Topic: Data governance

United Nations Conference on Trade and Development

Acronym: UNCTAD

Established: 1964

Address: Palais des Nations, Av. de la Paix 8-14, 1211 Geneva 10, Switzerland

Website: https://unctad.org/

Stakeholder group: International and regional organisations

UNCTAD is a UN body dedicated to supporting developing countries in accessing the benefits of a globalised economy more fairly and effectively. It provides analysis, facilitates consensus building, and offers technical assistance, thus helping countries use trade, investment, finance, and technology to support inclusive and sustainable development.

UNCTAD also works to facilitate and measure progress towards achieving the sustainable development goals (SDGs), through a wide range of activities in areas such as technology and innovation, trade, investment, environment, transport and logistics, and the digital economy. It places special emphasis on supporting the most vulnerable developing countries, including least developed countries (LDCs), landlocked developing countries (LLDCs), small island developing states (SIDS), and African countries to build resilience to economic shocks and to achieve structural economic transformation.

UNCTAD’s work often results in analyses, statistics, and recommendations that inform national and international policymaking processes, and contribute to promoting economic policies aimed at ending global economic inequalities and generating human-centric sustainable development.

Digital activities

UNCTAD is particularly active in the field of e-commerce, trade, and the digital economy, carrying out a wide range of activities from research and analysis to providing assistance to member states in developing adequate legislative and regulatory frameworks and facilitating international dialogue on the development opportunities and challenges associated with the digital economy.

UNCTAD also works to facilitate and measure progress towards achieving the SDGs, in particular through (but not limited to) its activities in the field of science, technology, and innovation (STI) for development. Consumer protection, gender equality, productive capacity building, and privacy and data protection are other digital policy areas where UNCTAD is active.

Digital policy issues

Data governance

As data has become a key resource in the digital economy, data governance is a fundamental part of the work of UNCTAD. This is illustrated, for example, in the research and analysis work of the Digital Economy Report 2019, which focused on the role of data as the source of value in the digital economy and how it is created and captured and the Digital Economy Report 2021, which analysed cross-border data flows and development. Moreover, some of UNCTAD’s work on e-commerce and digital trade touches specifically on privacy and data protection issues. For instance, the eCommerce and Law Reform work dedicated to supporting developing countries in their efforts to establish adequate legal frameworks for e-commerce also covers data protection and privacy among the key issues addressed. The Global Cyberlaw Trackers offers information on data protection laws in UNCTAD member states.

Also relevant for data governance discussions is UNCTAD’s work on statistics, as the organisation collects and analyses a wide range of data and statistics on issues such as economic trends,  international trade, investment, development, and the digital economy. UNCTAD’s statistical capacity development activities help countries enhance their statistical and data infrastructures and often address issues of data governance, such as statistical confidentiality, access to data, and privacy protection. UNCTAD also contributes actively to global work to enhance data governance in statistics and beyond and to develop universal principles to guide the collection, dissemination, use, and storage of data.

UNCTAD makes its data and statistics available as open-source in the UNCTADstat data centre. Statistics underpin UNCTAD’s analytical work and are featured in many publications. The UNCTAD Handbook of Statistics disseminates key messages from UNCTAD’s statistics including infographics and UNCTAD’s SDG Pulse offers statistical information on developments related to the 2030 Agenda for Sustainable Development. In addition, Development and Globalization Facts and Figures publications provide thematic updates on topical issues with the latest number focusing on SIDS. To provide timely information on the global economy and trade, UNCTAD Statistics publishes a weekly Trade and Economy Nowcast.

UNCTAD is also running several projects focused on improving the efficiency of data management for example by developing a plug-and-play system to compile Trade in Services Statistics, its activities in the Digitising Global Maritime Trade project, and by supporting customs operations with the Automated System for Customs Data. UNCTAD’s own statistical activities are governed by the UNCTAD Statistics Quality Assurance Framework, which is aligned with principles governing international statistical activities.

E-commerce and trade

UNCTAD’s work programme on e-commerce and the digital economy (ECDE Programme), encompasses several research and analysis, consensus-building, and technical assistance activities, as follows:

Research and analysis

UNCTAD conducts research and analysis on e-commerce and the digital economy and their implications for trade and development. These are mainly presented in its flagship publication, the Digital Economy Report (known as the Information Economy Report until 2017), and in its Technical Notes on ICT for Development. The Technology and Innovation Report, another flagship publication, highlights the need to build science, technology, and innovation capabilities as prerequisites to enabling developing countries and LDCs to adopt and adapt frontier technologies, including digital technologies.

Consensus building on e-commerce and digital economy policies

UNCTAD’s Intergovernmental Group of Experts on E-commerce and the Digital Economy meets regularly to discuss ways to strengthen the development dimension of e-commerce and the digital economy. The group’s meetings are usually held in conjunction with UNCTAD eWeek an annual event hosted by UNCTAD featuring discussions on development opportunities and challenges associated with the digital economy.

UNCTAD also serves as a knowledge partner to the deliberations of the G20 Digital Economy Working Group on Data Free Flow with Trust and Cross-border Data Flows.

Under the auspices of the UN Commission on Science and Technology for Development (CSTD), UNCTAD provides substantive work on the follow-up to the World Summit on the Information Society (WSIS) – a unique two-phase UN summit that was initiated to create an evolving multistakeholder platform to address the issues raised by information and communications technologies (ICTs) through a structured and inclusive approach at the national, regional, and international levels.

To that end, the CSTD:

  • Reviews and assesses progress at the international and regional levels in the implementation of action lines, recommendations, and commitments contained in the outcome documents of the Summit.
  • Shares best and effective practices and lessons learned and identifies obstacles and constraints encountered, and actions and initiatives to overcome them alongside important measures for further implementation of the Summit outcomes.
  • Promotes dialogue and fosters partnerships, in coordination with other appropriate UN funds, programmes and specialised agencies, to contribute to the attainment of the Summit.
  • Monitors objectives and the implementation of its outcomes and the use of ICTs for development and the achievement of internationally agreed development goals, with the participation of governments, the private sector, civil society, the UN, and other international organisations in accordance with their different roles and responsibilities.

E-Commerce assessments and strategy formulation

The eTrade Readiness Assessments (eT Readies) assist LDCs and other developing countries in understanding their e-commerce readiness in key policy areas to better engage in and benefit from e-commerce. The assessments provide recommendations to overcome identified barriers and bottlenecks to growth and enjoying the benefits of digital trade.

UNCTAD’s work on ICT policy reviews and national strategies involves technical assistance, advisory services, diagnostics, and strategy development on e-commerce, and national ICT planning at the request of governments. Through an analysis of the infrastructural, policy, regulatory, institutional, operational, and socio-economic landscape, the reviews help governments to overcome weaknesses and bureaucratic barriers, leverage strengths and opportunities, and put in place relevant strategies.

Legal frameworks for e-commerce

UNCTAD’s e-commerce and law reform work helps to develop an understanding of the legal issues underpinning e-commerce through a series of capacity-building workshops for policymakers at the national and regional levels. Concrete actions include assistance in establishing domestic and regional legal regimes to enhance trust in online transactions, regional studies on cyber laws harmonisation, and the global mapping of e-commerce legislation through its Global Cyberlaw Tracker.

Measuring the information economy

UNCTAD’s work on measuring the information economy includes statistical data collection and the development of methodology, as well as linking statistics and policy through the Working Group on Measuring E-commerce and the Digital Economy, established by the Intergovernmental Group of Experts on E-Commerce and the Digital Economy. Figures are published in the biennial Digital Economy Report and the UNCTADstat Data Centre. Technical cooperation here aims to strengthen the capacity of national statistical systems to produce better, more reliable, and internationally comparable statistics on the following issues: ICT use by enterprises, size and composition of the ICT sector, and e-commerce and international trade in ICT-enabled services.

Smart partnerships through eTrade for all

The eTrade for all initiative (eT4a) is a global collaborative effort of 35 partners to scale up cooperation, transparency, and aid efficiency towards more inclusive e-commerce.  Its main tool is an online platform (etradeforall.org), a knowledge-sharing and information hub that facilitates access to a wide range of information and resources on e-commerce and the digital economy. It offers a gateway for matching the suppliers of technical assistance with those in need. Beneficiaries can connect with potential partners, and learn about trends,  best practices,  up-to-date e-commerce indicators,  and upcoming events all in one place. The initiative also acts as a catalyst of partnership among its members for increased synergies. This collaboration has concretely translated into the participation of several eT4a partners as key contributors to the various UNCTAD e Week organised by UNCTAD and in the conduct and review of eTrade Readiness Assessments.

Market access and rules of origin for least developed countries

LDCs are granted preferential tariff treatment in the markets of developed and developing countries under several schemes and arrangements. Since its inception, UNCTAD has assisted governments in developing preferential rules of origin (RoO). UNCTAD assists governments and regional economic communities, as well as the AfCFTA Secretariat, in negotiating and drafting their RoO. Most recently, UNCTAD’s technical assistance has focused on the implementation of the World Trade Organization’s (WTO’s) 2005 Hong Kong decision on Duty-free, Quota-free (DFQF) market access, and understanding and drafting RoO.

UNCTAD has undertaken extensive research on DFQF and RoO. The UNCTAD Database on the African Continental Free Trade Area (AfCFTA) provides information on trade statistics, rules of origin, and tariff offers under AfCFTA at the Harmonized Commodity Description and Coding System (HS) subheading (6-digit) level The Harmonized Commodity Description and Coding System – commonly known as the Harmonized System or HS – is an internationally standardised nomenclature for the description, classification, and coding of goods.. The database enables automatic data visualisation to create a snapshot of the object of interest and matching trade statistics within the AfCFTA tariff offers, and product-specific rules of origin where available.

The UNCTAD Generalized System of Preferences (GSP) utilisation database provides information on the utilisation of the GSP schemes as well as other trade preferences granted to developing countries and LDCs under GSP, DFQF arrangements, and trade preferences under reciprocal free trade agreements (FTAs).

UNCTAD serves as co-lead of the

Consumer protection Consumer protection and competition are jointly addressed in the work of UNCTAD

Through its Competition and Consumer Policies Programme, UNCTAD works to assist countries in improving their competition and consumer protection policies. It provides a forum for intergovernmental deliberations on these issues; undertakes research, policy analysis and data collection; and provides technical assistance to developing countries. The Intergovernmental Group of Experts on Consumer Protection Law and Policy monitors the implementation of the UN Guidelines for Consumer Protection, and carries out research and provides technical assistance on consumer protection issues (including in the context of e-commerce and the digital economy). UNCTAD’s work programme on consumer protection is guided, among others, by the UN Conference of Competition and Consumer Protection (held every five years).

Given the significant imbalances in market power in the digital economy, competition policy is becoming increasingly relevant for developing countries. UNCTAD addresses this issue in the Intergovernmental Group of Experts on Competition Law and Policy.

UNCTAD also runs the Research Partnership Platform, aimed at contributing to the development of best practices in the formulation and implementation of competition and consumer protection laws and policies.

UNCTAD serves as co-lead of the

World Trade Organization

Acronym: WTO

Established: 1995

Address: Centre William Rappard, Rue de Lausanne 154, 1211 Geneva 21, Switzerland

Website: https://www.wto.org/

Stakeholder group: International and regional organisations

WTO is an intergovernmental organisation that deals with the rules of trade among its members. Its main functions include administering WTO trade agreements, providing a forum for trade negotiations, settling trade disputes, monitoring national trade policies, providing technical assistance and training for developing countries, and ensuring cooperation with other international organisations.

WTO members have negotiated and agreed upon rules regulating international trade, fostering transparency and predictability in the international trading system. The main agreements are the Marrakesh Agreement Establishing the WTO, the General Agreement on Tariffs and Trade (GATT), the General Agreement on Trade in Services (GATS), and the Agreement on Trade-related Aspects of Intellectual Property Rights (TRIPS Agreement).

Digital activities

Several internet governance and digital trade policy-related issues are discussed in WTO. E-commerce discussions are ongoing under the Work Programme on Electronic Commerce and among a group of 90 WTO members currently negotiating e-commerce rules under the Joint Statement Initiative (JSI) on E-commerce. Discussions focus on several digital issues, including data flows and data localisation, source code, cybersecurity, privacy, consumer protection, capacity building, and customs duties on electronic transmissions.

As part of its outreach activities, WTO organises numerous events such as the Aid for Trade Global Review and an annual Public Forum, which brings together governments, non-governmental organisations (NGOs), academics, businesses, and other stakeholders for discussions on a broad range of issues, including many relating to the digital economy.

Digital policy issues

Telecommunications

In 1997, WTO members successfully concluded negotiations on market access for basic telecommunications services, which resulted in new specific commitments in the sector for a significant part of  WTO  membership.  These negotiations also resulted in the Reference Paper, a set of regulatory principles for basic telecommunication services that various members have inscribed in their schedules of commitments. Since 1997, the number of members that have undertaken market access commitments on telecommunications and subscribed to the Reference Paper has continued to increase as a result of new governments joining WTO through the process of accession. Under the JSI negotiations, participants are discussing a proposal that seeks to update the provisions of the Reference Paper.

Digital standards The issue of digital standards is addressed as ‘standards and regulations’ within the work of WTO.

International standards are important to the global digital economy as they can enable interconnectivity and interoperability for telecommunications and internet infrastructures. The WTO Technical Barriers to Trade Agreement (TBT Agreement) aims to ensure that technical regulations, standards, and conformity assessment procedures affecting trade in goods (including telecommunications products) are non-discriminatory and do not create unnecessary obstacles to trade. The TBT Agreement strongly encourages that such regulatory measures be based on relevant international standards. The TBT Committee serves as a forum where governments discuss and address concerns with specific regulations, including those affecting digital trade. Examples of relevant TBT measures notified to or discussed at the TBT Committee include (1) measures addressing the internet of things (IoT) and related devices in terms of their safety, interoperability, national security/cybersecurity, performance, and quality; (2) measures regulating 5G cellular network technology for reasons related to, among others, national security and interoperability; (3) measures regulating 3D printing (additive manufacturing) devices; (4) measures regulating drones (small unmanned aircraft systems) due to risks for humans/consumers, interoperability problems, and national security risks; and (5) measures dealing with autonomous vehicles, mostly concerned with their safety and performance.

Cybersecurity

Cybersecurity issues have been addressed in several WTO bodies. For example, the TBT Committee has discussed national cybersecurity regulations applicable to information and communications technology (ICT) products and their potential impact on trade. In the TBT Committee, WTO members have raised specific trade concerns related to cybersecurity regulations. Some of the specific issues discussed include how cybersecurity regulations discriminating against foreign companies and technologies can negatively impact international trade in ICT products. Proposals on cybersecurity have also been tabled in the JSI on e-commerce where negotiations are ongoing.

Data governance

The growth of the global digital economy is fuelled by data. Discussions on how provisions of WTO agreements apply to data flows are ongoing among WTO members. In this context, is particularly relevant, as it applies to trade in services such as (1) data transmission and data processing by any form of technology (e.g. mobile or cloud technologies); (2) new ICT business models such as infrastructure as a service (IaaS); (3) online distribution services e.g. (e-commerce market platforms); and (4) financial services such as mobile payments. The extent to which members can impose restrictions on data or information flows affecting trade in services is determined by their GATS schedules of commitments. Under the JSI, proposals on cross-border data flows have been submitted and are being discussed. These proposals envision a general rule establishing the free flow of data for commercial activities. Proposed exceptions to this general rule are, to a large extent, similar to the existing GATS General and Security Exceptions and relate to, for example, protection of personal data, protection of legitimate public policy objectives, national security interests, and exclusion of governmental data. Issues related to data flows have also been raised by members in other contexts at the WTO, such as in the Council for Trade in Services, for instance, when national cybersecurity measures adopted have been considered by some members as trade barriers.

Intellectual property rights

The TRIPS Agreement is a key international instrument for the protection of IP and is of relevance to e-commerce. The technologies that underpin the internet and enable digital commerce such as software, routers, networks, switches, and user interfaces are protected by IP. In addition, e-commerce transactions can involve digital products with IP-protected content, such as e-books, software, or blueprints for 3D-printing. As IP licences often regulate the usage rights for such intangible digital products, the TRIPS Agreement and the international IP Conventions provide much of the legal infrastructure for digital trade.

These conventions include:

The role of IP in promoting innovation and trade in the digital age has been highlighted in recent WTO World Trade Reports.

IP-related issues are also being discussed in the JSI. Submitted proposals include text on limiting requests to the access or transfer of source code. The source code or the data analysis used in the operation of programmes or services is often legally protected by IP law through copyright, patent, or trade secret provisions. The main goal of the JSI proposals on access to source code is to prevent members from requiring access or transfer of the source code owned by a national of another member state as a condition for market access. Some exceptions to this general prohibition have also been proposed. For example, for software that is used for critical infrastructures and public procurement transactions.

Electronic commerce

WTO agreements cover a broad spectrum of trade topics, including some related to e-commerce, which has been on the WTO agenda since 1998 when the ministers adopted the Declaration on Global Electronic Commerce. The Declaration instructed the General Council to establish a Work Programme on electronic commerce. In that Declaration, members also agreed to continue the practice of not imposing customs duties on electronic transmissions (the ’moratorium’). The Work Programme provides a broad definition of e-commerce and instructs four WTO bodies (Council for Trade in Goods; Council for Trade in Services; TRIPS Council; and the Committee on Trade and Development) to explore the relationship between WTO Agreements and e-commerce. The Work Programme and the moratorium on customs duties on electronic transmissions have been periodically reviewed and renewed. At its recently concluded 12th Ministerial Conference (MC12) in June 2022, WTO members agreed to reinvigorate the Work Programme, particularly in line with its development dimension, and to intensify discussions on the moratorium, including on its scope, definition, and impact. Furthermore, members agreed to extend the moratorium on customs duties on electronic transmissions until MC13. WT/MIN(22)/32; WT/L/1143

At MC11 in 2017, a group of members issued the Joint Statement Initiative (JSI) on E-Commerce to explore work towards future WTO negotiations on trade-related aspects of e-commerce. Following the exploratory work, in January 2019, 76 members confirmed their ‘intention to commence WTO negotiations on trade-related aspects of electronic commerce’ and to ‘achieve a high standard out- come that builds on existing WTO agreements and frameworks with the participation of as many WTO members as possible’. Negotiations are continuing among 90 members 90 Members as of end of October 2023: Albania; Argentina; Australia; Austria; Bahrain, Kingdom of; Belgium; Benin; Brazil; Brunei Darussalam; Bulgaria; Burkina Faso; Cameroon; Canada; Chile; China; Colombia; Costa Rica; Côte D’Ivoire; Croatia; Cyprus; Czech Republic; Denmark; Ecuador; El Salvador; Estonia; Finland; France; Gambia, Georgia; Germany; Greece; Guatemala;Honduras; Hong Kong, China; Hungary; Iceland; Indonesia; Ireland; Israel; Italy; Japan; Kazakhstan; Kenya; Korea, Republic of; Kuwait, the State of; Kyrgyz Republic;the State of; Lao People’s Democratic Republic; Latvia; Liechtenstein; Lithuania; Luxembourg; Malaysia; Malta; Mauritius; Mexico; Moldova, Republic of; Mongolia; Montenegro; Myanmar; Netherlands; New Zealand; Nicaragua; Nigeria; North Macedonia; Norway; Oman; Panama; Paraguay; Peru; Philippines; Poland; Portugal; Qatar; Romania; Russian Federation; Saudi Arabia, Kingdom of; Singapore; Slovak Republic; Slovenia; Spain; Sweden; Switzerland; Separate Customs Territory of Taiwan, Penghu, Kinmen and Matsu; Thailand; Turkey; Ukraine; United Arab Emirates; United Kingdom; United States; and Uruguay and are structured under five broad themes, namely enabling e-commerce, openness and e-commerce, trust and e-commerce, cross-cutting issues, and telecommunications. JSI participants have reached a high degree of convergence on e-authentication and e-signatures, e-contracts, open government data, online consumer protection, unsolicited commercial electronic messages (spam), transparency, open internet access, paperless trading, cybersecurity, electronic transactions frameworks, e-invoicing and single windows. Negotiations on electronic transactions frameworks, source code, cybersecurity, electronic invoicing, privacy, telecommunications, and customs duties on electronic transmissions continue. On the margins of the MC12, the co-convenors of the JSI (Australia, Japan, and Singapore), issued a statement underlining the importance of developing global rules on e-commerce and, together with Switzerland, launched the E-commerce Capacity Building Framework to strengthen digital inclusion and to help developing and least developed countries to harness the opportunities of digital trade.

Access The issue of arbitration is referred to under the issue of ‘market access’ within the work of WTO.

Information Technology Agreement (ITA-I and ITA-II)

The ITA-I was concluded by 29 participants in 1996. Through this agreement, participating WTO members eliminated tariffs and other duties and charges (ODCs) on hundreds of ICT products – including computers, laptops, servers, routers, communication devices (i.e. mobile telephones),  semiconductors, semiconductor manufacturing equipment and parts thereof – to foster the development of ICT global value chains and facilitate greater adoption of the ICT products that lie at the core of a global digital economy and power the downstream innovative and competitive capacity of every industry that deploys them. Currently, 83 WTO members are participants in ITA-I, accounting for approximately 97% of world trade in ITA-I products. As technology continues to evolve, ICT is found at the core of an ever-increasing range of products. At the MC10 in Nairobi in 2015, over 50 WTO members concluded ITA-II negotiations and agreed to expand the ITA product coverage by around 200 products. ICT products such as GPS navigation equipment, satellites, and medical equipment were included and tariffs on these products have been eliminated among ITA-II participants. At present, the ITA-II consists of 55 WTO members, representing over 90% of world trade in ITA-II products. The ITA is being discussed in the JSI under the market access focus group.

Social medial channels test test

Facebook @WorldTradeOrganization

Flickr @WorldTradeOrganization

Instagram @worldtradeorganization

Twitter @wto

YouTube @WorldTradeOrganization




Skip to content