  
  
INF/ECOM/27  
 
30 April 2019  
(19-2983) Page: 1/6 
  Original: English  
 
JOINT STATEMENT ON E LECTRONIC COMMERCE  
COMMUNICATION FROM B RAZIL  
The following communication, dated 30 April 2019, is being circulated at the request of the 
delegation of Brazil . 
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Brazil presents in this communication text -based proposals  on issues discussed under the Joint 
Statement process. Suggestions are not exhaustive and may be further revised, without prejudice 
to contributions or position s that  Brazil may submit at a later s tage. 
SECTION I  
Definitions  
Digital trade means  the production, distribution, marketing, sale or delivery of goods a nd services 
by electronic means;  
Trade administration documents  refers to  the forms that a Party issues or controls , which have 
to be completed by or for an importer or exporter in relation to the import or export of goods;  
Electronic signature  means data in electronic form attached to an electronic document that allows 
the sig ner to be identified, according to the internal regulations of each Party;  
Personal data  means any information about an identified or identifiable natural person;  
Computer installations  means computer servers and storage devices for the processing or stora ge 
of information for commercial use;  
Unsolicited electronic commercial communications  means an electronic message that is sent 
for commercial or advertising purposes without the consent of the recipients, or against the explicit 
will of the recipient, usi ng an internet service or, in accordance with the legislation of the Party, by 
other s Telecommunications services; and  
Electronic transmission or electronically transmitted  means a transmission made using any 
electromagnetic means, including transmissions by optical means.  
SECTION I I 
Principles  
1. Considering the potential of digital trade  as a social and economic development tool, Members 
recognize the importance of:  
(a) Clarity, transparency and predictability in their domestic regulatory frameworks in 
facilitating, to the maximum extent possible, the development of digital trade ; 
(b) Interoperability, innovation and competition; and  INF/ECOM/27  
 
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  (c) Increased participation in  digital trade by micro, small and medium sized enterprises.  
2. Internet shoul d remain free and open for all legitimate commercial and development purposes, 
including by allowing increased access to information, knowledge and new technologies.  
3. Members recognize the  importance of avoiding  barriers  that constitute  a disguised restr iction 
on digital trade . 
4. Having regard to  their national policy  objectives, Members  shall endeavor to  avoid 
measures  that: 
(a) unduly hinder  electronic  commerce; or  
(b) have the  effect of treating  commerce by electronic means in a more restrictive manner 
than commerce conducted by  other means.  
Principles on Access  to and Use of the Internet for Digital Trade  
1. Subject to applicable policies, laws and regulations, Members  recognize the benefits of 
consumers in their territories having th e ability to:  
(a) access and use services and applications of a consumer’s choice  available on the 
Internet, subject to reasonable , proportional, non -discriminatory and transparent  
network management;  
(b) connect end -user devices of a consumer’s choice to the Internet,  provided that such 
devices do not harm the network; and  
(c) access transparent, clear and sufficiently descriptive information on the network 
management practices of a  consumer’s Internet access service supplier.  
2.  For the adequate provisio n of services and applications, reasonable network management 
aims at preserving the stability, safety and functionality of the Internet, by utilizing technical 
measures that are compatible with international standards developed for this purpose.  
3.  Access and use of services and applications of a consumer's choice available on the Internet, 
regardless of the country where the service or application is being provided, subject to reasonable, 
proportional, non -discriminatory and transparent network manag ement . 
SECTION  III 
Electronic  Contracts  
1. Members shall ensure that their legal systems allow for the formation of contracts by electronic 
means and that contracts shall not be denied legal effect, validity or enforceability for having been 
made by electr onic means.  
Electronic signature and  digital  certification  
1. A Member shall not deny the legal effect and admissibility as evidence in legal proceedings of 
an electronic signature and electronic authentication service solely on the basis that the signatur e 
or service is in electronic form.  
2. Members shall not adopt or maintain measures regulating electronic signature and electronic 
authentication services that would:  
(a) Prohibit parties to an electronic transaction from mutually determining the appropriate 
electronic methods for their transaction; or  INF/ECOM/27  
 
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  (b) Prevent parties to an electronic transaction from having the opportunity to prove to 
judicial and administrative authorities that their electronic transaction complies with any 
legal requirements with respect to electronic signature and electronic authentication 
services.  
3. Notwithstanding paragraph 2, a Member may require that, for a particular category of 
transactions, the method of authentication meets certain performance standards  or is certified by 
an authority accredited in accordance with its law. Such requirements shall be objective, transparent 
and non -discriminatory and shall relate only to the specific characteristics of the category of 
transactions concerned.  
4. Members sha ll encourage the use of interoperable electronic trust and electronic 
authentication services, and the mutual recognition of electronic trust and electronic  authentication 
services issued by recognized trust services providers.  
Unsolicited  commercial  commu nications  
1. Members shall endeavor to protect end -users effectively against unsolicited direct marketing 
communications. To this end, in particular the following paragraphs shall apply.  
2. Members shall endeavor to ensure that natural and juridical person s do not send direct 
marketing communications to consumers who have not given their consent.  
3. Members shall endeavor to ensure that direct marketing communications are clearly 
identifiable as such, clearly disclose on whose behalf they are made, and cont ain the necessary 
information to enable end -users to request cessation free of charge and at any moment.  
4. Members shall endeavor to ensure that social media platforms and other digital apps inform 
consumers of the use of their person information througho ut their direct services and of their 
partners, allowing consumers to keep track or control the disguised or personalized marketing 
and offers.   
SECTION IV  
Taxation  
1. No Member shall impose customs duties on electronic transmissions between a person of one 
Member and a person of another Member.  
2. For greater certainty, paragraph 1 shall not preclude a Party from imposing customs duties, 
internal taxes, fees or other charges on content transmitted electronically, provided that such taxes, 
fees or charges are imposed in a manner consistent with this Agreement/Reference Paper and on a 
non-discriminatory basis.    
3. Subject to conditions established in their respective domestic law, Members are entitled to 
collect taxes from digital trade  on reven ue and profit generated in their territory, even if electronic 
platforms or suppliers  do not have a commercial  presence  in their territory . 
SECTION V  
Competition  
1. Members shall ensure that online platforms do not restrict  competition, either in the marke t 
where they are dominant or in separate markets , including upstream markets.  
2. Members shall ensure that online platforms do not give arbitrary or unjustifiable discriminatory 
advantages to their own services, products or apps.  INF/ECOM/27  
 
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  SECTION  VI 
Consumer  protection  
1. Members recognize the importance of adopting and maintaining transparent and effective 
measures to protect consumers, inter alia, from fraudulent and misleading commercial practices 
when they engage in digital trade transactions.  
2. To this end, Members shall adopt or maintain measures that contribute to consumer 
protection , including measures that proscribe fraudulent and deceptive commercial practices. Such 
measures shall, inter alia, provide for:  
(a) The right of consumers to  have clear and comprehensive  information regarding the 
service and its provider;  
(b) The obligation of traders to act in good faith and abide by honest market practices, 
including in response to questions by consumers;  
(c) The prohibition of charging consumers for services not requested or for a period in time 
not authorized by the consumer;  and 
(d) Access to redress for consumers to claim their rights, including as regards their right to 
remedies for services paid and not provided as agreed.  
3. Members recogniz e the importance of cooperation between their respective national consumer 
protection agencies or other relevant bodies on activities related to digital trade in order to protect 
consumers and enhance consumer trust.  
4.  Members shall encourage or promote accessible and effective mechanisms to address 
domestic and cross -border e -commerce conflicts and redress.  These should include out of court 
mechanisms, such as internal complaints handling and alternative dispute resolution . Subject to 
applicable law, the use of such out -of-court mechanisms should not prevent consumers from 
pursuing other forms of dispute resolution and redress . 
SECTION VII  
Regulatory Environment  
Paperless  trading  
Each Member shall endeavo r to: 
(a) Make trade administrat ive documents available to the public in electronic form; and  
(b) Accept trade administration documents submitted electronically as the legal equivalent 
of the paper version of those documents.  
Principle of  no prior authorization  
1. Members shall endeavor not to require prior authorization solely on the grounds that the 
service be provided by electronic means nor adopt or maintain any other requirement having 
equivalent effect . 
2.  Paragraph 1 is without prejudice to rules in the field of telecommu nications and financial services.  
Cooperation on regulatory issues  
1.  Members shall maintain cooperation and dialogue on the regulatory issues raised by digital 
trade on the basis of mutually agreed terms and conditions, which shall address, inter alia, t he 
following issues:  INF/ECOM/27  
 
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  (a) The recognition and facilitation of interoperable cross -border electronic signature and 
authentication services;  
(b) Cross -border transfer of information by electronic means;  
(c) The liability of intermediary service providers with respect to the transmission or storage 
of information;  
(d) The treatment of direct marketing communications;  
(e) The protection of consumers in the ambit of digital trade;  
(f) Data privacy;  
(g) Cybersecurity;  
(h) Methodologies to measure dig ital trade flows, including cross -border;  
(i) The promotion of paperless trading;  
(j) The promotion of digital trade by micro, small and medium sized enterprises;  
(k) Electronic government; and  
(l) Any other issue relevant to the development of digital tra de. 
2. Such cooperation shall focus on exchange of information on the Members’ respective 
legislation on these issues as well as on the implementation of such legislation.  
SECTION VIII 
Cross -Border Transfer of Information by Electronic Means  
1. Members recognize that each Member may have its own regulatory requirements concerning 
the transfer of information by electronic means.  
2. Each Member shall allow the cross -border transfer of information by electronic means when 
this activity is for the co nduct of the business  activity of a covered person.  
3. Nothing in this Article shall prevent a Member from adopting or maintaining measures 
inconsistent with paragraph 2 to achieve a  legitimate  public policy objective, provided that the 
measure  is not appl ied in a manner which would constitute a means of arbitrary or unjustifiable 
discrimination  or a disguised  barrier to the transfer of information and to trade through electronic 
means . 
SECTION IX 
Cybersecurity  
1. Members shall endeavor to build their capabilities to prevent and respond to cybersecurity 
incidents by adopting , inter alia,  risk-based approach es to mitigating threats that avoid trade -
restrictive and trade -distortive outcomes.  
SECTION X  
Personal Data Pr otection  
1. Each Member shall adopt or maintain a legal framework that provides for the protection of 
personal data of individuals.  In the development of its legal framework for the protection of personal 
data, each Member should take into account principl es and guidelines of relevant international 
bodies.  INF/ECOM/27  
 
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  2. Each Member shall endeavor to adopt non -discriminatory practices in protecting citizens, 
consumers and medical patients from personal information protection violations occurring within its 
jurisdiction . 
3. Each Member should publish information on personal data protections it provides to citizens, 
consumers and medical patients, including how:  
(a) Individuals can pursue remedies; and  
(b) Business can comply with any legal requirements.  
4. Recognizing that Members may take different legal approaches to personal data protection, 
each Member should encourage the development of mechanisms to promote compatibility between 
these different regimes.  
SECTION XI  
General Exceptions  
1.  Subject to the requirement that such measures are not applied in a manner which would 
constitute a means of arbitrary or unjustifiable discrimination between countries where like 
conditions prevail, or a disguised restriction on trade and cross -border transfer of informa tion by 
electronic means , nothing in this Agreement shall be construed to prevent the adoption or 
enforcement by any Member of measures:  
(a) necessary  to protect public morals or to maintain public order ; 
(b) necessary to ensure the equitable or effective imposition or collection of direct taxes in 
respect  of trade through electronic means;  
(c) necessary  to secure compliance with laws or regulations which are not inconsistent with 
the provisions of this Agreeme nt including those relating to:  
i. the prevention of deceptive and fraudulent practices;  
ii. the protection of the privacy of individuals in relation to the processing and 
dissemination of personal data and the protection of confidentiality of individual 
record s and accounts; and 
iii. safety. 
2.  Nothing in this Agreement shall be construed:  
(a) to require any Member to furnish any information, the disclosure of which it considers 
contrary to its essential security interests; or  
(b) to prevent any Member from taking any action which it considers necessary for the 
protection of its essential security interests:  
i. relating to the cross-border transfer of information  carried out directly or 
indirectly for military communication ;  
ii. taken in time of war or other emergency in  international relations; or  
iii. to prevent any Member from taking any action in pursuance of its obligations 
under the United Nations Charter for the maintenance of international peace and 
security.  
 
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