At the outset, we align with the interventions on behalf of both the 
CARICOM and ACP Groups. Like others, the OECS has been keen to see wor k under the Work WT/GC/WPEC/M/1  
 
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  Programme on Electronic Commerce intensify. We are very pleased to see and feel the added 
momentum injected by  you, Ambassador Canabady, our very able Facilitator who has our full 
support.  
1.22.   The expansion of e -commerce in the OECS has certa inly exacerbated the risks to consumers, 
in as much as it has also created numerous opportunities. Because of the nature of the Internet , 
where important information on the seller (such as identity, location and business history) can easily 
be concealed, c onsumers are more vulnerable online to deceptive and fraudulent activities. 
Meanwhile, consumer protection laws can also help businesses engaged in e -commerce in terms of 
clarifying the requirements of doing business online within a particular jurisdiction . Therefore, 
consumer laws, policies and regulations may both outline consumers ' rights and business practices 
that are to be expected online, limit fraudulent and misleading commercial conduct, and help 
businesses develop self -regulatory regimes. In the O ECS, our Member States are at different levels 
of progress with respect to having modern consumer protection legislation. At least two of our 
Member States have such legislation, one is in the process of reviewing outdated legislation and the 
other three l ag behind in terms of actually having legislation to address consumer protection. 
As such, there is clearly a need for capacity building support in this area and we are certainly open 
to hearing the experiences of other WTO Members as well as an indication  from relevant Members, 
as well as donor or ganizations, of the kinds of tangible support that can be offered to address 
deficiencies where they exist.  
1.23.   I will now turn attention to the communication from India in document WT/GC/W/857. 
We thank India for th is submission which contains a number of useful reflections which will certainly 
enrich our discourse on this important topic of consumer protection. We want to particularly focus 
on the role that the WTO can play as per one of the questions raised in Indi a's communication. 
On previous occasions, we have spoken at length about the WTO 's convening power,  and we believe 
that on this topic of consumer protection, the WTO is well placed to bring together other relevant 
actors to meet and discuss with Members, a s well as share experiences, which can ultimately help 
those lagging behind to put in place robust consumer protection laws and regulations. Allow me to 
identify some of these potential partners.  
1.24.   The International Consumer Protection and Enforcement Netwo rk (ICPEN) is a network of 
public authorities involved in the enforcement of fair -trade practice laws and other consumer 
protection activities. Its main objective is to identify ways to prevent and redress deceptive 
marketing practices in an international context. The ICPEN has developed the econsumer.gov 
initiative to enhance consumer protection and consumer confidence in e -commerce. Individuals can 
also file complaints online at a single location. One of the main international reference frameworks 
for the  protection of consumers online is the OECD Guidelines for Consumer Protection in the Context 
of Electronic Commerce (OECD 2016). In light of market and regulatory developments, including 
those related to e -commerce, in 2015, the United Nations revised the  UN Guidelines on Consumer 
Protection (UNGCP). The revised guidelines include new provisions, addressing: the rights and 
obligations of consumers and businesses; vulnerable consumers; mobile platforms; payment; 
alternative dispute resolution; consumer educ ation and awareness; data and privacy protection; 
applicable law and jurisdiction; and bilateral, regional and international cooperation. The United 
Nations Commission on International Trade Law (UNCITRAL) has also developed a suite of model 
legislative te xts and notes, touching on various aspects of e-commerce, such as main issues of cloud 
computing contracts and promoting confidence in e-commerce. The OECS also proposes a dedicated 
session bringing together experts from the WTO Secretariat, ICPEN, OECD, U NGCP, UNCITRAL and 
other relevant international bodies which have competencies in the area of consumer protection to 
interact with WTO Members and share perspectives on how Members lagging behind can enact a 
robust framework for online consumer protection.  It should also be appreciated that since many 
online transactions take place cross -border we must also contemplate how best to pursue 
international cooperation with respect to online consumer protection.  
1.25.   Finally, we are again grateful to you , Ambassador Canabady , for the dynamism which you 
have brought to our work. Many thanks also to the staff of the WTO Secretariat for the work they 
continue to do to support you and the wider Membership, much of which often goes unnoticed, but 
without which we will be n oticeably worse off.   WT/GC/WPEC/M/1  
 
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  1.26.   The representative  of China  delivered the following statement:  
1.27.   China attaches great importance to the development of e -commerce and encourages all 
Members to take active part in the proposal -based discussions on specific issues in a pragmatic 
manner under the mandate of MC12. China thanks India for the proposal on consumer protection in 
e-commerce. As the proposal stated, e -commerce brings both benefi ts and new challenges. It is now 
a key concern of every WTO Member to protect the interests of online consumers.  
1.28.   China would like to share our views on the three issues raised by India 's proposal. On the first 
guiding question o n experience  sharing of con sumer protection in e -commerce , e-commerce has 
been growing rapidly in China in recent years. China's online retail sales reached 13.1 trillion yuan 
in 2021, which is nine times higher than 2012. Online retail sales are growing faster than the total 
retail sales. In 2021, the number of users of "live streaming commerce " has doubled year -over-
year, reaching 469 million. This means 44.6% of total Internet  users in China are shopping online 
through "live streaming commerce ". It is also worth noting that with t he rapid development of rural 
e-commerce, online payment and credit consumption are becoming more and more popular.  
1.29.   Considering the large scale of consumption and consumer demands, consumer protection in 
e-commerce is becoming one of the most important is sues in China. Our authorities are developing 
integrated regulatory measures online and offline, so as to create a safe and secure online 
consumption environment. China mainly focuses on the three following aspects . Firstly, China has 
been continuously imp roving the legal systems for consumer protection in e -commerce. A series of 
laws, regulations, and policies are introduced to protect the interests of online consumers. The 
"Consumer Rights Protection Law " and "E-Commerce Law " are the main legislations in this field. 
These laws clarify the responsibility of e -commerce operators and the principles of personal 
information protection. They also ensure effective remedies and the "right to regret " (right of 
withdrawal) for the consumers. China has further issued  the "Administrative Measures for Online 
Trading " and "Administrative Measures for Live streaming Marketing ", and guided the issuance of 
the "Code of Conduct for Live streaming Marketing ", "Live streaming Marketing Selection 
Specifications Code ", etc. The objective of these laws and regulations is to help maintain the market 
order, guide the operations of enterprises, and ensure that the interests of the consumers are 
effectively protected.  
1.30.   Secondly , China enhances the regulatory enforcement so as to set standards for e -commerce. 
On the one hand, China takes full advantage of big data to monitor and deal with the problem of 
"false publicity, price violations, banned or restricted commodities, and fra ud". On the other hand, 
our enforcement agencies are carrying out constant actions to fight against unfair competition in 
key areas. Specifically, to address the issue of information asymmetry, e -commerce platforms are 
encouraged to disclose their licenses  and policies. They are also required to establish an evaluation 
system involving the consumers. With regard to the challenge of unfair commercial practices, a new 
"Provision on the Prohibition of Unfair Competition on the Internet " is now under enactment , focusing 
on various kinds of false advertising online.  
1.31.   Thirdly , China makes full efforts to ensure the consumer protection remedies. According to 
the "Consumer Protection Law ", consumers could resolve disputes through mediation, complaints, 
arbitration, litigation, etc. For instance, in order to further facilitate consumer protection, a 
nationwide complaint platform with the contact number 12315 is established to provide free services 
24/7. Consumers could also submit their complaint letter online at any time, or turn to the complaint 
centres  widespread in communities, markets and scenic spots. In addition, China is also actively 
building an online dispute resolution (ODR) mechanism. Enterprises are encouraged to join this 
mechanism, and consumers are enco uraged to make comments on the platform.   
1.32.   On the second guiding question , namely,  how to enhance regulatory cooperation between 
enforcement agencies relating to consumer protection , as India mentioned in its proposal, as of 
May 2017, 65% of the 75 PTAs tha t contains e -commerce provisions include online consumer 
protection provisions, which shows the ever -increasing importance of consumer protection in 
international trade cooperation. China recognizes the importance of regulatory cooperation and has 
made eff orts on both multilateral and bilateral level. China is committed to playing an active role in 
various international cooperation mechanisms, such as the Intergovernmental Group of Experts on 
Consumer Protection Law and Policy of UNCTAD, International Consu mer Protection and 
Enforcement Network, Consumer Policy Forum among China, Japan and South Korea, Asian Forum 
on Consumer Policy, and so on. In addition, China has included e -commerce rules in FTAs and WT/GC/WPEC/M/1  
 
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  bilateral arrangements, especially online consumer pro tection rules. China urges Members to 
enhance cooperation and promote international exchanges of trade, culture and tourism. In the 
future, China will steadily strengthen institutional capacity and cooperation with regard to the rules, 
regulations, managem ent, and standards in the field of consumer protection.   
1.33.   On the role of the WTO in enhancing consumer protection in e -commerce , China has always 
been a staunch supporter of, contributor to, and defender of the WTO. We expect the WTO to play 
a greater role in enhancing consumer protection in e -commerce. We look forward to Members ' 
cooperation to strengthen consumer protection and promote international economic and trade 
exchanges, to promote the industrial upgrading and improve the well -being of people by se tting high 
standards for consumer protection. China welcomes various dialogues, agendas and agreements on 
consumer protection under the WTO framework. Considering that each Member has different laws 
and regulations on consumer protection, China hopes that relevant discussions at the WTO could 
focus on clarifying the principles of online consumer protection, coordinating the policies of different 
Members, and promoting international cooperation, so as to formulate concrete multilateral rules as 
soon as possi ble. 
1.34.   The representative  of South Africa , on behalf of the African Group , delivered the following 
statement:  
1.35.   Thank you for convening this important discussion.  The ensuing  digital  revolution  highlights  
the need for developing  countries including  LDCs to structurally  transform  their economies . While  
digitalization  provides opportunities,  it requires  certain  capacities  which  are totally  lacking  in most 
developing countries,  particularly  in Africa.  This increases  the importance  of earnest  engagement in 
the context of the  Work Programme on E-commerce. The  Ministerial Decision reached at MC12 , 
where Ministers agreed to "reinvigorate the work under the Work Programme on Electronic 
Commerce, based on the mandate as set out in WT/L/274 and particularly in line with its 
development dimension " is therefore eminently relevant. Paragraph 1.2 of the WPEC sets the GC 
the task of taking up consideration of trade related issues of a cross -cutting nature. Within this 
context, we view Dedicated Discussions of this nature as a useful avenue to take up these 
considerations in addition to regular G eneral Council  meetings and the relevant subsidiary bodies 
identified in the Work Programme . At this point, we would like to acknowledge India 's communication 
WT/GC/W/8 57 as a timely and important contribution to our discussions.  
1.36.   There are many reasons to be optimistic about the trajectory of the African  continent.  
According  to the World  Bank,  six of the 12 fastest  growing  countries in the world  are in Sub -Sahar an 
Africa.1 Between  now and the  middle of this century, half  of the world 's population  growth  will be in 
Africa.2 Similarly,  much  progress  is being made in the ICT space.  According  to UNCTAD, the 
proportion of the population in Africa using the Internet  rose from 16% in 2013 to 18% in 2016.3 
The World  Bank estimates  that this figure grew to 25 % in 2018.4 Telecommunications  and the mobile 
industry have experienced significant development  in Africa  in recent  years.5 From 2013 to 2015,  the 
mobile  phone  coverage rate  in Africa  rose from 63% to 84%, and the number  of subscribers  from 
800 million  to 906 million.6 According  to the Global  System  for Mobile  Communications Association 
(GSMA), Africa has the second -largest number of mobile connections among global regions.7 
Increased uptake of mobile phones is expected to have a growing impact on e -commerce.  High 
mobil e penetration  rates have promoted  the use of electronic  payments  through mobile money 
accounts and mobile banking. The growth of mobile money providers in Africa exceeds the global 
average, and Africa has the highest proportion of adults with a mobile money account of any region.8 
In Africa in 2017, the proportion of persons  of age 15 and above  with a mobile  money  account was  
 
1 https:/ /www.worldbank.org/en/publication/global -economic -prospects  
2 https://magazine.wharton.u penn.edu/digital/3 -reasons -to-be-optimistic -about -africa/  
3 United Nations Conference on Trade and Development (UNCTAD) (2016), "Activités de la CNUCED en 
faveur de l 'Afrique ", UNCTAD Publications, 16 -13690 (F) 260916, UNCTAD: Geneva  
4 World Bank (2019), "Une Analyse des Enjeux façonnant l 'Avenir Economique de l 'Afrique ", Africa 's 
Pulse,  Publication de la Banque Mondiale, April 2019, volume 19  
5 Ninot, O. and Peyroux, E. (2018), "Révolution Numérique et Développement en Afrique : une 
trajectoire singulière ", DOSSIER La nouvelle Afrique, Questions Internationales 90, March –April 2018  
6 GSMA (2018), "L'Economie Mobile de l 'Afrique de l 'Ouest ", Publication de l 'Observatoire de la 
Téléphonie Mobile en Afrique.  
7 ibid 
8 Charlemagne Igue, Alastaire Alin sato and Toussaint Agadjihouédé, E -commerce in Africa: issues and 
challenges  WT/GC/WPEC/M/1  
 
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  22.56%  compared  to 2.5% in Europe, 7.53% in the Americas, and 8.4% in Asia.  During  the period  
2014-2017,  online  payments  or purchases  in Africa  grew by 240.44 %, compared to 97.55 % in Asia, 
and 42.20 % in Europe.9 This strong growth in online payments or purchasing reflects a sturdy 
increase in e - commerce in Africa.10 However, Africa 's share of global e -commerce tra nsactions 
remained at less than 2 % in 2017.11  
1.37.   All of this demonstrates  that e-commerce  has significant  potential  for growth  in Africa. As 
correctly  noted  by India in its communication,  it has been widely  acknowledged  that e -commerce  has 
brought  many  benefits  to consumers  in the form of wider  basket of goods and services at competitive 
prices, ease of transaction from the comfort of one's  home  and more secure  payment  options. 
The paper  goes on to note that at the same time, e -commerce has also created several new 
challenges and issues for consumers, relating to misleading advertising, online payment security, 
unfair terms, data protection, and dispute resolution. The higher complexity of the online 
environment and its related risks present new and highe r challenges to consumers which need to be 
jointly addressed by countries owing to the rapid growth of cross -border e -commerce.   
1.38.   A 2021 WTO study  identifies  cybercrime  and consumer  protection  as being  among  the barriers 
to development of e -commerce on the African c ontinent.12 Where cybercrime  is concerned,  efforts 
are underway  to address  these  issues  at both regional  and national  levels.  The African  Union  adopted  
the "African  Union  Convention  on Cyber  Security  and Personal Data  Protection " at the 23rd Ordinary  
Session  in Malabo  on 27 June 2014 to promote the harmonization and development of cybercrime 
regulations.  With regard to consumer  protection , strong consumer protection is crucial in the 
development of e -commerce. It gives confidence and encourages consumers to buy online. 
According to a report by the International Finance Corporation and Google, "Africa 's Internet  
economy has the potential to reach USD 180 billion by 2025, accounting for 5.2% of the Continent 's 
GDP. By 2050, the projected potential contribution could reach $712 billion, 8.5% of the Continent 's 
GDP." As e-commerce grows, putting in place an effectiv e consumer protection framework should 
be seen as an enabler of the digital economy.13 UNCTAD  has compiled  data on legislative  regimes  of 
Members. Out  of 142 countries for which data are available, 115 have adopted legislation on 
consumer protection relate d to e -commerce. That share varies from 78% in Europe to 52% in Africa 
and 71% in the Americas. 6% of African countries are in the process of developing draft legislation, 
15% have no legislation and no data is available in 28% of African countries.  These remarks are 
meant to provide Members with a flavour of developments in this sphere in the very broad African 
continent.  
1.39.   The representative  of Indonesia  delivered the following statement:  
1.40.   We have often heard success stories regarding electronic commerce : how it has increased 
people's welfare, especially during the pandemic; how e -commerce has made transactions easier for 
consumers; and how e -commerce is upheld as the future of world trade. However, we also often 
hear the increasing cases of fraudulent tra nsactions or personal data, involving both domestic and 
international electronic transaction. E -commerce has grown rapidly, or maybe a little too fast, and 
it will continue to grow and develop in ways we cannot imagine, as part of the Industrial Revolution  
4.0. Not only through conventional e -commerce transactions,  digital trade  has also  developed 
massively through social media, and through advertising and selling products via Instagram, 
Facebook, etc. This of course creates additional problems. The lack of  consumer education has 
resulted in many cases of fraud , which have actually reduced consumer confidence in digital 
transactions as a whole. Consumers protection is an essential element to provide a sense of security 
while doing electronic media activities . It will be tough for us to encourage the e-commerce industry 's 
growth if there is no trust from the consumers. For this reason, Indonesia supports the paper 
submitted by India, and appreciates the discussion on consumer protection, under the framework of  
the Work Program on E -commerce, so that we can find solutions together.  
 
9 ibid 
10 Centre Africain pour la Politique Commerciale (CAPC) (2018), "Note sur le Commerce Electronique ", 
UNECA.  https://unctad.org/meetings/en/Contribution/CEA_UEMOA2018_fr.pdf  
11 ibid 
12 ibid 
13 CIPESA, Advancing Consumer Protection across Africa in the Digital Age, 
https://cipesa.org/2021/02/advancing -consumer -protection -across -africa -in-the-digital -age/ WT/GC/WPEC/M/1  
 
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  1.41.   In Indonesia's view, the first thing that is most important, is to explore the possibility of 
standardized regulations in e-commerce. While we believe that Members already have regul ations 
with varying depths, which is understandable, there is still lack of harmonization of regulations 
among Members, especially for essential matters. We realize that many Members, especially in 
developing countries, are still mix and match, trial and e rror their regulations for the sake of their 
national interest. Internally, Indonesia has regulation through Government Regulation 80 of 2019 
(GR 80, 2019) to improve the governance of Internet -based and electronic trading activities. GR 80, 
2019 states th at e-commerce businesses must respect consumer protection . Furthermore , the 
regulation addresses more specific protection framework regarding personal data protection, 
consumer complaints, and dispute resolutions. On a regional level, as mentioned in the p aper 
submitted by India, the ASEAN Agreement on Electronic Commerce has already entered into force 
since December  2021. The agreement established common principles and rules to promote the 
growth of e -commerce in the region, and to strengthen capacity to i mplement them, including 
cooperation in online consumer protection and cybersecurity. Indonesia believe s that it is crucial to 
maintain and evaluate current or new regulations to be flexible and to complement technological 
innovation, as well as to facilit ate digital economic growth while still paying attention to the safety 
of its consumers.  
1.42.   The second important thing is collaboration. We should encourage more intensive cooperation 
between Members ' competent authorities in charge of consumer protection in  e-commerce -related 
activities, to enhance cross -border consumer protection, as well as more collaboration and exchange 
of best practices between entities responsible for cybersecurity. Due to the cross -border nature of 
e-commerce and digital trade, a harm onized approach to standards, will also provide consumers 
with the security and confidence to engage on e -commerce platforms.  
1.43.   Third, we as regulators must understand what is happening in the digital world today. On that 
note, Indonesia is of the view that  there is a need to listen to the experiences of third parties, from 
the actors and players of this field, and invite them so that we can gain an understanding of what is 
happening and hopefully to find a solution. There is a need for certainty over the in ternational 
regulatory framework related to e -commerce in order to create international trade that is inclusive, 
transparent and safe. Indonesia stands ready to play an active role in the discussion, to find a 
favourable solution, so that all Members have similar standards, in ensuring the security of our 
people in digital transactions, and to advance the international digital economy.  
1.44.   The representative  of Sri Lanka  delivered the following statement:  
1.45.   Madam Facilitator, thank you for convening this meeting to discuss this very important area , 
consumer protection related to e -commerce. We have been having detailed discussions on various 
challenges that developing counties and LDCs have to face relating to e -commerce such as digital 
divide, infrastruct ure development, development of human resources, technology transfer, the list 
goes on. Consumer protection is also a very important area that we need to have an in -depth 
discussion in the e -commerce Work Programme. In this regard, my delegation would like  to thank 
India for its submission on ‘consumer protection in ecommerce ' through the document 
WT/GC/W/857. This a comprehensive document which captures the challenges that consumers, 
especially in developing countries and LDCs, have to face relating to e -commerce. The submission 
by India points out that the UNCTAD questionnaire on Consumer -Protection in E -Commerce has 
listed more than thirty broad e -commerce challenges impacting consumers in developing countries. 
This shows the importance of this subject ma tter. These challenges need to be addressed for creating 
trustworthy and effective online ecommerce platforms.  
1.46.   As in many other countries, e-commerce is a rapidly growing sector in Sri Lanka. E -commerce 
in Sri Lanka has grown significantly with the increased use of the Internet  and smart devices, 
especially during the COVID -19 pandemic. According to the Information and Communication 
Technology Agency (ICTA) of Sri Lanka and the United Nations Conference on Trade and 
Development, Sri Lanka 's digital economy was 4.37 % of GDP in 2022.  The increase has been driven 
by increased utilization of e -payments, e -banking, online medical consultations, and e -sports.  
Approximately 43 % of the estimated 11 million Internet  users have made online purchases.  
1.47.   Consumers in Sri Lanka also experience most of the challenges highlighted in the submission 
by India under the three phases. Sri Lanka has tried to find solu tions for some of these challenges 
through various ways. For instance, Sri Lanka recently passed a new legislation on the protection of 
personal data , Personal Data Protection Act. This Act sets out obligations for data controllers and WT/GC/WPEC/M/1  
 
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  processors, as well as rights of data subjects. This Act is the principal legislation that deals with 
personal data protection in Sri Lanka. In addition, there are two more legislations in Sri Lanka that 
regulate privacy and data protection namely, Computer Crime Act and Elec tronic Transactions Act.  
1.48.   As suggested by India in its submission, sharing experiences, regulatory cooperation between 
Members ' enforcement agencies and also the role that the WTO can play in enhancing consumer 
protection are all very important areas that we need to take into consideration. In this regard, the 
guiding questions raised by India in its submission are extremely relevant. We can use various ways 
to find responses to pertinent questions raised by India. In this regard , focused workshops and 
thematic sessions will also be very helpful. We should continue our discussion on consumer 
protection in e -commerce based on these guiding questions.  
1.49.   The representative  of Nicaragua  delivered the following statement:  
1.50.   Nicaragua would like to thank the delegation of India for presenting  its communication on 
consumer protection in e -commerce. The Government of Nicaragua has undertaken to develop the 
e-commerce sector to help SMEs and entrepreneurs, and to facilitate the i ntegration of Nicaraguan 
companies into the digital economy. In this connection, four factors have been identified to promote 
the use of electronic means to carry out commercial transactions: (i)  access to information and 
communications technologies (ICT);  (ii) postal reliability; (iii) access to the financial system; and 
(iv) customer confidence in the security of electronic transactions.  
1.51.   In Nicaragua, Internet  service coverage, in its various forms, has increased considerably . 
According to data from the Nicaraguan Chamber for Internet  and Telecommunications (CANITEL), 
in 2022, Internet  coverage extended to 85% of the population, following a clear upward trend . Postal 
reliability has also improved, largely as a result of the implementation of GPS technolog y. However, 
issues remain with access to the financial system , and customer confidence in digital transactions is 
affected by potential infringements of consumer rights . We therefore believe that Governments  must 
adopt proper regulations. Consumer protecti on in digital transactions is broadly covered by the Law 
to Protect Consumer and User Rights, Law No. 842, Article 77. More tightly regulated sectors have 
specific consumer rights protection laws, enforced by different competent authorities. These sectors 
include financial services, health services, telecommunications and tourism. In order to address the 
consumer protection challenges associated with the digitalization of trade, coordination between 
national regulatory authorities must be strengthened and s teps taken to ensure that they are all 
able to respond to users' claims.  
1.52.   With respect to the guiding questions posed by India in document WT/GC/W/857, Nicaragua 
would like to point out that we have very little experience of consumer protection in e -commer ce. 
This may be due to two reasons, the first being the slow development of e -commerce, as many 
consumers still prefer traditional transactions. The second is that consumers are still unaware of 
regulatory authorities' procedures. In response to the second  question: h ow can Members enhance 
regulatory cooperation between their enforcement agencies relating to consumer protection? 
Nicaragua believes that common problems could be identified through meetings with consumer 
protection authorities and postal servi ces, among other entities responsible for regulating 
e-commerce in various specific sectors. Meanwhile, in response to the third question, we believe 
that the WTO can play an important role in consumer protection in cross -border e -commerce. In this 
connect ion, we stress the importance of continuing discussions in the framework of the Work 
Programme on Electronic Commerce. In addition, we trust that the WTO can fulfil its negotiating 
function in the establishment of provisions and agreements that regulate cr oss-border e -commerce 
and online consumer protection, including provisions for special and differential treatment and longer 
implementation periods for developing countries like ours.  
1.53.   Lastly, Nicaragua would like to take this opportunity to say that we ag ree with some of the 
concerns highlighted by India in its communication and that they should be taken into account in 
these discussions. These include the asymmetries in the legal frameworks for Internet  transactions, 
suppliers' unfair commercial practices , and the challenges and issues related to information and 
personal data protection, and online payment security.  WT/GC/WPEC/M/1  
 
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  1.54.   The representative  of Costa Rica  delivered the following statement : 
1.55.   First of all, Happy New Year to all . I would like you thank you , Madam Facilitator,  for this 
meeting and India for its communication. I would like to present Costa Rica's experience on 
consumer protection in the context of e -commerce while trying to respond to the questions India 
raises in i ts document and, more generally, to contribute to this discussion. In 2018, the Government 
of Costa Rica amended the Regulations of the Competition and Consumer Defense Law  (Executive 
Decree No. 37899 MEIC). The amendment included a new chapter on "Consume r protection in the 
context of electronic commerce", aimed at providing greater clarity and legal safeguards to all actors 
on the e -commerce market. The new Regulation establishes requirements for e -commerce traders 
in six areas:  
• First, functional equivale nce for electronic commerce: facilitated contracts and information 
for e-commerce consumers shall enjoy the same protection as regular transactions and 
information.  
• Second, information on goods and services: traders are required to provide consumers with 
sufficient information on elements that influence their purchase decision, including, if they 
go ahead with it, the functionality of digital content. They are also required to provide clear, 
precise and adequate information on the terms and conditions and a ssociated transaction 
costs.  
• Third, trader information: traders are required to include on their platform the following 
information at a minimum: geographic location of their main office, trading name, address, 
telephone number and email address.  
• Fourth, p rotection of children and vulnerable consumers: traders are required to take special 
care in their advertisements and marketing that target children and vulnerable or 
disadvantaged consumers.  
• Fifth, secure payment: traders are required to use efficient, re liable and certified security 
systems to guarantee the protection, integrity and confidentiality of transactions, payments 
and consumer data.  
• Sixth, consumer reviews or ratings: traders are required to provide tools on the same 
medium as the one used for t he transaction so that consumers can submit queries, 
complaints and claims. Traders are required to deal with consumer claims swiftly, directly 
and free of charge.  
1.56.   Furthermore, Costa Rican legislation on the protection of e -commerce consumers is 
implemente d through market monitoring by the Electronic Commerce Observatory and 
investigations and remedies are conducted by the Directorate for Consumer Support and the National 
Consumer Commission. The Electronic Commerce Observatory monitors websites and verifie s that 
information provided to consumers meets legal requirements.  
1.57.   For countries like Costa Rica, inter -agency cooperation is crucial. Costa Rica takes into account 
the experiences and results of cross -border cases of consumer protection to continuously i mprove 
and broaden existing cross-border cooperation to protect consumers from fraudulent and deceptive 
business practices across borders.  For this reason, we believe it is imperative to improve regulatory 
cooperation through measures such as: (i) committi ng to improve domestic frameworks so as to 
cooperate with foreign entities, as well as provide mutual assistance in cross -border consumer 
protection matters; (ii) developing national and regional legislative approaches to facilitate 
transparent and interop erable cross -border applications for legal access based on international 
standards; and, (iii) building international alliances to guarantee cross -border consumer protection 
with a view to protecting consumer rights and mitigating any risks and damage that  may arise from 
fraudulent and/or deceptive cross -border business practices.  
1.58.   Lastly, we believe that the WTO can play a role in effectively protecting global e -commerce 
consumers in at least two areas: (i) by promoting communication, cooperation and, where possible, 
joint initiatives at the global level between governments and interested parties; and (ii) by continuing 
to enhance the capacity of consumer protecti on authorities and other relevant authorities to WT/GC/WPEC/M/1  
 
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  cooperate and coordinate their investigations and implementation activities, through notification, 
information exchange and assistance with investigations.  
1.59.   The representative  of Brazil  delivered the followin g statement:  
1.60.   Thank  you, Ambassador, for convening this first thematic session of the Dedicated Discussion 
on e -commerce under the General Council. Brazil would like also to thank India for the 
communication WT/GC/W/857 and for the presentation, which give s us a good basis for the 
exchange of experiences on such a key issue for ensuring that consumers can fully benefit from the 
impressive growth of e -commerce in our economy and worldwide. Turning to the guiding questions 
proposed by India 's submission, we a re going to briefly share some of our experiences in the area 
of consumer protection in e -commerce.  
1.61.   In terms of legal and regulatory framework, Brazil has not developed specific legislation for 
consumer protection in e -commerce. Instead, the Civil Framework for the Internet , (Marco Civil da 
Internet ), a piece of legislation that entered into force in 201 4, provides that the rights, principles 
and standards of the existing legislation for consumer protection, such as the Civil Code and the 
Consumer Protection Code, should also be applied for e -commerce transactions, whenever 
practicable. With regards to go vernment agencies responsible for consumer protection in 
e-commerce in Brazil, the National Consumer Secretariat (Senacon) of the Ministry of Justice and 
Public Security is the federal body tasked with drafting and implementing the national policy for 
consumer protection, including measures related to cross -border e -commerce.  
1.62.   Concerning regulatory cooperation between enforcement agencies relating to consumer 
protection, the National Consumer Secretariat (Senacon) coordinates the National System of 
Consumer  Defense (SNDC), which is composed of state and municipal bodies (the Foundations for 
Defense and Consumer Protection – Procons), the Public Prosecutor and Defense 's Offices, and civil 
society institutions. In  July 2020, the National Consumer Defense Counc il, composed of 
representatives of consumers and businesses, was established as a collegiate advisory body of the 
National System of Consumer Defense, with the aim of proposing recommendations on the 
implementation of legislation in the area of consumer pr otection. Among the main initiatives of the 
Brazilian government in the area of consumer protection in e -commerce, we would highlight two 
examples: (i) a public and free platform for the lodging of complaints, dialogue, and conflict 
resolution between cons umers and companies, including digital platforms, called consumidor.gov; 
and (ii) consumer education actions, such as the publishing of the "Guide to Good Practices and 
Guidelines for Electronic Commerce Platforms " and the "Guide How to Protect Your Person al Data " 
in e-commerce transactions.  
1.63.   On the international front, Brazil attaches high priority to international cooperation as a way 
to address challenges related to consumer protection in cross -border e -commerce, and, thus, 
participates actively in the d iscussions and initiatives of international fora such as the OECD, 
UNCTAD, G20, and BRICS. Within Mercosur, Resolution GMC N° 37/19, on "Consumer Protection in 
E-Commerce ", was adopted in 2019 with the aim of setting common minimum standards for 
consumer p rotection rules in the digital environment between Mercosur members . In 2020, Brazil 
joined the international platform "econsumer.gov ", a project of the International Consumer 
Protection and Enforcement Network (ICPEN) which facilitates coordination betwee n agencies from 
more than 65 countries for the protection of consumers in cross -border e -commerce. Besides, in our 
FTA practice, we have included provisions on consumer protection and spam in our bilateral 
agreement with Chile and in the Mercosur E -Commerc e Agreement, as well as in other agreements 
that are being negotiated with other trade partners.  
1.64.   On the role of the WTO, Brazil considers that the exchange of experiences under the Work 
Program on E -Commerce can provide useful inputs and examples for the Members, particularly 
developing and LDCs, which are developing or modernizing their legal and regulatory framework on 
consumer protection on e -commerce. Finally, Brazil remains committed to the implementation of 
the MC12 ministerial mandate on the Work Pr ogramme and will continue to contribute with our 
experience and perspectives on the next meetings of the Dedicated Discussions on e -commerce.  WT/GC/WPEC/M/1  
 
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  1.65.   The representative  of Mauritius  delivered the following statement:   
1.66.   Let me join others to wish Members and the WTO Secretariat a very happy new year. Mauritius 
at the outset thank s India for having prepared and introduced Communication WT/GC/W/857  on the 
critical issue of Consumer Protection in E -commerce. Like many countr ies, Mauritius does not have 
consumer protection laws crafted specifically for e -commerce. Prevalent rules for consumer 
protection do not cover issues specific of the online environment. We are looking forward in this area 
and we would like to hear more fr om other parties which have in place such a legislation and the 
challenges they face with implementation.  
1.67.   We would also welcome a platform to share experiences and technical assistance to help 
countries with the drafting of the legal framework and capacit y building for enforcement , including 
the training of officers. We want to see those matters to be considered: (i) the definition of 
misleading or deceptive commercial practices; (ii) a definition of fair business practices that covers 
principles, among ot hers, on consumer information, secure payment mechanisms, and 
compensation for the violation of consumer rights; (iii) details on misleading, fraudulent and/or 
deceptive commercial practices that may cause potential harm to consumers; (iv)  the adoption of 
measures regarding the duties of traders including, among others, the duty of good faith, the 
provision of information, and access to redress; (v) cooperation between the respective consumer 
protection agencies or other relevant bodies; and, (vi) how online dispute resolution scheme may 
operate and the creation of measures for consumer protection including the submission of complaints 
by cross-border consumers, the implementation of mutually acceptable alternative dispute 
resolution mechanisms, including joint investigations.  
1.68.   We would also welcome more work and collaboration in this area by the WTO and other 
international institutions like the ITU  and UNCTAD which are actively involved in the area, also taking 
into consideration of the progress at the UNODC, under the Ad Hoc Committee to elaborate a 
Comprehensive International Convention on Countering the use of ICT for Criminal Purposes. In this 
regar d, we welcome the paper submitted by India, which is for us a step in the right direction on 
consumer protection in e -commerce.  
1.69.   The representative  of Tunisia  delivered the following statement:   
1.70.   First of all, I would like to wish all of you a happy and pros perous new year. I would like to 
thank the Facilitator for convening this important discussion. We also welcome the approach of 
Dedicated Discussions and encouraging Members to share their experiences. In that regard, we 
commend you and the Secretariat for choosing relevant topics. I thank India for its communication,  
and I wish His Excellency,  the Ambassador from India , a happy Republic Day.  I also associate myself 
with the statement made by South Africa, on behalf of the African Group.  
1.71.   Further to the conclusion in your report to the last meeting of the General Council on the 
need, identified by Members, for greater cooperation with other in ternational organizations that have 
a head start on actions to bring about a digital transformation and the development of e -commerce, 
such as ITC and UNCTAD, I would like to refer you to the eTrade Readiness Assessments (eT Ready) 
carried out by UNCTAD as  part of the eTrade for All initiative, launched in 2016. This initiative is a 
concrete example of how the international community can join forces to support the digital 
transformation of less well -equipped countries and the 2030 Agenda for Sustainable Dev elopment.  
This exercise, which has to date assessed more than 30 countries – mainly LDCs but also some 
developing countries, including Tunisia – provides a detailed analysis of the digital ecosystem and 
addresses all the topics that have been proposed for discussion in th e Work Programme , as part of 
the effort to find capacity building solutions in seven key policy areas of the digital ecosystem, 
namely: (i) ICT and electronic services infrastructure; (ii) trade facilitation and logistics; 
(iii) payment sol utions; (iv) legal and regulatory frameworks; (v) strategy formulation; (vi) 
e-commerce skills development; and , (vii) access to finance.  
1.72.   I would like to share briefly with colleagues some of the findings and recommendations of 
Tunisia's eTrade Readiness Assessment, in particular, those on the topic of consumer protection. 
These findings and recommendations are in line, to some degree, with the Assessment findings for 
several other developing countries and LDCs.  The UNCTAD Assessment, which considers Tunis ia to 
be one of Africa's e -commerce champions – ranking it first among North African countries and third 
among the top performing African countries in terms of the e -commerce development index, after WT/GC/WPEC/M/1  
 
- 14 - 
 
  Mauritius and South Africa, and among the top 70 countri es globally, according to the ICT 
Development Index of the ITU – has highlighted the existence of several obstacles but also under 
exploited opportunities in the seven aforementioned areas, which have prevented Tunisia from fully 
unleashing its considerabl e potential for growth in the sector.  As such, and with regard to consumer 
protection, Tunisia is one of the region's pioneers in the adoption of specific legislation on trade and 
e-commerce, with the adoption of an e -commerce law in 2000. This law provide s, inter alia, for 
consumer protection, including by specifying mandatory information that must be provided to the 
consumer: the identity of the service provider, product description, the invoicing legal notices, the 
terms of commercial guarantees, the aft er sales service and the right of withdrawal etc.  A number 
of other laws regulate e -commerce activities, in particular, laws on sales techniques, commercial 
advertising, distributive trades, personal data protection and consumer protection. According to th e 
Assessment, a cybercrime law is required.  
1.73.   Despite this wealth of legal provisions, the current regulatory framework governing 
e-commerce in Tunisia is considered incomplete and not conducive to the development of the sector. 
This is mainly attributed to this multitude of laws and scattered legal texts, which reduces the general 
public's understanding of them.  Other difficulties include the weak enforcement of legislation and 
the procedures for checking and cracking down on infractions by commercial websit es, which remain 
insufficient to counteract the expansion of the informal economy in Tunisia and illegal e -commerce.  
In fact, the figures shows that electronic transactions increased by more than 67% as a result of the 
pandemic, but only one third of sales  revenue is formal.  Millions of transactions slip through 
unchecked, mainly owing to the lack of official interlocutors with the major social networks, which 
are increasingly an open space for informal trade.  Lastly, the UNCTAD eTrade Readiness Assessment 
for Tunisia recommends, in addition to revising the regulatory framework to strengthen consumer 
confidence, building the capacities of economic and tax control agents on this topic, and improving 
collaboration among ministries responsible for trade/ICT/fin ance, including establishing a directory 
of official commercial websites and a trust mark.  In concluding, my delegation believes that further 
discussions with Members that have benefited from similar assessments would help us to step up 
our efforts and rea ch the desired objectives straightaway. We therefore stand ready to engage with 
all Members on this subject.  
1.74.   The representative  of Hong Kong, China  delivered the following statement:  
1.75.   Thank you, Facilitator,  for convening today 's session and India 's introduction of the paper.  
Since this is my first time taking the floor, I would like to quickly introduce myself. My name is Helen 
Kwan and I replaced Frank Tsang, whom I think some of you are very familiar with, just before the 
Christmas break.  Back to t oday's topic, I would like to highlight Hong Kong, China 's experiences and 
share our take on WTO 's role as follows. Recognising the many challenges facing consumers in the 
digital markets, Hong Kong, China  considers it imperative to create an enabling envi ronment for the 
healthy development of e -commerce while ensuring consumer rights and building trust at the same 
time. We strive to maintain an effective consumer protection regime where both businesses and 
consumers can trade fairly with confidence. While consumers should be well -informed to make 
choices out of their own free will, regulatory requirements should be transparent and kept to the 
minimum at the same time so that business operation and efficiency would not be compromised and 
fettered.  
1.76.   Hong Kong , China  is steadfastly committed to the protection of consumer rights, irrespective 
of whether the commercial activities are conducted online or in person, with a view to providing a 
secure, fair and transparent trading environment. First of all, we have a  comprehensive legal 
framework to protect consumer rights. Various laws are already in place to protect consumers from 
illegal commercial activities including false trade descriptions of goods and services, unfair trade 
practices, misrepresentation, consum er contract related matters, as well as deception and fraud 
offences. In addition, to provide additional protection to consumers engaged in online transactions, 
there are specific laws to accord the same legal status to electronic records and signatures as  their 
paper counterparts, contain the problem of unsolicited commercial electronic messages (spam), 
ensure secured online payment, and protect personal information and data. Our Customs and Excise 
Department is the main enforcement agency of consumer prot ection laws and continues to take 
vigorous enforcement actions to combat illegal commercial activities, in particular those relating to 
online copyright and trademark infringement. For instance, a "Computer Forensic Laboratory " was 
set up to conduct forens ic examination on digital devices containing crime evidence; an "Electronic 
Crime Investigation Centre " to enhance online investigation capabilities; and a "Big Data Analytics WT/GC/WPEC/M/1  
 
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  System " for retrieving and analysing massive information from various Internet  platforms for online 
investigations.  
1.77.   We also attach great importance to consumer empowerment. The Consumer Council of Hong 
Kong, an independent public organisation for the protection of consumer rights, provides consumer 
education to targeted groups on con sumer rights and responsibilities, consumer protection laws as 
well as skills in rational consumption, irrespective of whether the consumption is taken place online 
or not. To facilitate dispute resolution for cross -border e -commerce transactions, we have been 
actively promoting the use of Online Dispute Resolution (ODR) to resolve disputes through the use 
of electronic communications and other information and communication technology. With ODR, 
parties may resolve disputes remotely via dedicated online pla tforms involving expedited models of 
alternative dispute resolution processes such as negotiation, mediation and arbitration.  
1.78.   Last but not the least, Hong Kong, China  cooperates closely with both local and overseas 
agencies to enhance enforcement efforts in consumer protection in e -commerce, for example, 
exchange of intelligence and enforcement cooperation in tackling Intellectual Property Rights (IPR) 
problems. We also work closely with relevant stakeholders, including global and local online service 
providers and platforms, in detecting and clamping down on online infringement and counterfeiting 
activities. Needless to say, we are an active participant in various operations or initiatives organised 
by international organisations such as World Customs Orga nization, APEC, INTERPOL and Europol.  
1.79.   Before I close, I would like to emphasise WTO 's important role on this topic. As a rule -making 
body, the WTO could take the lead in setting trade rules for the protection of consumer rights in the 
digital economy, in order to enhance consumer confidence as well as to ensure certainty and 
predictability in cross -border e -commerce transactions.  Of note is that participants of the Joint 
Statement Initiative ( JSI) on E-commerce have agreed on a set of provisions specifically on 
consumer protection , which actually contains a number of elements mentioned in India 's paper.  
Going forward, I would like to encourage India to further explore the work of the JSI with a vie w to 
finding convergence in and adding synergy to our on -going discussions. Besides, the WTO can also 
play the role of facilitator by providing more capacity building activities and information sharing 
sessions for developing country and least developed co untry Members to design and develop a 
consumer protection regime for e -commerce that best suits their domestic circumstances. Hong 
Kong, China  stands ready to work closely with other Members to advance future workstreams in the 
Work Programme on E-commerce . 
1.80.   The representative  of Chile delivered the following statement : 
1.81.   Thank you, Madam Facilitator. Happy New Year to all our colleagues and many thanks to the 
delegation of India for their interesting presentation. In 2021, the percentage of Chileans who made 
online purchases rose to 63%. Until the end of last year, the regulatory framework governing 
consumer rights was enshrined in Law No. 19.496 of March 1997, which did not distinguish between 
online and in -store purchases. On  24 March  2022, the Regulation on  Electronic Commerce entered 
into force, by virtue of which consumers who use this method of purchase have a right to relevant 
information before making the purchase, such as:  
• Total cost of the product or service: The Regulation provides that traders must meet 
information requirements about the total cost of the product or service, as well as the terms 
and conditions thereof. They are also required to expressly provide information about 
product specifications, such a s size, colour, weight, number of units, material, restrictions 
and relevant warnings;  
• Delivery: It also covers matters related to delivery. For example, traders must itemize the 
total delivery or collection cost in the breakdown of the overall price of t he product, the date 
on which the product will be available for pick up where appropriate, or estimated period 
during which collection or delivery can be expected, specifying if using business or calendar 
days;  
• Availability of stocks: Another relevant asp ect of this Regulation is the fact that henceforth, 
traders are required to inform consumers about any product that may be out of stock, i.e. 
they have a duty to inform consumers that there are no available units to buy prior to WT/GC/WPEC/M/1  
 
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  proceeding with the transac tion such that the purchase can be cancelled due to the item 
being out of stock.  
• Right of withdrawal: Withdrawal implies that consumers may change their mind about their 
online, TV or catalogue purchase within 10 days of receipt of the product or of order ing the 
service. This right is also extended to in -store purchases for which the consumer did not 
have direct access to the product;  
• Trader contact information: The Regulation also stipulates that consumers must be able to 
contact traders, establishing re quirements on providing the specific contact details of the 
provider and online platform operator, and clearly indicating the channel of communication 
to be used to submit queries and resolve any issues. In fact, one of the most common 
complaints lodged wi th SERNAC (National Consumer Service) during the pandemic was 
inability to contact traders in case of problems.  
1.82.   The representative  of the European Union  delivered the following statement:  
1.83.   I want to start by saying that we cannot be in the WTO discussing the importance of facilitating 
e-commerce and enhancing consumer protection, without condemning Russia 's aggression in 
Ukraine that started almost one year ago and brought enormous suffering onto Ukrainian people 
and damage to Ukrainian economy, and to trade in general whether physical or digital. The EU 
condemns Russia 's actions. The EU stands with Ukraine in their heroic fight in defending their country 
and our common values. And we will do so for as long as it tak es.  
1.84.   Thank you, Facilitator,  for your efforts in setting up a workplan for the reinvigoration of the 
E-commerce Work Programme. The discussions on the challenges and opportunities of e -commerce, 
for developing countries in particular, are extremely importa nt and so are discussions on the issues 
specific to the e-commerce moratorium to which we will get later in the year, in line with your 
proposed plan. The EU fully support s your proposed way forward of having monthly meetings on 
specific issues. We look fo rward to  active and constructive discussions among Members  and hope 
that this experience sharing will help to identify issues for further work, here or in other possible 
formats. I  would like to agree with Thailand's request and suggestion that having minu tes of our 
information exchange  would be  very helpful.  
1.85.   In response to the Facilitator 's invitation to share experience on consumer protection, I will 
provide a very brief summary of the EU approach/practice/lessons learned, highlighting main 
elements. And we would be happy to provide additional or more detailed information to Members 
bilate rally or at any possible subsequent meetings on this topic. I would a lso thank India for their 
communication that raised a number of pertinent issues and is certainly helpful to frame discussion.  
1.86.   In terms of the EU 's experience , in the EU  the consumer pro tection regulative framework 
could be broadly divide into  3 main blocks: (i) substantive consumer protection rules  that establish  
consumer rights, prohibit unfair contract terms and prohibit unfair commercial practices in business 
to consumer transactions , among other things ; (ii) procedural consumer rules, setting up rights and 
processes for consumers to obtain redress; and (iii) product safety laws. The regulatory framework  
applies to both offline and online scenarios. But, given the fast pace of digitali sation, we keep these 
regulations and directives under review so as to ensure that it is fit for purpose in the digital world.  
Let me give you s ome examples  of the first block of substantive  consumer protection rules . Among 
other things,  the EU has require ments for sellers on the information  that consumers need to be 
given before they purchase goods  and services , including digital content. That also includes the right 
to cancel online purchases . We also have rules prohibiting unfair contract terms, that also cover 
online and off -line purchases of consumer goods  or subscriptions . The EU also regulates unfair 
commercial practices in business -to-consumer transactions, that occur before, during and after a 
transaction has taken place.  
1.87.   We observe that t he digi tal transformation is introducing improvements to business -to-
consumer practices. But it also brings new challenges, such as new technologies and data -driven 
practices being used to undermine consumer choice or influenc e consumers to take decisions that 
go against their interests . To respond to the challenges related to digital trade, we keep our 
regulatory framework under revision . Some of the  recent changes introduced or considered include: WT/GC/WPEC/M/1  
 
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  increase d transparency requirements for  online marketplaces ; and ensur ing that online consumer 
reviews are genuine and not commissioned or paid for by a trader . 
1.88.   Consumer redress is equally important to enhance consumer trust in the online environment.  
On procedural issues, having the possibility for redress in case of breaches of consumer rights is one 
of the key elements in enhancing consumer trust in online environment. Under EU law, there are 
several routes to obtaining redress: before the courts in EU Member States , or appealing to  quality -
certified alternative dispute resolution entities. National public enforcement authorities also enforce 
consumer protection laws. These authorities either act on their own initiative against infringements 
by traders, or following complaints they r eceive. They can require the trader to stop the infringement 
and impose penalties.  
1.89.   Finally, product  safety is the cornerstone of consumer safety and consumer confidence. Under 
EU legislation, every consumer product put on the market needs to respect certai n requirements 
regarding information to consumers, measures to avoid safety risks, monitoring of product safety, 
and traceability. A new General Product Safety Regulation  is also undergoing a revision at this stage. 
The future regulation will further stren gthen the safety of products sold online. For instance, it will 
require economic operators to provide traceability information as well as warning or safety 
information. In line with the Digital Services Act, it will also set out obligations on providers of  online 
marketplaces in relation to the safety of products, for example: (i) the obligation to designate a 
single point of contact for communication;  and (ii) the obligation to react within two working days 
to removal orders from authorities . These are jus t some examples of how developments in digital 
economy and digital trade are translated in the regulatory framework in the EU to better protect 
consumers and enhance their trust in online environment.  
1.90.   Digital consumers' challenges are often similar across  the globe and digital retailers have a 
global reach. The EU considers  best practice exchanges in such international fora essential for 
ensuring a coherent and effective enforcement approach  towards retailers that increasingly act on a 
global scale.  In add ition to the intra -EU cooperation, at an international level, the EU cooperates 
with non -EU consumer enforcement authorities, for example in ICPEN, the international network of 
consumer enforcement authorities. The aim of the organisation, which includes c onsumer protection 
authorities from 70 countries across the world, is to encourage practical action to prevent cross -
border marketing malpractice and to encourage exchanges of information between consumer 
protection bodies.  
1.91.   The EU is also seeking to provid e regulatory support, technical assistance and capacity 
building for partner countries, including in the western Balkans and in Africa, to boost consumer 
protection frameworks. For example, preparations are ongoing for a structural cooperation 
programme wi th the Common Market for Eastern and Southern Africa (COMESA) region.  In the 
context of its Global Europe programme, which includes the objective of promoting good governance 
in order to support sustainable development, the EU is working with countries around the world on 
adapting the regulatory environment for the digital transformation. To give a couple of examples , 
on data protection, we are working to assist with the preparation of data protection legislation and 
setting up independent regu lators. We have a 60-million -euro development programme on data 
services in Africa.  On Artificial Intelligence we are currently negotiating funding for UNESCO to work 
on developing recommendations regarding use of AI. And, on digital rights we are preparin g to fund 
a project for civil society organisations to work on the implementation of consumers ' digital rights 
across the world.  
1.92.   In conclusion, t he EU welcomes the opportunity to discuss consumer protection , and 
enhancing consumer trust in e -commerce , in the framework of the WTO Work Programme on 
e-commerce. We believe that t he WTO can offer a forum to discuss how common challenges for 
online consumer protection should be tackled . We would be open to continuing our work on this 
topic, possibly targeting mor e specific topics identified today and involving consumer organizations 
or other international organizations working in this area.  
1.93.   The representative  of Canada  delivered the following statement:  
1.94.   At the outset, we welcome this Dedicated Discussion on consu mer protection under the Work 
Programme on E -Commerce. We thank you for establishing a roadmap for the coming months and 
let me join others on thanking India for its communication WT/GC/W/857. A s a further contribution WT/GC/WPEC/M/1  
 
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  in reinvigorating the Work Programme , we are therefore happy to share our country 's experience 
and look forward to hearing more about other Members ' practices.  
1.95.   As acknowledged by several delegations, Canada also strongly believes in the importance of 
consumer protection. In our view, there are many good reasons for Members to implement consumer 
protection measures. They help ensure a fair, efficient and competiti ve marketplace. They help instil 
and maintain consumer confidence and trust. Consumer protection also plays a very strong role in 
protecting consumers from fraudulent business practices as well as unsafe products or services. 
They help ensure a level playi ng field for businesses that engage in honest business practices, 
especially for small and medium enterprises. Consumer protection therefore helps markets perform 
better, for both consumers and businesses. As a result, over time, this leads to more economi c 
activity and more reliable economic activity. We believe this is also true for developing Members, 
including LDCs.  
1.96.   Today, we wish to share our experience on how Canada implements consumer protections. 
Our approach for consumer protection is based on sha red responsibilities between the federal and 
sub-national (i.e., provincial and territorial) governments. The federal government is responsible for 
national marketplace standards, preventing anti -competitive practices, and consumer protection in 
specific s ectors. Provincial/territorial governments are responsible for contractual and local matters, 
and these governments enact and enforce their own consumer protection measures. Additionally, 
both levels of government have the ability to act on certain issues,  such as misleading and deceptive 
practices, or privacy. Given our focus on e -commerce and digital trade, an important point to make 
is that most consumer protection measures in Canada, irrespective of level, are technology -neutral. 
In other words, they ap ply to both online and offline transactions. Allow me to give you a specific 
example of Canada 's consumer protections at the national or federal level. In Canada, the 
Competition Bureau (or CB) is an independent law enforcement body responsible for enforci ng 
federal laws against false or misleading representations and deceptive marketing practices. These 
federal laws, including the Competition Act, are technology neutral. One example of this conduct in 
online markets is incomplete price disclosure, or "drip pricing " (for instance, in online ticket sales), 
where consumers can 't actually attain the price displayed because of additional mandatory, fixed 
non-governmental charges or fees that appear as they make their purchase.  
1.97.   Canada uses various tools to colla borate and cooperate with domestic and international 
partners to keep pace with evolving marketplace conduct. For example, Canada has been a 
longstanding member of the International Consumer Protection and Enforcement Network (ICPEN) 
– a body composed of c onsumer protection authorities from over 70 countries where members share 
information and best practices. We strongly support ICPEN and its mandate. As the 2020 -2021 
President of ICPEN, Canada worked alongside other member nations to address cross -border 
challenges around: (a) the use of big data and artificial intelligence (AI) to mislead consumers, 
(b) unfair trading practices regarding digital platforms in the tourism sector, and (c) data privacy 
and third -party responsibility associated with digital pla tforms.  
1.98.   Canada also includes provisions in its free trade agreements to prohibit deceptive and 
misleading conduct and support cross -border enforcement cooperation. For instance, in the Canada -
United States -Mexico Agreement (CUSMA ), we find Article 19.7, w hich requires each Party to have 
consumer protection laws to protect consumers from fraudulent and deceptive commercial activities 
that could cause harm when engaged in digital trade. This article also includes language on the 
importance of cooperation bet ween Parties ' national consumer protection agencies on activities 
related to cross -border digital trade in order to enhance consumer welfare. Transparency and 
awareness are key to support/implement consumer protection, and thus Canada undertakes specific 
outreach activities to inform consumers and businesses about fraud and deceptive marketing, for 
instance through the Competition Bureau 's Fraud Prevention Forum. Enforcement cooperation with 
both international and domestic Canadian counterparts is also esse ntial to better detect and deter 
cross-border conduct and undertake more effective and timely investigations. Canada's e ngagement 
in many international organizations, including the WTO, the G20, the OECD, and UNCTAD has been 
important to help seek ensure c ooperation and coherence in global guidelines and trade rules.  
Building on existing collaboration, we believe that the current Dedicated Discussion under the Work 
Programme could continue to encourage the exchange of Members' own experiences and best 
practices on this important issue. To enrich the discussion, participation of relevant international 
organization s and subject -matter experts, including the private sector and stakeholders, should also 
be considered .  WT/GC/WPEC/M/1  
 
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  1.99.   In concluding, I wish a happy and better Ne w Year. It has been 337 days that the unjustified, 
illegal and unprovoked invasion of Ukraine by the Russian Federation persists. We strongly condemn 
this situation. The year 2023 must restore peace.  
1.100.   The representative  of the United Kingdom  delivered the following statement:  
1.101.   Firstly, the UK would like to echo the comments made by Canada  and the EU regarding 
Russia 's unlawful and unjustified invasion of Ukraine. As we meet here to discuss e -commerce , we 
cannot sit by and ignore the egregious violations of international law committed by one WTO Member 
against another. This is not business as usual. W e have seen the direct consequences of Russia 's 
actions here – impeding the ability of Ukraine to fully participate in the work of this institution. While 
Russia continues to violate international law, human rights and multiple commitments to peace and 
security, we will work with our allies and partners across the multilateral system to condemn Russia 's 
appalling actions and to isolate it on the international stage.  
1.102.   The UK welcomes this discussion on consumer protection in e -commerce . And I would like 
to start by thanking India for their paper, which raises a number of pertinent points and questions. 
I would like to offer a few reflections  from the UK perspective on our experiences regarding consumer 
protection in e -commerce. I won 't dwell on the context  because I think this has been covered this 
afternoon, but clearly digital trade has rapidly revolutionised how businesses and consumers 
transact. In this context, it is crucial that effective measures are in place to protect consumers when 
purchasing goods and services online. We would agree with India and others that building consumer 
trust in digital markets is one of the key challenges in  the development of e -commerce. This is why 
the UK champions consumer benefits and safeguards throughout our trade practice. Consumer 
protection is one of the key pillars of the UK 's Digital Trade Objectives and the G7 Digital Trade 
Principles, developed u nder the UK 's G7 Presidency in 2021.  
1.103.   Our domestic framework on online consumer protection provides online consumers with 
protections that are at least equivalent to those enjoyed by traditional, or 'offline ', consumers. Key 
pieces of UK legislation underp inning this system are the Consumer Rights Act 2015, the Consumer 
Protection from Unfair Trading Regulations 2008, and the Consumer Contracts Regulations 2013. All 
are available online. Some of the protections enjoyed by online consumers in the UK include 
cooling -off periods, where consumers are offered a period of time to change their mind about 
something they have purchased from a distance. The statutory minimum for that period that a seller 
must provide is 14 days. The right of return is also a statutory  protection , so that w hen consumers 
buy goods online, they have additional rights to return them. UK law allows consumers to return an 
item if they simply change their mind about it. These are just two examples of our statutory 
protections, but individual retailers in the UK often go beyond these measures to provide additional 
confidence to consumers, thereby increasing their trust.  
1.104.   But of course, individual domestic consumer protection frameworks are not sufficient in and 
of themselves in fostering effect ive online consumer protection policies and enforcement. 
International regulatory cooperation is key. One avenue that the UK particularly values, as 
highlighted already today by the OECS  and Canada , is the International Consumer Protection and 
Enforcement Network, which is composed of consumer protection authorities from over 70 countries, 
representing around 5 billion global consumers. ICP EN provides a forum for developing and 
maintaining regular contact between consumer protection agencies and focuses on consumer 
protection concerns.  
1.105.   Finally, in answer to your question, Facilitator, about the role that the WTO can play. Today 's 
discussion is a positive example of the role the WTO can play in this space – sharing experiences 
among Members. I would also ech o some of the comments made by Hong Kong, China about the 
role that the WTO can play and is playing  in global rule -making in e -commerce. We look forward to 
hearing further experiences and views today.  
1.106.   The representative  of New Zealand  delivered the followi ng statement:  
1.107.   Thank you, Madam Facilitator, for providing the space for this important discussion, which 
New Zealand is pleased to contribute to. Just as for physical trade in goods and services, we believe 
consumer protection is a crucial component of an enabling environment for cross -border 
e-commerce trade. Strengthening and developing global consumer protections is a priority for New WT/GC/WPEC/M/1  
 
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  Zealand. Being a small country in the South Pacific that is geographically isolated from other 
markets, New Zealanders have been early adopters and users of electronic commerce as both 
exporters and consumers. With this high level of use, the demand and ne ed to enhance protection 
for those engaging in electronic commerce requires that where issues arise,  they can be effectively 
addressed.  
1.108.   We have sought to do this by including consumer protection provisions in our recent free 
trade agreements and specialis ed digital trade agreements and we would be happy to share this 
trade policy experience with colleagues. Via consumer protection provisions in our recent trade 
agreements, New Zealand  has sought to include a number of mechanisms to help address issues 
relating to consumer protection, for example through provisions that require Parties to: (i)  adopt or 
maintain laws or regulations that prevent misleading and deceptive conduct that causes harm or 
potential harm to consumers engaged in online commercial activi ties; (ii) provide protection for 
consumers using e -commerce that is at least equivalent to that provided for consumers of other 
forms of commerce under its relevant laws, regulations and policies ; (iii) recognise the importance 
of cooperation between thei r respective national consumer protection agencies or other relevant 
bodies on activities related to cross -border electronic commerce in order to enhance consumer 
welfare; and (iv) recognise the importance of improving awareness of, and access to, consumer  
redress mechanisms, including for consumers from one economy transacting with suppliers from 
another economy. At a more practical level, regulators in New Zealand are also seeking greater 
collaboration with international e -commerce platforms to enable the m to better understand our 
import/export rules and we are pivoting our trade outreach communications from just being for 
traditional importers to also targeting new e -commerce importers.  
1.109.   Our digital -focused agreements have hard obligations in the consumer  protection provisions 
to ensure consumers have the information to trade with confidence and access to appropriate redress 
if things go wrong. In particular, there are provisions which ensure we and our partners adopt or 
maintain laws or regulations that: (i) proscribe fraudulent, misleading or deceptive conduct that 
causes harm to consumers engaged in e -commerce; (ii) require, at the time of delivery, goods and 
services provided to be of acceptable and satisfactory quality, consistent with the supplier 's claims 
regarding the quality of the goods and services; and provide consumers with appropriate redress 
when they are not; (iii) make publicly available and easily accessible its consumer protection laws 
and regulations; and (iv) promote cooperation to preve nt misleading and deceptive conduct, 
including in the enforcement of consumer protection laws. We have also begun to include standalone 
chapters on consumer protection in free trade agreements. This provides greater prominence and 
visibility to the outcome s that the FTA will deliver for our consumers and issues of importance to 
them.  
1.110.   Much of the trade policy focus in recent years has been on ensuring that trading partners 
have basic consumer protections in place (e.g. , prohibitions on false representations ). This is a 
potential avenue of discussion at the WTO. However, effective enforcement of these in an 
e-commerce context, particularly for cross -border transactions, remains difficult. New Zealand would 
be interested to understand how other WTO Members are  managing these challenges.  
1.111.   The representative  of Egypt  delivered the following statement:  
1.112.   We thank H is Excellency,  the Ambassador from India , for the timely submission and for the 
evidence provided in the document, as much as it brings to our attention s everal issues that we 
have to keep in mind as we carry on with the discussion on e -commerce, more specifically on the 
issue of consumer protection. We will review the ONDC concept, willing to get more information on 
India's experience in putting together t heir digital public infrastructure and related platforms.  
1.113.   Access to the Internet , information and communication technologies (ICT), digital services, 
and consumer protection are crucial for an inclusive and successful e -commerce practice. Evidence 
shows t hat consumer protection, among other things, is vital for the developing world, including the 
LDCs, to reap the benefits of e-commerce. The statement made by South Africa  on behalf of the 
African Group  is evident as it shows that the trajectory of the Afri can continent is very optimistic. 
However, the statement also shows that, despite the vast strides we are taking to catch up with 
global trends on Internet  availability and connectivity and mobile banking, Africa still needs to catch 
up to other regions on  e-commerce activities and cybercrime regulatory and combat.  WT/GC/WPEC/M/1  
 
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  1.114.   In order to strengthen consumer protection, the demand side of the market must be brought 
into the spotlight. Privacy, data security, redress, and digital literacy have to be equally and fully 
addressed as much as we do with the supply side. Otherwise, the digital economy will develop in 
the continent slower since consumers have reasons not to trade online. The Work Programme could 
also consider initiating a process that leads to a comprehensive methodology for assessing the state 
of consumer protection and empowerment in the digital world, in developing and least -developed 
countries. This could help us identify the challenges faced and consequently put solutions to address 
those challenges proper ly. Assessing the state of consumer protection and empowerment in the 
digital world could be done in collaboration with UNCTAD and other relevant International 
Organizations. Countries should be encouraged to share their experience on that matter, includin g 
concerning the regulatory aspects and their enforcement. The Dedicated Discussion may consider 
using the United Nations Guidelines on Consumer Protection as a conceptual framework to 
strengthen consumer protection and empowerment in the digital world. We  echo what H.E. the 
distinguished Ambassador from Antigua and Barbuda mention in this regard , on behalf of the OECS.  
1.115.   The Work Programme may address, among others, the following topics in so far as consumer 
protection is concerned: (i) online dispute prevention (ODP) to empower e -consumer and raise the 
level of awareness of their collective power and awareness against unfair practi ces in the e -market; 
(ii) reputation and feedback mechanisms to measure the level of satisfaction of consumers after 
each transaction; (iii) trust marks  as helpful tools to identify high -standard sellers, who have granted 
quality seals once they fulfil criteria prescribed in national regulations and regimes; (iv) electronic 
payment mechanisms as the y play an important role in contributing to the private ordering methods; 
and, (v) online dispute resolution, online mediation mechanism and online arbitration m echanism as 
means to settle e -consumer conflicts. The understanding of consumer protection as a matter of 
rights necessitates accountability for achieving a proper standard of protection including legal 
enforcement, not just legislations without action in the online environment. Additionally, providing 
a well -developed and enforceable consumer protection mechanism will act as an incentive to expand 
market access to e -commerce. We will be sharing our experience on the matter in future meetings.  
1.116.   The represent ative of Uruguay  delivered the following statement : 
1.117.   Thank you to the Facilitator and the delegation of India for the presentation of its 
communication and questions, and to the other delegations for their contributions and their 
experience  sharing  on a cri tical matter for building trust in electronic transactions. We would also 
like to extend to all our greetings and best wishes for a happy new year.  
1.118.   We will now share some of our regulatory experiences and the principles and objectives on 
which these develo pments are based. At the national level, in general terms, Uruguay regulates 
(Law No. 17.250) consumer relations between customers and suppliers, establishing basic consumer 
rights, including the protection of life, health and safety; access to adequate, c lear and true 
information, protecting against misleading advertising and unfair terms in standard form contracts; 
the effective prevention of and compensation for pecuniary and non-pecuniary  damages; and access 
to judicial and administrative entities for t he prevention of and compensation for damages. 
Consumer protection enquiries, claims and complaints can be made online through the Directorate 
General of Trade of the Ministry of Economy and Finance.  
1.119.   At the regional level, MERCOSUR recognizes the potential  of e-commerce for social and 
economic development, while stressing the importance of protecting consumers from misleading 
and deceptive practices. MERCOSUR Resolution 37/19 on consumer protection in e-commerce, also 
mentioned by Brazil, recognizes the imp ortance of further harmonizing legislation on consumer 
protection in the area of e -commerce. This Resolution reconfirms principles adopted at the national 
level, such as the right to information about the supplier, product and/or service, and the transacti on 
carried out throughout the whole transaction process in a clear, adequate, true and easily accessible 
manner, as well as the principle of transparency on the contract terms. With regard to access to 
dispute resolution mechanisms, it advances the commitm ent to promote these online mechanisms 
for the satisfactory resolution of claims. On international cooperation, it calls for cooperation between 
national consumer protection agencies, a fundamental aspect of adequate consumer protection.  WT/GC/WPEC/M/1  
 
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  1.120.   The representative  of Kenya , on behalf of the ACP Group , delivered the following statement:  
1.121.   The ACP Group welcomes this opportunity to reinvigorate the Work Programme on Electronic 
Commerce. We are particularly pleased that our Ministers would have collectively seen wisdom in 
focusing on the development dimension of our work. Our Group welcomes India 's contribution in 
WT/GC/W/857 on consumer protection in e -commerce to our discussions. This, as we would have 
indicated in the past, is one of the issues that are of impo rtance to us in examining the development 
dimension. We are pleased to say that we have been examining this issue and are looking at various 
elements within ACP regions. A few of the points raised by India resonate with the preliminary 
research underway in  the ACP group.  
1.122.   The problems faced by consumers in ACP developing countries and LDCs become a great 
hindrance to the use and predictability of the platforms and can be exacerbated by spill -over 
problems in technologies available in our countries. This rel ates to encryption systems that would 
help consumers, private and government users. Though we have made strides at the national and 
regional levels, we require additional tools for consumer protection in the e -commerce space. This 
is where the work of diff erent institutions on this matter can be useful and can add value to our 
discussion.  This point has also been raised by India in its presentation today and in its 
communication.  
1.123.   We need to carefully, and we do place added emphasis on the word carefully, c onsider the 
WTO's role in consumer protection, especially in terms of development. Whilst it is not our intention 
to pre -empt your assessment on possible next steps, we do think that our discussion today is but 
one in a series of meetings that needs to tak e place on consumer protection under the rubric of the 
development dimension of the E -commerce Work Programme. If Members agree, there is scope for 
the WTO to use its convening power, to invite international organisations, namely UNCTAD and the 
ITC to pres ent their findings based on the work that they are undertaking in this area. Madam 
Facilitator, we will continue to listen attentively to very useful contributions that are being put 
forward by other Members. Our Group remains ready and willing to engage w ith you and other 
Members as we move forward with our discussions under the 1998 E -commerce Work  Programme.  
1.124.   The representative  of the United States  delivered the following statement:  
1.125.   The United States thanks India for its efforts to identify the first topi c of discussion this year 
to implement the Ministers ' instruction to reinvigorate the Work Program me on E-commerce. 
Consumer protection remains a priority for the United States, including committing to disciplines in 
our trade agreements that build trust i n the digital economy by ensuring consumers are protected 
as they engage in commercial activity online.  
1.126.   For the first question on M embers' experiences regarding consumer protection in 
e-commerce , in the  United States, the Federal Trade Commission (FTC) enforces numerous federal 
laws governing consumer protection, including Section 5 of the FTC Act, which provides the FTC with 
broad authority to challenge a wide range of "unfair and deceptive acts or prac tices in commerce. " 
The FTC also enforces numerous laws and trade regulation rules that relate specifically to 
e-commerce such as the Controlling the Assault of Non -Solicited Pornography and Marketing Act of 
2003 (CAN -SPAM Act), the Restore Online Shoppers ' Confidence Act (ROSCA), and The Children 's 
Online Privacy Protection Act (COPPA), among others. The FTC 's Consumer Review Fairness Act 
essentially ensures all customer reviews are honest and that businesses do  not prevent customers 
from leaving reviews if they choose. The Mail, Internet , or Telephone Order Merchandise Rule 
requires merchants that sell via these channels to ship all orders within the advertised time frame, 
or 30 days if there 's no specified shipping  time. The FTC routinely applies these laws to electronic 
commerce consistent with the principle in the 1999 OECD guidelines that "[c]onsumers who 
participate in electronic commerce should be afforded transparent and effective consumer protection 
that is n ot less than the level of protection afforded in other forms of commerce. " In 2000, following 
the 1999 OECD Guidelines, the FTC issued guidance on the application of existing law to online 
advertising and marketing. There, the FTC explained that "[t]he sam e consumer protection laws that 
apply to commercial activities in other media apply online, including activities in the mobile 
marketplace. The FTC Act 's prohibition on "unfair or deceptive acts or practices " encompasses online 
advertising, marketing, and sales. " In addition to rulemaking, the FTC has issued numerous 
guidelines, policies and educational materials for consumers and businesses to set the parameters 
for online commercial conduct that comply with the FTC Act and statutes that govern specific 
e-commerce activities. Within this legal framework, the FTC has initiated hundreds of enforcement WT/GC/WPEC/M/1  
 
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  actions against entities that have engaged in deceptive and/or unfair conduct in the context of 
e-commerce, such as online advertising, negative options, dark p atterns, spam, phishing, spyware, 
information security, and cross -border fraud, among others.  
1.127.   On the second question on h ow Members can enhance regulatory cooperation between their 
enforcement agencies relating to consumer protection , one of the main obst acles to cross -border 
cooperation among consumer protection agencies is the lack of clear mechanisms to allow these 
entities to share confidential information and provide enforcement assistance.  The OECD 
Recommendations on Consumer Protection in E -commerce  are reflected in the US SAFE WEB Act of 
2006, which provides the FTC with stronger tools to engage in better enforcement cooperation on 
consumer protection matters  – including e -commerce  – with foreign law enforcement authorities. 
The SAFE WEB Act has bee n instrumental in allowing the FTC to cooperate with law enforcement 
authorities in other countries on matters relating to e -commerce.  In particular, the SAFE WEB Act 
authorizes the FTC to gather and share information (including confidential information) w ith foreign 
law enforcement authorities and confirms the FTC 's authority to take action in appropriate cross -
border cases, including the authority to provide restitution to US and foreign consumers injured by 
cross-border consumer protection law violations . Based on our experience, consumer protection 
agencies and data privacy authorities would be able to improve enforce ment of  cross-border 
e-commerce laws more effectively if they were clearly authorized (by statute or otherwise) to engage 
in information sh aring for investigative purposes and to provide enforcement assistance to their 
counterparts abroad. Enhanced effectiveness in addressing deceptive and unfair cross -border 
e-commerce would greatly facilitate cooperation in combatting adversely affected con sumers around 
the globe.  
1.128.   For the third question on the role of the WTO in enhancing consumer protection in 
e-commerce , the WTO should promote trust in e -commerce by facilitating cooperation among 
consumer protection agencies, data protection authorities an d, where appropriate, criminal 
enforcement bodies around the globe, through promoting mechanisms that would eliminate barriers 
to information sharing for investigations into deceptive and unfair cross -border commercial conduct 
and also promote enforcement assistance in such cases. In the WTO Joint Statement Initiative on 
E-commerce, participants agreed on a discipline that ensures that Parties maintain or adopt 
measures to protect consumers online, improves transparency, and promotes cooperation between 
Parties.  
1.129.   In addition to sharing information on the US domestic legal regime for protecting consumers 
online, we also want to highlight one of the recent technical assistance and capacity building 
initiatives. In September 2022, the United States launched an initiative called Trust and Competition 
in Digital Economies: Promoting an Enabling Environment for Consumer Protection and Competition 
Across Africa. Through this initiative, the US Federal Trade Commission (FTC), USAID, and other 
agencies, such as the US  Department of Justice, Antitrust Division, work with regional bodies 
country -level African counterparts to strengthen the legal and regulatory frameworks and 
institutional capacity necessary to ensure that the benefits of the digital economy are not 
under mined by anticompetitive, unfair, or deceptive practices. This work involves extensive 
exchange and dialogue between US regulatory and legal experts and their counterparts in Africa.  
Following extensive consultations and joint assessments, priorities are identified,  and capacity 
building initiatives are undertaken. This work may include, workshops, targeted technical assistance, 
and international fellows programs, and involve experts from across the US  Government, as 
appropriate. The United States appreciat es the opportunity to share this information and we look 
forward to actively participating the Dedicated Discussions  this year.  
1.130.   The representative  of Mexico  delivered the following statement:  
1.131.   Good afternoon, everyone, and Happy New Year . We wish all Members the best for 2023. It 
is a pleasure for Mexico to have an opportunity  today  to discuss with all of you a topic of vital 
importance to the development of electronic commerce. We congratulate India on the occasion of 
its Republic Day and  for pres enting its perspective, as well as for sharing its experience in promoting 
consumer protection , and for sharing the programmes it is currently implementing to achieve that 
objective.  
1.132.   Regarding the questions put to Members in India's communication, allow m e to speak briefly 
about how Mexico is addressing the issue and to provide further information in order to enrich the 
discussions.  In response to the first question  on how Mexico promotes consumer protection in e-WT/GC/WPEC/M/1  
 
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  commerce : in Mexico, the Federal Consumer P rotection Agency (PROFECO) is the federal agency 
with responsibility for defending consumer rights. In terms of legal framework, Mexico has been 
enforcing the Federal Law on Consumer Protection since 2000; this is the main consumer protection 
legislation w ith specific provisions governing e -commerce in a dedicated chapter. Regarding 
consumer data protection, the same Law provides that e -commerce providers shall not share 
consumer s' data without their consent, that they shall ensure the security of consumers ' personal 
data, provide a minimum of contact information, avoid misleading information and advertising 
practices, provide all information related to costs and terms and conditions, comply with the 
specifications of products on offer and show special consi deration to vulnerable consumers (minors, 
the elderly and persons with disabilities). There are also general laws in Mexico that bolster the 
protection of personal data and privacy.  
1.133.   As part of a broader regulatory framework, in 2018 the Ministry of the Ec onomy issued a 
reference standard for e-commerce establishing terms and conditions for products and services, 
providing for a mechanism to allow consumers to verify and accept their transactions, means of 
ensuring the security of consumers' personal data a nd transactions, and mechanisms for redress 
and for handling payment and delivery. Being a reference standard, it is not legally binding. Within 
this legal framework, the Federal Agency has developed dedicated programmes on consumer 
protection in e -commerc e. I would like to mention some of them:   
• e-Store Monitoring: through this activity, consumers are provided with a list of e -commerce 
websites that have been reviewed and vetted by the Federal Agency for compliance with the 
provisions of the Federal Law on  Consumer Protection.  
• The PROFECO Digital Badge programme. This is an official award that is given to providers 
of goods, products or services considered outstanding in terms of providing clear and 
complete information, as well as security, transparency, confidentiality, trust and legal 
certainty to consumers in e -commerce, i.e., providers who sell their products or services on 
digital platforms on the Internet . The Digital Badge is a voluntary programme to which 
providers can subscribe if they adopt the C ode of Ethics for Electronic Commerce, and if they 
comply with the Federal Law on Consumer Protection and the Electronic Commerce 
Standard.  
• Adoption of the Code of Ethics on Electronic Commerce. This is a set of values and principles 
that all providers mu st observe in electronic commerce -related activities in order to respect 
and promote consumer rights, foster a culture of responsible consumption, protect 
vulnerable groups and be self-regulated .  
1.134.   All of these values and principles are part of a set of min imum , but by no means exhaustive , 
standards, which should be respected in e -commerce activities, in addition to compliance -verification 
mechanisms.  Furthermore, the Federal Consumer Protection Agency provides consumers with 
information on electronic commer ce on its social network accounts (Twitter, Facebook and YouTube) 
and in the monthly Consumer Review, via messages on parallel imports of electronic devices, issues 
pre-purchase recommendations to online consumers, advice on what to do in case of non -arrival of 
the purchased product, and on how to identify deceptive practices and avoid scams.  
1.135.   Regarding the second question: How can Members enhance regulatory cooperation between 
their enforcement agencies relating to consumer protection? Mexico considers tha t international 
cooperation between consumer protection agencies is key. We believe that informal cooperation is 
possible at the multilateral level ( e.g., through the International Consumer Protection and 
Enforcement Network), at the regional level ( e.g., through the Latin American Forum of Government 
Consumer Agencies) and through Memorandums of Understanding that are not necessarily binding.  
Another mechanism that can be used to address problems related to B2C or C2C cross -border 
consumer protection in the context of e -commerce is to offer universal redress mechanisms. 
Members should adopt or maintain programmes and regulations to facilitate communication between 
providers and consumers and promote the use of technologies to help consumers manage remote 
grievances.  Our Federal Agency has put in place a programme to receive complaints from consumers 
living abroad and foreigners. Lastly, Mexico believes that one way of guaranteeing regulatory 
cooperation is for legislators to give prominence t o consumer protection and to promote international 
cooperation by drafting standards and regulations to protect consumers in e -commerce. The cross -
border and cross -cutting nature of electronic commerce must be acknowledged, as well as its WT/GC/WPEC/M/1  
 
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  inevitable increa se; this will help authorities and other interested parties address the negative 
externalities of this type of commerce.  
1.136.   Finally, on the third question: What role can be played by the WTO in enhancing consumer 
protection in e -commerce? Mexico echoes the r emarks made by some Members who took the floor 
today, especially on the need to pursue discussions at the WTO, which will provide an opportunity 
to:  
• Create a space for interested parties in e -commerce debates to speak about the important 
role of online co nsumer protection as an area of public interest that is closely linked to cross -
border trade.  
• Identify common objectives between trade and consumer protection, such as boosting 
market confidence (in keeping with Sustainable Development Goal 12); and  
• Foster collaboration on identifying specific problems such as the detriment of consumers in 
electronic commerce.  
1.137.   Mexico is grateful for the opportunity to participate in this Dedicated Discussion  on consumer 
protection, which has allowed us to get a first -hand account of the experiences of Members who, 
like us, are also concerned by the development of electronic commerce. We look forward to pursuing 
the discussions and hope that the sessions on this topic will be fruitful for all.  
1.138.   The representative  of South A frica delivered the following statement:  
1.139.   We would like to thank India for  its very timely and pertinent contribution,  and we would 
also like to congratulate India on its Republic Day.  We would also like to thank you, Madam 
Facilitator, for the advanced sch edule that is helpful in preparations with Capitals. In 2021, South 
Africa was ranked the 40th largest e -commerce market in the world with  a revenue  of USD 7.2  billion  
(USD) .14 E-commerce  is projected  to grow at a compound annual growth  rate of 12.5% during the 
period 2022 -2027. Concomitant with the buoyant  forecast,  comes  a myriad  of challenges  that will 
need to be addressed  from a consumer protection perspective.  
1.140.   We see a burgeoning  trend  of e-commerce  in South  Africa . The number of online purchases 
made electronically has increased significantly as consumers have adapted and identified various 
advantages that come with online transactions. A study conducted by MasterCard (2020), revealed 
that 68% of South African consumers are shopping onli ne since the onset of the COVID -19 
pandemic .15 This trend is reinforced by a study undertaken by Deloitte, which found that more than 
70% of South Africans are shopping online. Moreover, the study by MasterCard concluded that the 
trend towards online shopp ing was irreversible as evidenced by 71% of respondents that expressed 
their preference for shopping online after the COVID -19 pandemic.  
1.141.   The growth of e -commerce has been exponential. A study conducted by World Wide Worx 
in 2021, with the support of Mastercard, Standard Bank and Platinum Seed, revealed that the total 
growth of online retail in South Africa in 2020 came to 66%, bringing the total revenue of online 
retail in South Africa to R30 .2 billion. This was more than double the R14 .1 billion reac hed in 2018, 
in just two years .16 A key driver of online shopping is increasing access to the Internet  with 
41.19  million active Internet  users in South Africa as of January 2022. The increased Internet  access 
can be attributed to the rise in mobile penetr ation. Another driver in the expansion of e -commerce 
in South Africa is convenience, as illustrated in a March 2020 McKinsey Consumer Pulse Survey, 
which discovered that more than 70% of South Africans are looking to cut back on transport and 
travel -relate d costs. To a large extent, the South African retail market is a tale of two worlds, sitting 
on either side of the country 's so-called digital divide. Each of the consumer segments has its own 
unique needs, challenges, and expectations, meaning that there is essentially no one -size-fits-all 
approach to growing e -commerce across the country 's entire consumer base.  Consumers who are  
driving the uptake of online shopping are predominantly  based in densely  populated  urban  areas  as 
 
14 https://ecommercedb.com/markets/za/all  
15 https://newsroom.mastercard.com/mea/press -releases/68 -of-sa-consumers -are-shopping -more-
online -since-the-start-of-pandemic -reveals -mastercard -study/  
16 https:/ /www.mastercard.com/news/eemea//en/newsroom/press -releases/press -
releases/en/2021/may/sa -online -retail-leaps-to-r30-billion/  WT/GC/WPEC/M/1  
 
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  they typically  have acce ss to more reliable Internet  connectivity and at least one or more smart 
devices.  
1.142.   In terms of the legislative f ramework  in South Africa , consumer protection serves as a 
mechanism for promoting transparency, accountability, and trust in the digital age, hel ping to shield 
both consumers and small businesses from unfair practices online. Consumer protection is not only 
a best economic practice but also vital for the success of the digital revolution. Consumer protection 
helps consumers by ensuring that they ha ve access to sufficient information to enable them to make 
informed decisions in accordance with individual wishes and needs, and effective redress.17 The main 
pieces  of legislation  that govern  e-commerce  and protect  consumers  in South Africa are: 
(i) Consumer  Protection  Act No 68  of 2008 (CPA); (ii) Electronics  Communication  Act No  36 of 2005 
(ECA); (iii)  Protection  of Personal  Information  Act No 4 of 2013 (POPIA); and, (iv) Financial  Advisory  
Intermediary  Services  Act No 37 of 2002 (FAISA).   
1.143.   Four key areas are covered in our legislative framework where consumer protection in 
e-commerce  is concerned : (i) delivery  issues; (ii)  returns/refunds;  (iii) online scams; and (iv) 
protection of consumers personal information.  Where d elivery  issues  are concerned,  according to the 
Consumer Goods Service Ombudsman (CGSO), the most common consumer complaint (45%) 
lodged in 2020 related to the time it took for goods to reach consumers. The unreliability of courier 
companies and fluctuating delivery char ges were hindering factors in getting goods to customers in 
a timely and  cost-effective  manner.  This problem  goes hand-in-hand with the fact that most online  
stores  do not actually  carry stock,  which  means  consumers  wait even longer for their purchases.18 
Section 19 of the Consumer Protection Act (CPA) entitles consumers to the delivery of goods as 
agreed and in an acceptable manner, this principle is also applicable to online shopping. This means 
that late deliveries in South Africa are unacce ptable.  Suppliers  are obliged  to deliver  goods  on the 
agreed  date, time, and place. If the specifics have not been agreed to, the supplier must provide the 
products within a reasonable time. Any delays must be communicated with the consumer,  and if 
deliver y is late, the consumer  is allowed  to cancel  the transaction without penalty.19  
1.144.   In terms of r eturns/ refunds , online shoppers have the right, in terms of section 56 read with 
section 55 of the CPA, to receive goods that are of good quality and are reasonably suited for the 
purpose for which they are intended. Should a consumer discover that their purchased  goods  are 
defective,  they have the right and the discretion  to request  a replacement, for the goods to be 
repaired, or for a refund to take place within six months from the date of delivery.20 In addition, 
section 26 , subsection 3 (b) and (c) , obliges suppliers to provide their trading name and physical 
address which facilitates the return of goods by aggrieved consumers.21 Under  section  20 (read with 
section  19) of the CPA, if a consumer  has not had the opportunity  to examine  or inspect  the actual  
goods  received  before  purchase,  they are entitled to inspect the goods on delivery. If on this initial 
inspection, they discover that: the goods do not meet the 'type' or 'quality ' they could reasonably 
expect from the agreement; or if the goods were made in terms of a special or 'custom ' order, and 
the goods do not reasonably conform to the specifications of the order, then the consumer can refuse 
delivery, receive a full refund, and can cancel without penalty. Despite these provisions safeguarding 
consumers, there are examples of online  stores  that do not provide  refunds.  An example  is Mr. 
Shopper,  an online  store that disappeared with consumers ' money, in which 75% of its online  reviews 
are 1-star, the bulk of which are complaints about orders not being delivered and refunds  not being  
processed  as promised.  The NCC investigation  into Mr. Shopper hit  a snag as the supplier  was 
untraceable,  making  it difficult  for consumers  to get redress. Tracing an online supplier becomes 
difficult to investigate when they are not a registered business nor a corporate citizen in the Republic.  
In relation to the Electronic Communications Act (ECA), online suppliers need to provide adequate 
information to prospective consumers, i.e., full names, physical address, adequate description of  the 
goods or services being sold, the price payable, and the terms of the agreement of sale. In terms of 
section 44 of the ECA, an online shopper has the right to cancel the purchase within 7 days of 
receiving the goods or services without reason or penal ty.  
 
17 https://unctad.org/news/building -trust-and-confidence -successful -digital -economic -era 
18 https://thoughtleader.co.za/the -challenges -facing -online -shoppi ng-in-south -africa/  
19 https://businesstech.co.za/news/internet/554646/the -biggest -online -shopping -complaints -in-south -
africa/  
20 https:/ /www.polity.org.za/article/your -rights -when -shopping -online -2016-06-23 
21 Consumer Protection Act No 68 of 2008  WT/GC/WPEC/M/1  
 
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  1.145.   In terms of o nline scams, the advent  of Covid -19 led to a number  of consumers  losing  their 
jobs, as a result of instability in the economy. The Commission noticed a spike in unlawful investment 
promotions such as the pyramid and multiplication schemes mushrooming in particular, on social 
media platforms and on the Internet . While the Consumer Protection Ac t prohibits any participation 
in these schemes, South Africans lost billions of Rands. The Commission investigated schemes like 
Up-Money (a grocery pyramid scheme),  Mufhiwa  (a housing  pyramid  scheme),  TKL (an alternative  
work scheme), and recently Obelisk.  Obelisk was a cryptocurrency multiplication scheme that 
disappeared with ±R112 million while Africryp Bitcoin is another scam that disappeared with ±$3.6 
billion (USD). According  to the Global  State  of Scams  Report  2022 published  by the Global  Anti- Scam 
Alliance (GASA), it is estimated that in 2021 only, South Africa lost about R1.8  billion  due to scams.  
As South  African  consumers  found  new ways of making extra money, a new threat emerged : the use 
of Cryptocurrency. This resulted in the Financial Sec tor Conduct Authority (FSCA) declaring 
cryptocurrencies  a financial  asset  in South  Africa.  On 19 October  2022,  the FSCA issued General 
Notice 1350 of 2022 which declared a crypto asset a financial product under the Financial Advisory 
and Intermediary Services (FAIS) Act 37 of 2002.22 Any person that provides a financial service 
related to crypto assets without a licenc e will be in contravention  of section  7(1) of the FAIS Act. Such 
a contravention constitutes an offence  in terms of section 36(a)  of the FAIS Act, and if a person is 
found guilty of such an offence, he or she, on conviction, is liable to  a fine not exceedi ng R10 million 
or imprisonment for a period not exceeding 10 years, or both.  
1.146.   In terms of the protection  of consumer's  personal  information , data captured on a retailer 's 
website, including consumer/ customer 's name, address,  credit  card details,  contact  details,  and even 
purchase  history,  is regarded as personal information. Online retailers need to take proactive 
measures to ensure that this information is protected, and lawfully processed for the specific 
purpose, provide online shoppers with an  opportunity to view and amend their details, and not use 
the information in any further processing without the customer 's consent. In terms of section 19(1) 
of POPIA, a holder of information is required to ensure that personal information at their disposa l is 
not compromised. If the security of personal information is compromised, then the responsible party 
is required in terms of section 22 of POPIA to send a notification to the Regulator and data subject 
affected unless they cannot be identified.  
1.147.   Our au thorities also provided a compilation of common  complaints :  
• Misrepresentation  – consumers  often experience  situations  where  advertised goods  on the 
suppliers ' website  do not match  the goods  received  which  results in  frustrations  and loss of 
trust in the involved  suppliers.  In this case section  29 (a) which relates to responsible 
marketing and provides that "A producer, importer, retailer or service provider must not 
make any goods or service available – in a manner that is reasonably likely to imply a  false 
or misleading representation concerning those or services ", is infringed;  
• Non-disclosure – the vague  explanation  of the hidden  costs such as shipping costs is also 
one of the major problems which consumers face when making domestic or cross border 
purchases. This causes buyer 's remorse as consumers  end up paying a lot more than 
expected. The suppliers  also fail to disclose the full extent of the terms and conditions which 
can include hidden costs, return and refund policies, cancellations, and the usage and 
storage of confidential consumer information. This violates section 22 of the CPA which 
provides for the right to disclosure of information, the right to fair and honest dealing 
including the right to fair, just and reasona ble terms and conditions;  
• Unclear  return  policy - suppliers  have either  unclear  return  policies  or they are not in line with 
the provisions of the CPA. This infringes the disclosure provisions of the CPA together with 
section 20 which provides the consumer with the right to return goods should they be 
unsatisfied with the purchase. It also infringes upon provisions of the ECTA that allow 
transactions to be cancelled and consumers to be refunded accordingly;   
• Bait Marketing - consumers further find themselves  in the middle of bait marketing whereby 
they are sold unavailable goods with the purpose of being coerced  to buy the next available  
product.  The consumers ' requests  for refunds  are often not attended to as most of the 
concerned suppliers have no fixed business addresses other than running online stores 
 
22 https://businesstech.co.za/news/trending/636655/major -crackdown -on-crypto-scams -in-south -africa -
with-millions -in-fines-and-up-to-10-years -in-prison/  WT/GC/WPEC/M/1  
 
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  (websites). The right to fair and responsible marketing in terms of the CPA is transgressed 
in this regard;  
• Non receipt of purch ased goods or receipt of poor quality goods - this is also  a problem  
whereby  consumers  conclude  online  transactions  but suppliers do not keep their end of the 
deal by not delivering the goods or offering poor quality goods to consumers. This infringes 
a number of provisions of the CPA including right to fair value, good quality and safe goods 
and the consumer 's right to choose;  
• Lack of knowledge of the CPA - this problem is seen both from the supplier and consumer 
side. The teaching of CPA provisions remai ns paramount for consumers  and suppliers  to be 
aware  of their rights  and responsibilities  in order to  realise  the objects  of the CPA. Strides  have 
been undertaken  by the National Consumer Commission (NCC) members to educate both 
consumers and suppliers on the CPA concentrating on the key issues as outlined in the 
quarterly trend reports of the NCC.  
1.148.   With regard to enhancing  regulatory  cooperation  between  regulatory agencies in the 
Southern African Development Community (SADC)  region , South Afric a is currently cooperati ng with 
regulatory agencies among the respective SADC member countries albeit limited by a lack of 
consumer protection instruments in other states. With increasing cross -border trade arising from 
e-commerce, there is a pressing need to cooperate, inter alia, on exchanging information, law 
enforcement collaboration and sharing of best practices.  
1.149.   The representative  of Japan  delivered the following statement:  
1.150.   We appreciate Ambassador Usha Dwarka -Canabady  for convening today 's dedicated session. 
We believe that the benefit from the development of the e -commerce should be equally shared by 
all Members. We think that ensuring consumer trust, including consumer protection, is a key element 
for the development  of e-commerce . With regard to the online transaction, there could be certain 
problems such as fraudulent and deceptive transactions, unsolicited commercial messages, or use 
of personal information for unintended purposes, and it would be important to shar e Members ' 
experiences of preventing such undesirable phenomena and ensuring consumer trust in digital 
space.  
1.151.   We recognize that consumer protection covers a wide range of issues. We are ready for 
sharing more concrete experiences for more specified themes  and topics, but today we will briefly 
explain our thoughts on this issue. First of all, we believe that domestic laws and regulations are 
one of the key drivers of ensuring effective consumer protection. We could assume that there are 
various issues at va rious occasions regarding consumer protection for online transactions, and we 
indeed have specific domestic laws and policies that respond to the identified issues. In this regard, 
Japan implements several domestic laws aiming to protect online consumers ' interest. For example, 
at pre -purchase phase, consumers may suffer from unsolicited electronic commercial messages that 
would induce them to purchase some goods or subscribe some services they would not necessarily 
want. We have a domestic law on regulatio n of transmission of such unsolicited electronic 
commercial messages. The law obliges senders of such messages to obtain opt -in consent from 
recipients. The law also obliges senders to include specific information in the messages, including 
the names and t he addresses of senders and the contact points of inquiry or complaint regarding 
the messages.  
1.152.   At purchase phase or post -purchase phase of electronic commerce, we could also anticipate 
that consumers sometimes make mistaken or unintended orders, due to, f or example, the 
complexity of terms and conditions, or due to the difficulty to handle the technological interface. We 
have a domestic rule for some specified types of commercial transaction, where consumer troubles 
tend to happen more frequently, and inde ed online transaction is regulated under this law in Japan. 
Under the law, sellers of online transaction are obliged to include specific information in their 
advertisement or provide such information with consumers promptly in response to consumers ' 
reques t, including the payment date and method of payment, date of delivery, cancellation of the 
contract, condition on returns, seller 's liability, and the information regarding operating systems and 
Internet  browsers to be used for the online transactions.  This law also prohibits extravagant 
advertising and stipulate s cooling -off period during which the consumers may choose to cancel the 
transaction and return goods which have been supplied, for any reason, and obtain a full refund.  WT/GC/WPEC/M/1  
 
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  1.153.   Privacy is often discussed in the context of electronic commerce. Japan 's privacy law in 
principle obliges businesses to obtain prior consent from individuals for handling their personal data 
beyond specified purpose or providing their personal data to third parties. Given  today 's seamlessly 
and invisibly connected data supply chain, it would be useful to have and implement a concrete rule 
that request consumers ' prior consent in order to ensure consumer trust on privacy issue.  
1.154.   Along with these domestic laws, Japan has also been working with Alternative Dispute 
Resolution bodies to deter online consumers ' disputes and to resolve such dispute s promptly. In our 
view, there would be often issues of asymmetric information between businesses and consumers in 
the case of elect ronic commerce, including online transactions. Therefore, to protect consumers ' 
interest, it would be generally useful to ensure appropriate information sharing and disclosure from 
businesses, to request prior consent, ideally explicit consent , from consum ers, and to offer some 
remedies regarding the unintended or mistaken contracts.  
1.155.   In addition, we have to address the issues or concerns and protect consumers engaged not 
only in domestic but also in cross -border electronic commerce. On top of it, we have a ctively set 
forth provisions for the online consumer protection and prevention of unsolicited commercial 
electronic messages in our recent FTA practice. We have also shared our experiences for online 
consumer protection in other fora, including OECD. We ha ve endeavoured  to have some basic and 
common principles among other countries regarding online consumer protection through such fora.  
We believe that it is necessary to implement domestic laws and regulations, as well as to harmonize 
them with internationa l principles and values and take coordinated action amongst countries, if 
needed, regarding consumer protection. We have a wide range of 164 Members in WTO and 
information sharing here is very useful. We are ready to share our specific practices based on o ur 
experience. We look forward to sharing experiences and further discussion at this dedicated session.  
1.156.   The representative  of Switzerland  delivered the following statement:  
1.157.   Switzerland welcomes your efforts at facilitating the reinvigoration of the Work P rogramme 
on E-commerce. We are pleased to engage in the discussion on consumer protection in the context 
of electronic commerce. We would like to thank India for its stimulating submission on this topic and 
are in agreement that the issues of digital trust  and data protection are particularly important for 
e-commerce. Switzerland is furthermore of the view that the growth of electronic commerce has 
brought many benefits to consumers, including wider choices of products at competitive prices, 
increased oppor tunities to gather and compare information about products, a wide number of 
free-to-use services, high and constant accessibility of online shops, as well as easy -to-use and more 
secure payment options.  
1.158.   Consumers should enjoy a safe, trusted and diverse e xperience when engaging in electronic 
commerce. To achieve this goal, countries face a number of challenges that need to be addressed, 
such as: (i) product safety; (ii) protection against fraudulent and deceptive practices; and 
(iii) protection from spam. Like many others, Switzerland believes that the knowledge and technical 
experience of international organizations should be relied upon to further inform our discussions. 
For today 's topic, we are of the view that it is indispensable to consider the work o f the OECD and 
UNCTAD, among others. Through its E -commerce and digital Economy Programme, UNCTAD is 
providing a large toolbox ranging from an assessment of the national regulatory landscape and 
capacities (as referred to by Tunisia) or to measure e -commer ce, to cite two of the pillars of this 
programme.  
1.159.   Turning to our national experience, the Swiss legal framework for offline transaction provides 
a solid basis also for online transactions. Our framework is largely technologically neutral, which 
means that  it applies both to online and offline transactions. Our experience with this approach has 
been very positive. However, some challenges specific to e -commerce such as anti -competitive 
geo-blocking , protection of children, harmful electronic messages or onl ine solicitation need to be 
addressed specifically. In this respect, Switzerland has taken a number of additional measures and 
has adapted several legal acts accordingly.  
1.160.   The representative  of Philippines  delivered the following statement:  
1.161.   Thank you, Madam Facilitator , for organizing today 's Dedicated Discussion . We also 
appreciate the presentation made by India earlier and its contribution under document WT/GC/WPEC/M/1  
 
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  WT/GC/W/857 specially in framing key issues in our discussions. Like many developing Members, 
electronic commerce is of key strategic interest to the Philippines, as digital innovation is a primary 
mover in hastening national development. As such the country recognizes the importance of building 
trust betw een online merchants and consumers, and thus works to provide an environment ensuring 
that consumer rights and data privacy are protected, innovation is encouraged, fair advertising 
practices and competition are promoted, online transactions are secured, i ntellectual property rights 
are respected, and where product standards and safety are observed. We are happy to share the 
domestic approach of the Philippines when it comes to consumer protection, specifically on the 
sphere of e -commerce.  
1.162.   Putting into con text consumers and e -commerce transactions in the Philippines, according 
to the latest Digital 2022 report of Hootsuite and We Are Social, Internet  users from the Philippines 
numbers to at least 76 million. Statista on the other hand reports that the numbe r of users in the 
e-commerce market is expected to reach 60  million users by 2027. According to the 2022 report by 
Google, Temasek and Bain & Company, the Philippines ' digital economy is expected to reach a gross 
merchandise value (GMV) of USD 35 billion b y 2025, growing at a 20% compound annual growth 
rate (CAGR) from USD 20 billion in 2022. This is largely underpinned by growth in e -commerce.  
1.163.   On consumer protection, key regulations in the Philippines are our Consumer Act 
promulgated in 1992 and the E -Commerce Act decreed in 2000 which covers the installation of an 
online public information and quality and price monitoring system for goods and services aimed at 
protecting the interests of the consuming public. Several joint regulations are also issued by a 
number of national agencies to operationalize protection of consumers such as fair and reasonable 
business practices – fair marketing and advertising practices, online disclosure of information, online 
shopping fraud, insurance of products, among others. We have also recently passed the SIM Card 
Registration Act which aims to provide accountability for those using SIM cards and aid law 
enforcement in tracking perpetrators of crimes committed through phones. At present, several bills 
are in the Philippine C ongress seeking to amend these existing Acts to keep with technological 
advancements and consumers ' evolving needs. One is a pending Bill on Internet  Transactions which 
is proposed to apply to any stage of all business -to-business and business -to-consumer e-commerce 
and Internet  transactions including those related to Internet  retail of consumer goods and services, 
online travel services, online media providers and online delivery service. The bill also proposes to 
create an E -commerce Bureau which will be focal point on commercial Internet  transactions.  
1.164.   These are, thus far, the current features of the consumer protection landscape in the 
Philippines. We would be happy to provide further details and participate in best practice or 
experience sharing session s specially to provide guidance should high -level principles in consumer 
trust and protection, including regional cooperation and cross -border protection, later be decided 
on. In furthering the work in WTO, we believe that these dedicated sessions are a st ep in the right 
direction. The Philippines continues to commit to work constructively with Members on enhancing 
the Work Programme on E-commerce specially on its development dimension.  
1.165.   The representative  of Thailand  delivered the following statement:  
1.166.   We are pleased to hear Member 's experience shared earlier and see the value add from our 
discussion today. Actually, we also have experts from the capital participating in this meeting. But 
please allow me to briefly share our experience and views on consumer protection and try to resp ond 
to the guiding questions in the paper submitted by India. Thailand echoes previous interventions 
and see that driven by the growth of digital technologies and Internet  connectivity; e -commerce has 
been widely embraced by consumers including in Thailand . Covid -19 pandemic has become a 
significant factor influencing consumers ' preference towards ecommerce and cashless payment. It  is 
expected that e -commerce in Thailand will continue to expand by around 20% each year for the 
next five years.  
1.167.   In terms of c onsumer protection, Thailand has recognized the importance and developed 
domestic regulations and institutions overtime in response to consumers ' behaviour and the nature 
of transactions to ensure that consumers are protected and fairly treated. Key regula tions for 
enhancing protection for consumers in various aspects are the Consumer Protection Act, the Direct 
Sale and Direct Marketing Act (Direct Marketing Act), the Unfair Contract Terms Act, and the Personal 
Data Protection Act. However, in terms of doin g business online, e -commerce entities are subject to 
other various regulations under different agencies, for example, the Electronic Transactions Act, the 
Commercial Registration Act in addition to laws and regulations I mentioned earlier. In general, an WT/GC/WPEC/M/1  
 
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  e-commerce operator will be required to have commercial registration. If the online trading of goods 
or services can be completed through an online channel, then the e -commerce operator is also 
required to obtain a direct marketing registration at the Offi ce of Consumer Protection Board.  
1.168.   When an infringement of consumer rights is recognised, consumers are able to file 
complaints to the Office of the Consumer Protection Board which is the main responsible government 
agency and handle complaints received fro m consumers and institute legal proceedings. In terms of 
statistics, number of complaints are disseminated on the official website which can also disaggregate 
into complaints by each year, by region, and by province. This is meant to comprehensively collec t 
statistics on consumer protection and to support responsible agencies to be able to monitor and 
analyse  the trend, issues or challenges on this matter for further actions. Based on the statistics 
available on the website, it is observed that the number o f complaints has increased overtime. 
However, consumers in some areas still lack knowledge of their rights and are unaware of the legal 
tools available to them. So, it is also important to educate and assist them to acknowledge their 
rights and available r esources on this matter.  
1.169.   Regarding cooperation, we observe that engagements from relevant stakeholders , especially 
private sectors, foundation of consumer, and consumer council , greatly enhance regulatory 
cooperation and support the work of enforcement au thorities in positive direction to the consumers ' 
need. Lastly, recognizing that members have different level s of regulatory development as well as 
economic development. We would like to echo previous interventions that WTO can explore further 
works with o ther relevant international organization s, provide information, and capacity building 
dialogue to support Members on this topic. I hope this is helpful and happy to hear more on Members ' 
experience and exchanges views at later stage.  
1.170.   The representative  of Guatemala  delivered the following statement:   
1.171.   We would like to thank India for their presentation. This paper clearly identifies different 
challenges and problems developing countries are facing vis -à-vis electronic commerce. In response, 
we consider it im portant to share our current situation. Our experience is not as positive as what we 
have heard so far, but I believe that listening to the realities and challenges that countries like 
Guatemala are facing are a crucial part of these discussions.  
1.172.   Our consu mer protection legislation and the creation of the consumer protection agency date 
back to 2003 and  constitute the only legal framework in existence for over 20 years. In 2020, a 
motion was passed to amend the legal framework. In May 2022, the Honourable Congress of the 
Republic continued to examine and review amendments to the Consumer Law with a view to 
modernizing the consumer protection agency and including new topics such as electronic commerce. 
The current legislation does not make any men tion of electronic transactions or any reference to 
electronic commerce.  
1.173.   However, the consumer protection agency has tried to convey to Guatemalan consumers 
the importance of defending their consumer rights and has carried out a process of awareness raisin g 
at the national level , both in urban and rural areas.  This was considered to be a great success, 
demonstrated by the fact that people have started to demand their rights.   
1.174.   Every trader that sells a product or service is required to keep a register of com plaints that 
are recorded, numbered and monitored by the consumer protection agency. Nowadays, when a 
consumer demands to be placed on the register of complaints to initiate a claim, traders prefer to 
resolve or clarify queries or mistakes with the consume r in order to avoid entering into mediation 
with the consumer agency and the buyer.  
1.175.   As I mentioned, this does not cover electronic commerce, but we still wanted to share our 
experience. We are in the process of modernizing the legal framework to so it can be broadened to 
provide legal certainty to electronic transactions. This process will take time to go through all the 
formalities at the domestic level, but we are hoping to conclude the review and implementation 
phases so that domestic consumers and those  who are part of the commercial chain can benefit 
from it. We would like to highlight the fact that, despite everything, we are modernizing and although 
it may take us a little longer, we are on the right path.  WT/GC/WPEC/M/1  
 
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  1.176.   On the role  that the WTO can play  in this are a, we consider it to be the relevant forum for 
discussions, experience sharing, cooperation and technical assistance that can strengthen and create 
an harmonized legal framework in this area.  
1.177.   The representative  of Singapore  delivered the following statement:  
1.178.   Thank you, Madam Facilitator. Similar to other Members, I would like to share Singapore 's 
experiences on this front.  First, in Singapore  domestically , the Competition and Consumer 
Commission of Singapore, a statutory board of the Minis try of Trade and Industry, looks after this 
important workstream. The Commission administers and enforces the Consumer Protection (Fair 
Trading) Act, which empowers it to investigate and adjudicate anti -competitive activities, issue 
directions to stop or p revent anti -competitive activities and impose financial penalties. While we do 
not have e-commerce specific consumer protection laws, the Consumer Protection (Fair Trading) Act 
is assessed to be robust and sufficient to deal with online e -commerce activiti es, to protect the rights 
of consumers, which includes seeking recourse against suppliers for unfair practice and have 
additional rights in respect of non -conforming goods.  
1.179.   Second, Singapore has implemented multiple upstream measures with telecommunicatio ns 
companies to disrupt scammers ' reach to potential victims. One, Singapore has set up a SMS Sender 
ID Registry (SSIR) to block SMSs  that spoof the sender IDs of participants which includes 
government agencies and banks. Two, we also block scam calls, inc luding robocalls and those 
spoofing numbers of local government agencies and emergency services. Three, we have also 
inserted a "+" prefix for international incoming calls so that the public will not pick up such calls if 
they are not expecting calls from overseas.  
1.180.   Third, Singapore has also incorporated provisions on consumer protection in our Free Trade 
Agreements and Digital Econom y Agreements (which some Members like NZ alluded to just now). 
Under the Singapore -Australia DEA, we also have a MOU to enhance cooperation to combat scam 
and spam cooperation. We believe such cooperation is essential to combat these problems which 
often h appen cross -border. This also reinforces the importance of this conversation here at the WTO, 
including in the JSI as well as under this Work Programme.  
1.181.   The representative  of Russian Federation  delivered the following statement:  
1.182.   Thank you, Ambassador, for giving me the floor. First, I have to say that the Russian 
Federation firmly disagrees with the political statements made by some Members. These kinds of 
interventions are out of the WTO competence and only harm the open dialogue under this session.  
1.183.   As to the substance of today's meeting, the Russian Federation supports the commen cement 
of the  structured  discussion under the mandate of the Work Programme on Electronic Commerce. 
The Russian Federation thanks the delegation of India for its communication and  contribution to the 
topic of today's discussion. We share the view that consumer protection in electronic commerce 
nowadays is one of the topics the Members need to approach  with special attention. Online 
consumers and their level of trust in emergent tec hnology plays a substantial part in the overall  
successful development of e -commerce. At the same time the constant growth of the volume of 
e-commerce brings also the problem s with trust and the protection of the interest of the consumer. 
This is why a com prehensive dialogue is needed to encourage all participants  of e-commerce to 
preserve the balance between the interest of consumers and its counterparts in digital trade. In our 
view, special attention shall be paid to the transparency and the availability  of information on the 
product , especially on its  safety.   
1.184.   Finally, collective efforts of interested parties are needed to increase consumer trust in digital 
economies through the protection that is equivalent to that provided for consumers of traditional 
forms  of commerce. In this regard, further development of cooperation and information exchange 
on cross -border trade for competent authorities is much in demand. This topic of consumer 
protection is huge and our delegation is keen to learn from the experiences of Members and 
exchange of views on this subject.  WT/GC/WPEC/M/1  
 
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  1.185.   The representative  of the Kingdom of  Saudi Arabia  delivered the following statement:  
1.186.   We would like to wish a very happy and successful new year for all. We would like to 
congratulate India on th eir National day and welcome its valuable communication. The Kingdom of 
Saudi Arabia recognises the importance of adopting and maintaining transparent and effective 
measures to protect consumers from misleading, deceptive, and fraudulent commercial practic es 
when engaging in digital trade. We also recognise the importance of cooperation between countries ' 
respective competent authorities in charge of consumer protection in order to enhance consumer 
protection. We agree with India and other Members that the WTO has an important role of WTO in 
enhancing online consumer protection. Certainly, the cooperation among International Organizations 
in this area would help Members adopting legislation on consumer protection related to e -commerce 
and address the digital  gap among Members by taking into account their needs for technical 
assistance and capacity building.  
1.187.   Recently, the Ministry of Commerce in the Kingdom of Saudi Arabia  has issued a draft law 
that aims at achieving a fair balance in rights and obligations between the economic operator and 
the consumer, protect consumers from products and services that are unsafe, defective or not in 
conformity with applicable requirements, encourage and strengthen a culture of consumer rights, 
educate consumers about their rights and obligations, and encourage sustainable consumption. 
The Draft Law touches on a variety of consumer -related topics, including  basic consumer rights, 
contracting, advertising, competitions/contests, discounts, product guarantees, warranties and 
spare parts and sale of used products. On Basic rights of Consumers: The Draft Law grants 
Consumers certain basic rights, which notably include the right to: (i) access to essential products 
and services; (ii) protection from threats to health and safety; (i ii) clear, accurate and sufficient 
information necessary for them to make an informed decision regarding the product or service they 
choose; (iv) awareness and education of the economic, social and environmental impacts of their 
choices; (v) preservation o f their privacy and personal data; (vi) access to dispute settlement means 
if their rights have been breached; (vii) fair compensation for damages resulting from the product 
or service; and (viii) form consumer associations.  
1.188.   On Consumer -friendly contractu al provisions: The Draft Law provides that contracts between 
Consumers and Economic Operators must include certain conditions relating to the nature, 
description and price of the products or services, payment and delivery terms, and returns, among 
other co nditions. On the subject of dispute resolution, Economic Operators are required to stipulate 
in Consumer contracts that the Consumer is entitled to refer disputes to alternative dispute 
resolution providers (see relevant section below). On Advertising: the  Draft Law introduces new 
requirements, and incorporates others from E -Commerce Law, relating to the advertising of products 
and services to Consumers. On the Guarantees and warranties: with some exceptions carved out 
for digital products or services and u sed products, Economic Operators must provide a two -year 
statutory warranty that the product or service is defect -free, which warranty must include certain 
provisions such as a description of the purposes for which products or services of the same type are  
used, the specifications of the product and installation and use instructions, and must cover any 
statements or claims used in advertising materials. On Competitions: Similar to the current Anti -
Commercial Fraud Law, Economic Operators that desire to run competitions in which Consumers 
may win prizes (including money) must first apply to the Competent Authority for approval.  
1.189.   The representative  of Norway  delivered the following statement:  
1.190.   Thank you, India, for the communication detailing relevant challenges. I will address the 
three questions briefly. On the first  about the Norwegian experience , Norway is very digitalized with 
a high percentage of e -commerce transactions . Access to digital equipment and stable digital 
networks are important prerequisites . But equally important for us and essential for our far -reaching 
digitalization of trade is high levels of consumer trust . How did we do that ? Rules and regulation s, 
both domestic and within  the EEA agreement , ensuring consumer protection that is at least 
equivalent to th at enjoyed by traditional consumers. On the second question: How does Norway 
enhance regulatory cooperation? Again, rules and legislation , specifically the rules on electroni c 
commerce, which protect consumer 's rights in online transactions, including the right to cancel 
contracts within a certain period. We also have strict rules for the protection of personal data, based 
on the EU 's GDPR, which apply to all types of online t ransactions and offer far -reaching protection 
for individuals. We are happy to share more details of our experiences with other Members in writing.  WT/GC/WPEC/M/1  
 
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  1.191.   On the third question  about  WTO's role , sharing experiences and discussing , like we are 
doing  now, is very useful . We also propose that a consequence of what we have heard so far, is that 
we do need legislation for cross -border digital trade to achieve consumer protection. The good thing 
is that WTO is the right place for developing such rules, even better, mul tilateral ones. We echo 
colleagues mentioning the ongoing JSI on e -commerce , in which enhanced consumer protection is 
a central element.  
1.192.   Let me conclude by reiterating that Norway strongly condemns Russia's continued war and 
aggression towards Ukraine. No rway stands in solidarity with Ukraine and the Ukrainian people.  
1.193.   The Chairperson  turned back to India because of the interest raised by its submission. She 
noted that there had been 3 2 interventions, covering a significant share of the Membership, with 
some delegations speaking on behalf of groups of Members, and the entire geographical  spectrum .  
1.194.   The representative  of India delivered the following statement:  
1.195.   Thank you, Madam Chair. I would like to thank each participating Member who ha s come in 
person as well as those that joined online from different time zones for showing their interest in this 
topic. The fact that so many people actively participated shows that it is not only an issu e related to 
India, or for that matter developing countries, but it is a global issue. So, taking it forward , if I may 
suggest a couple of things . We should not forget about  this topic after today 's discussion. The 
Secretariat can help us in moving forward  on this.  
1.196.   First, everyone has agreed that experience sharing is good. So, one part of it is that we will 
get the minutes of this meeting . However, it may not be so useful. Therefore,  if Members agree, we 
can discuss in various configuration s, some sort of  a questionnaire or kind of form which can be 
taken out from these interventions and put those items in a yes/no kind of format, and if the answer 
is yes, then providing hyperlinks of various Rules/Regulations and acts which our colleagues here 
have talked about so that those who are interested in learning from that can straight away go to the 
hyperlink and get access to those Rules and Regula tions. This ensures that everyone is not 
reinventing the wheel and get immediate benefit out of it. However, if that is not possible in the 
WTO system, then at least some guidance on whether this kind of information is available in other 
multilateral or ot her organizations where they are already compiled on a dynamic basis.  
1.197.   Second thing would be coming out with a compilation of best practices. Again , it is a difficult 
ask, but coming out with some box items of best practices on different aspects  – 30 aspec ts have 
been identified by UNCTAD, which some of the colleagues have mentioned. International cooperation  
was the third thing that M embers have very eloquently expressed , so how can we capture that ? 
Last, little controversial , but I would say that we can e xplore a framework for consumer protection 
related to global cross -border trade.  I will not get into rulemaking  at this stage, because we cannot 
put, what we say, the cart before the horses . First, we should have experience sharing, positives 
and negatives , pros and cons, capacity of a state etc, and then we should get into rulemaking. 
Unfortunately, some of us have jumped into rule making, and now discussing this.  
1.198.   The Chairperson  said she had been thinking along the same lines about how to use all this 
information to make it useful for Members so that they did not  have to reinvent the wheel. She asked  
delegation s to make sure their statements were sent to the  Secretariat. She hoped that the minutes 
could be issued fairly rapidly. After that , she would do some thinking with the Secretariat and 
perhaps  Members  as well, on the main issues raised  and how to take them forward . There was a 
need to have additional sessions.  
1.199.   As a start and looking at Members'  suggestions  about in ter-agency coo peration, she said 
that she would consider bringing together all the agencies  working on these issues . If Members had  
no objection, she would try  to organize some kind of dialogue and m ore experience sharing with 
agencies  so that they could share the ir work. Ideally,  she wished to do this before the following  
session, but if that was not possible, then at a later date .  
1.200.   She added that Members needed to refine their thinking . There had been  many proposals  
and issues that she had noted : everything from regulatory framework to development of princip les 
for consumer protection , bringing together of agencies, capacity building, ombudsperson s, rules in 
FTAs, harmonization of standards, amongst others . But Members needed to focus on a few issues WT/GC/WPEC/M/1  
 
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  that could be taken rapidly  forward by the WTO or  by the  WTO in cooperation with others. This could 
be discussed further. So, first, the Secretariat would prepare and issue minutes of this meeting. 
Second, she would organize another  discussion with  the age ncies. A number of  agencies had been 
mentioned in India's  submission  as well as by the OECS and other delegations.   
1.201.   On the way forward, she recalled that t he next Dedicated Discussion was scheduled for 
Tuesday, 21 February, and the topic for discussion was the digital divide . As she had  noted in the 
calendar circulated earlier in the  year, this would cover  a wide list of topics, such as digital 
infrastructure , connectivity, digital skills, capacity building and technical assistance . Therefore, it 
was up to Members to come forward with more specificity. For the following meeting, she suggested 
that delegations indicate at the start of the meeting whether they  intended to take the floor, so as 
to better manage the time available and ensure that all delegations  have a fair chance to share their 
views and experience s. She also encouraged delegations to present proposals  in preparation for the 
next meeting, so as  to have a more focused discussion. Contributions did not need to come in the 
form of a fully-fledged pa per, but they could be informally submitted for discussion. She thanked 
delegations for their  engagement  and adjourned the meeting.  
__________