JOB/GC/98  
 
20 July 2016  
(16-3886)  Page: 1/3  
  Original: English  
 
 WORK PROGRAMME ON ELECTRONIC COMMERCE 
NON-PAPER FROM BRAZIL 
The following non-paper, dated 20 July 2016, is bein g circulated at the request of the delegation 
of Brazil. 
 
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1  INTRODUCTION 
1.1.  In the last few years, the digital economy, and e-commerce in particular, evolved 
dramatically, posing challenges both to international and domestic trade rules. It is timely and 
appropriate that the WTO engage in a structured exchange of views on the trade-related aspects 
of the issue. 
2  ORGANIZATIONAL ISSUES 
2.1.  In order to facilitate the exchange of  views and assess interests and concerns of the 
Membership, an integrated approach seems to be the most conducive to a thorough and yet nimble review of those aspects. Given the cross- cutting nature of the subject, the General Council 
seems well placed to host the discussions. 
2.2.  To avoid protracted and potentially unproductive discussions on procedural matters, a good 
and simple option could be to hold joint sessions of the four Councils (CTS, CTG, Council for TRIPS 
and CTD) under the General Council's Dedicated Discussion on e-commerce. 
2.3.  Timewise, two or three meetings could be conv eyed in the second half of the year. As part of 
those meetings (or back-to-back to the meetings),  workshops could be held to address specific 
technical issues. 
3  SCOPING AND METHODOLOGY 
3.1.  The key task ahead of us is a scoping exerci se able to identify the elements Members believe 
must be part of our exchange of views and possible future WTO disciplines on e-commerce. 
3.2.  Brazil believes that the "mapping" of el ements contained in document JOB/GC/97 could be 
taken as the basis for further work, with possible adjustments by Members to contemplate all elements of their interest. Like the co-sponsors of  JOB/GC/97, Brazil also believes Members should 
use the definition of e-commerce as found in the 1998 Work Programme. Brazil understands that 
discussions would not cover disciplines on goods, although it would cover the commercialization of 
goods by electronic means. It would not cover, for instance, the Information Technology Agreement. 
3.3.  As Members examine each element mapped ou t, they should: (a) seek to identify the key 
needs, interests and concerns that would have to be addressed; and (b) the extent to which they 
are addressed within the existing WTO framework. This simple but effective methodology is 
essential for a clear and precise understanding of whether new rules should be adopted. As part of 
this methodology, Members could be guided by the following questions: JOB/GC/98 
 
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   What are the key needs, interests and concerns that would have to be addressed in each 
element? 
 Does the existing WTO framework address such needs, interest and concerns? To what 
degree? 
 If the WTO framework does not properly address such needs, interests and concerns, do 
Members favour their treatment in the WTO? In which way? 
 
4  TOPIC CONTRIBUTIONS 
4.1.  As an initial substantive contribution to th e exchange of views, Brazil stresses the importance 
of key concepts/policy choices related to e-commerce. Internet should remain free and open for all legitimate commercial and development purposes, including by allowing increased access to 
information, knowledge and new technologies. As a general rule, rights and obligations should be 
the same and apply equally offline and online. At the same time, it would also be necessary to discuss guarantees to the right of governments to adopt public policies with legitimate objectives, 
if necessary through exceptions to eventual new rules. 
4.2.  In addition, Brazil presents the following considerations on some of the elements mapped out 
in document JOB/GC/97, without prejudice to its final position on these or any other elements. 
A. REGULATORY FRAMEWORKS 
Consumer confidence enhancing measures 
 4.3.  Regulatory framework for consumer protection: International rules on consumer protection 
must go beyond best efforts and ensure coop eration commitments and the enforcement of an 
adequate level of protection for users of cross-border e-commerce, including by means of mechanisms for the treatment of complaints and dispute resolution. A robust consumer protection 
framework ensures that customers will feel safe to  shop online, being therefore essential for the 
development of e-commerce. 
4.4.  Regulatory framework for protection of priv acy / personal data: International disciplines and 
cooperation on protection of privacy, and more specifically on protection of personal data, shall 
pursue robust cooperation commitments that ensure enforceable protections for users of cross-border e-commerce, including by means of mechanisms for the treatment of complaints and dispute resolution. 
Trade facilitating measures 
 4.5.  Network neutrality: In order to ensure an open and free environment for the development of 
e-commerce, telecom operators should not be a llowed to discriminate data packages by its 
content, origin and destination, service, terminal or application, through public networks, except for emergency communications and for technical requirements indispensable to the adequate 
provision of services and applications. 
4.6.  Trade-related aspects of Intellectual Property  Rights: The protection of copyright and authors' 
rights, in conformity with the Berne Convention for the Protection of Literary and Artistic Works and the TRIPS Agreement, must be addressed in lig ht of new technologies provided by the digital 
environment such as streaming and cloud uploading. 
B. OPEN MARKETS Liberalization commitments 
 
4.7.  Services: Liberalization of services that may be delivered online should be made within the existing GATS framework. Members should cons ider the convenience of adopting the general 
understanding that e-commerce issues will be covered exclusively by Mode 1. JOB/GC/98 
 
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4.8.  Technology transfer: An inclusive and truly global e-commerce market requires unimpeded access to digital technology, for which a serious discussion is needed on preventing unwarranted 
limitations to the transfer of such technologies. 
Measures ensuring openness 
 4.9.  Measures ensuring cross-border data flows: Since GATS commitments on mode 1 already 
entail data flows, any new rule on data flows would only be necessary if the issue cannot be 
addressed within the existing framework.  
 
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