S/C/ 57 
 
11 July 2019 
(19-4610) Page:  1/2 
Council for Trade in Services   
 
 
WORK PROGRAMME ON EL ECTRONIC COMMERCE  
REPORT BY THE CHAIRMAN OF THE COUN CIL FOR TRADE IN SER VICES  
TO THE GENERAL COUNC IL 
1.1.  Pursuant to the 201 7 Ministerial Decision1 instructing the General Council to hold periodic 
review s of work under the Work Programme on Electronic Comm erce in its session of July 2019, the 
Council f or Trade in Services agreed on 27 June 2019 that I should report to the General Council , 
on my own r esponsibility , regarding work carried out since the most recent report presented in 
December 2018.2  
1.2.  The Council for Trade in Services discussed the Work Programme on Electronic Commerc e at 
both of its formal meetings , on 21 March  and 27 June 2019, in accordance with  the Ministerial 
mandate to continue the work under the Work Programme and endeavour to reinvigorate  work by 
the Members .  
1.3.  At the March meeting, China presented information on the provisions on consumer protection 
and the liability of e -commerce platforms in its new Electronic Commerce Law, which entered into 
force at the start of 2019.  The United States provided information about a year -long initiative 
between the governments of th e United States and of Lao PDR and their respective private sectors 
on digital economy issues, highlighting the cooperation activities undertaken and the lessons learnt.  
Lao PDR indicated that the US initiative had been appreciated, and that it had been he lpful and 
timely in light of the e -commerce work ongoing in the WTO.  Australia shared information about its 
"Tech Future " digital economy strategy of December 2018, which illustrated its experience in 
addressing the opportunities and challenges of e -commer ce. 
1.4.  All delegations that intervened expressed appreciation for the information and experiences 
shared.  One delegation sought additional clarifications on the US -Lao PDR cooperation initiative, 
while another suggested  that a 'needs assessment', similar to t he one undertaken for the TFA, be 
carried out with regard to e -commerce.  Many Members called for work under the Work Programme 
to continue and be intesified, stressing the importance of examining the particular challenges that 
developing countries and LDCs  faced in the digital sphere and highlighting the specific issues that 
they wished to see addressed.  Several Members were of the view that it was premature to consider 
negotiating rules on e -commerce; one delegation reiterated its serious concerns with the  parallel 
discussions on e -commerce, aimed at rulemaking, under the Joint Statement Initiative (JSI).  After 
expressing support for the one -day workshop on the Moratorium to be held in April, several 
delegations requested that UNCTAD's Research Paper No. 29  be addressed at the event.  
1.5.  At the June meeting, the United States introduced a submission on "The Economic Benefits of 
Cross -Border Data Flows".3 The US representative indicated that the submission was intended to 
reinvigorate work under the Work Programm e and to complement on -going efforts to reach an 
ambitious outcome in the JSI negotiations.  All delegations that intervened expressed appreciation 
for the US submission  as a welcome contribution to discussions under the Work Programme and  
given the promine nce of the issue it addresse d. Several  Members said that the communication 
usefully illustrated the importance of data  flows for digital trade and for commercial  activit ies in 
nearly all  economic sectors.  A couple of  delegation s noted that , by enabling the  digital economy,  
data flows contributed to improving the economic participation of under -represented or 
disadvantaged groups such as MSMEs, women or youths , and a few others observed that, as noted 
                                                
1 Document WT/L/ 1032. 
2 Document S/C/56.  
3 Document S/C/W/382.  S/C/57 
 
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  in the US submission, obligations were increasingly being  placed on companies in relation to data 
flows.  
1.6.  A number of Members underscored the point made in the submission about the importance of 
finding a balance between the free cross -border flow of data and the pursuit of public policy 
objectives, mentioning , for example, the protection of  privacy  and personal data , national security, 
law enforcement, industrial development.  Certain delegations expressed the view that the paper 
focused excessively  on the benefits of data flows  and did not adequately discuss the complex and 
diverse risks associated with cross -border data flows . They remarked  that the economic benefits of 
data accrued only to a handful of companies, mostly in developed countries, which enjoyed 
significant market power and a competitive advantage.  Noting that data was a critical asset, these 
delegations said that data ownership and localisation were crucial for developing countries' economic 
development.  The LDC Group called for discussions to focus on the benefits and costs of e -commerce 
for LDCs a nd enumerated a set of  challenges that LDCs faced in the digital economy/utilisation of e -
commerce.   
1.7.  Some  delegations were supportive of the suggestio n in the US submission that international 
groups havi ng carried out work on the issue of data flows, like the OECD or APEC, be invited to share 
information and experiences with the Council . Other delegations called for UNCTAD to be invited to 
contribute  as well . One delegation cautioned against  the WTO discussing  privacy regimes, 
underscoring that privacy was not a trade issue but a fundamental right.   
1.8.  Also at the June meeting, several delegations shared experiences and information on matters 
relevant to the Work Programme.  China presented two case studies that demonstrated how e -
commerce could help promote ind ustrial development and international trade , contribut ing to 
inclusive and sustainable growth.  Canada shared information about relevant activities of its Trade 
Facilitation Office.  Egypt gave an overview of its new Consumer Protection Law and  presented  
information about the key areas of priority identified in its e -commerce strategy.  New Zealand 
provided examples of the role of digital technologies and data flows in the agritech and gaming and 
apps sectors.   
1.9.  The Council for Trade in Services will revert to the Work Programme at its next  formal  meeting  
in 2019.  
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