The European Commission has proposed a Council decision to approve the Agreement on Electronic Commerce, the first global rules on digital trade, which would apply provisionally among the 67 WTO members that signed the 28 March 2026 Joint Declaration. The agreement, published as COM(2026)356 on 13 July 2026, would ban customs duties on electronic transmissions, establish legal recognition of electronic contracts and signatures, and set baseline standards for online consumer protection, data privacy, and cybersecurity. The proposal now awaits Council adoption.
The agreement enters into force 30 days after the 45th instrument of acceptance is deposited with the WTO Director-General. Key provisions include a prohibition on customs duties on electronic transmissions (Article 11), subject to review after five years; legal recognition of electronic contracts, signatures, and invoices; paperless trading; online consumer protection; personal data protection; and cybersecurity cooperation. Government procurement, government services, and government-held information are excluded from the agreement's scope. A development component supports developing and least-developed countries with extended deadlines and technical assistance.
The proposed Council decision would authorise the EU to deposit its instrument of acceptance. The decision enters into force on adoption and does not confer directly invokable rights in EU or Member State courts. The agreement applies on an interim basis pending its incorporation into Annex 4 of the WTO Agreement, with an Interim Arrangements Annex and Appendix on Appeal Arbitration Procedures.
EU digital exporters and e-commerce businesses benefit from reduced trade barriers and legal certainty, but may face compliance costs for data protection and consumer rules. EU consumers gain stronger online protections. Developing countries receive technical assistance and extended deadlines, but may face challenges in implementing the standards. EU regulators must coordinate enforcement with other WTO members, potentially increasing administrative burden.