The Council of the European Union is being asked to approve the Agreement on Electronic Commerce, the world's first set of global digital trade rules, and to authorise the EU to apply it on an interim basis alongside 66 other WTO members. The proposal, published on 13 July 2026, would see the EU join the Joint Declaration of 28 March 2026, in which 67 WTO members committed to implementing the agreement as soon as their internal procedures allow.
The Agreement was negotiated by 77 WTO members starting in January 2019, with 71 members agreeing on the text in December 2024. However, the WTO General Council failed to reach consensus on incorporating it into the WTO Agreement in February and December 2025. To bypass this deadlock, the Joint Declaration of 28 March 2026 introduced an Interim Arrangements Annex, including an Appendix on Appeal Arbitration Procedures, allowing interim application until the Agreement is formally added to Annex 4 of the WTO Agreement.
The Agreement covers a broad range of digital trade disciplines: paperless trading, electronic contracts, authentication and signatures, electronic invoicing, single windows, electronic payments, a permanent prohibition on customs duties on electronic transmissions, open government data, internet access, online consumer protection, unsolicited messages, personal data protection, cybersecurity, transparency, cooperation, development support for developing economies, and telecommunications commitments. Government procurement, government services, and government-held information are excluded from its scope.
The Agreement will enter into force for accepting WTO members on the 30th day after deposit of the 45th instrument of acceptance with the WTO Director-General. The Commission will deposit the EU's instrument of acceptance. The proposal explicitly states that the Agreement shall not be construed as conferring rights or imposing obligations directly invokable in EU or Member State courts.
Stakeholder impact EU digital businesses stand to benefit from reduced trade barriers and legal certainty in cross-border e-commerce, particularly through the permanent ban on customs duties on electronic transmissions and harmonised rules on electronic contracts and signatures. EU consumers gain stronger online protections, including rules on unsolicited messages and personal data. National customs authorities face new obligations to implement paperless trading and single windows, requiring investment in digital infrastructure. Developing economy WTO members receive commitments on technical assistance and capacity building, potentially narrowing the digital divide.
Institutional follow-up The Council must adopt the decision by qualified majority before the Commission can deposit the EU's instrument of acceptance. The European Parliament will be consulted but its opinion is non-binding. Once 45 WTO members have deposited their instruments, the Agreement will enter into force for the EU on an interim basis, pending eventual incorporation into the WTO framework.