Each Party shall maintain a legal framework governing electronic transactions consistent with the principles of the UNCITRAL Model Law on Electronic Commerce 1996 or the United Nations Convention on the Use of Electronic Communications in International Contracts, done at New York November 23, 2005. 6.6 (Consumer Protection) includes cooperation with respect to online commercial activities. (a) access and use services and applications of a consumer’s choice available on the Internet, subject to reasonable network management; (b) connect the end-user devices of a consumer’s choice to the Internet, provided that such devices do not harm the network; and. Without prejudice to Article 11(1)(ii), Article 11bis(1)(i) and (ii), Article 11ter(1)(ii), Article 14(1)(ii), and Article 14bis(1) of the Berne Convention, each Party shall provide to authors the exclusive right to authorise or prohibit the communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public … For greater certainty, a Party may comply with the obligation in this paragraph by adopting or maintaining measures such as a comprehensive privacy, personal information or personal data protection laws, sector-specific laws covering privacy, or laws that provide for the enforcement of voluntary undertakings by enterprises relating to privacy. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 2 to achieve a legitimate public policy objective, provided that the measure: The Parties recognise that a supplier seeking international Internet connection should be able to negotiate with suppliers of another Party on a commercial basis. (a) make trade administration documents available to the public in electronic form; and. For the purposes of this Article, software subject to paragraph 1 is limited to mass-market software or products containing such software and does not include software used for critical infrastructure. The Parties recognise the importance of cooperation between their respective national consumer protection agencies or other relevant bodies on activities related to cross-border electronic commerce in order to enhance consumer welfare. (c) access information on the network management practices of a consumer’s Internet access service supplier. 12 (Non-Conforming Measures), Article 10.7 (Non-Conforming Measures) or Article 11.10 (Non-Conforming Measures). Article 9.1 of the CPTPP, for example, defines "investment" to mean "every asset that an investor owns or controls, directly or indirectly, that has the characteristics of an investment, including such characteristics as the commitment of capital or other resources, the expectation of gain or profit or the assumption of risk." %PDF-1.5 For greater certainty, the obligations contained in Article 14.4 (Non-Discriminatory Treatment of Digital Products), Article 14.11 (Cross-Border Transfer of Information by Electronic Means), Article 14.13 (Location of Computing Facilities) and Article 14.17 (Source Code) are: 6. For the purposes of this Agreement, references to the date of signature in the TPP shall mean the date of signature of this Agreement. KUALA LUMPUR (April 12): The following is a media statement by Dr Ong Kian Ming, reproduced in full.Ratify the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) to increase Foreign Direct Investment (FDI) and External TradeMuch was made about Malaysia registering a 15.4% growth … (a) prohibit parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or. (e) encourage development by the private sector of methods of self-regulation that foster electronic commerce, including codes of conduct, model contracts, guidelines and enforcement mechanisms. x��]o�6�}��z���"~H�E�l��롽���c;��X��������P�Dє�E�h�H3��p����i��a�m���n�v�}��?��ꗿ��>o�jӖuu}}�x}�{����KR�=�}â���k��*R:O�"�;�}�F��㧷o����_��?߾�����k�۶>\Z^':wW/ The CPTPP enters into force 60 days after the date on which at least six or at least 50% of the number of signatories to the CPTPP, whichever is smaller, have notified the Depository in writing of the completion of their legal procedures. Nothing in this Article shall preclude: 4. English. Article 14.16 (Cooperation on Cybersecurity Measures) affirms the importance of-but does not create concrete obligations for-"building the capabilities of their national entities responsible for 2.1. (a) building the capabilities of their national entities responsible for computer security incident response; and. 3. For greater certainty, to the extent that a digital product of a non-Party is a “like digital product”, it will qualify as an “other like digital product” for the purposes of this paragraph. 1. The Parties recognise the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent and deceptive commercial activities as referred to in Article 16. Recognising that the Parties may take different legal approaches to protecting personal information, each Party should encourage the development of mechanisms to promote compatibility between these different regimes. No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory. 3. 1. CPTPP Ministerial Statement (English/ Vietnamese) 2. Instead of referring to "terms that are more favorable than commercially available", the CPTPP adopts the concept of Article 14 of the SCM Agreement to define it as equity capital provided “inconsistent with the usual investment practice, including for … These negotiations may include negotiations regarding compensation for the establishment, operation and maintenance of facilities of the respective suppliers. <> 4. Elle est chargée, suivant les distinctions établies au présent titre, de constater les infractions à la loi pénale, d'en rassembler les preuves et d'en rechercher … Article 14.11(2) of the CPTPP goes further than the GATS in providing that: ‘Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person’. 2 0 obj No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory. Decisions . For enquiries, please contact us. For greater certainty, measures affecting the supply of a service delivered or performed electronically are subject to the obligations contained in the relevant provisions of Chapter 9 (Investment), Chapter 10 (Cross-Border Trade in Services) and Chapter 11 (Financial Services), including any exceptions or non-conforming measures set out in this Agreement that are applicable to those obligations. Brunei Darussalam and Viet Nam are not required to apply this Article before the date on which that Party implements its legal framework that provides for the protection of personal data of the users of electronic commerce. With respect to existing measures, Viet Nam shall not be subject to dispute settlement under Chapter 28 (Dispute Settlement) regarding its obligations under Article 14.4 (Non-Discriminatory Treatment of Digital Products), Article 14.11 (Cross-Border Transfer of Information by Electronic Means) and Article 14.13 (Location of Computing Facilities) for a period of two years after the date of entry into force of this Agreement for Viet Nam. 3. Article 14.8: Personal Information Protection5 1. Article 30.4 (Accession), Article 30.5 (Entry into Force), Article 30.6 (Withdrawal) and Article 30.8 (Authentic Texts).1 2. ... (CPTPP) one … (a) a covered investment as defined in Article 9.1 (Definitions); (b) an investor of a Party as defined in Article 9.1 (Definitions), but does not include an investor in a financial institution; or. 2.2. No Party shall accord less favourable treatment to digital products created, produced, published, contracted for, commissioned or first made available on commercial terms in the territory of another Party, or to digital products of which the author, performer, producer, developer or owner is a person of another Party, than it accords to other like digital products.Footnote 4. 3. 4. 2. endobj Second Meeting of CPTPP Commission in Auckland, New Zealand. (c) a service supplier of a Party as defined in Article 10.1 (Definitions). KUALA LUMPUR (April 12): The following is a media statement by Dr Ong Kian Ming, reproduced in full. 1. Ratify the Regional Comprehensive Economic Partnership (RCEP) and the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) to increase Foreign Direct Investment (FDI) and External TradeMuch was made about Malaysia registering a 15.4% growth in exports in … (b) facilitate input by interested persons in the development of its legal framework for electronic transactions. In the development of its legal framework for the protection of personal information, each Party should take into account principles and guidelines of relevant international bodies.Footnote 6. Article 14.11 states: “Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person.” unsolicited commercial electronic message means an electronic message which is sent for commercial or marketing purposes to an electronic address, without the consent of the recipient or despite the explicit rejection of the recipient, through an Internet access service supplier or, to the extent provided for under the laws and regulations of each Party, other telecommunications service. The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), also known as TPP11 or TPP-11, is a trade agreement between Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, and Vietnam.It evolved from the Trans-Pacific Partnership (TPP), which never entered into force due to the withdrawal of the United States. (b) accept trade administration documents submitted electronically as the legal equivalent of the paper version of those documents. (a) work together to assist SMEs to overcome obstacles to its use; (b) exchange information and share experiences on regulations, policies, enforcement and compliance regarding electronic commerce, including: (ii) online consumer protection, including means for consumer redress and building consumer confidence; (iii) unsolicited commercial electronic messages; (iv) security in electronic communications; (c) exchange information and share views on consumer access to products and services offered online among the Parties; (d) participate actively in regional and multilateral fora to promote the development of electronic commerce; and. <>>> %���� The core elements of the forthcoming agreement, which came to life following the United States' withdrawal from the TPP in January 2017, … \=cI�|�k�|sM�D�H +,��a ���^�`�H��j֓Wt�%�������M���j�Ӈ�H4�"@JI��%�R�\%b A"x��{g���8L$R�� 9�|-�8�'l��!d�Ux O�p;��A�rEy�"�D�Y�[�$�_zy����ۿ~�]"U�O��ԖH5剘�����J���9�[���Q��e=�dK�XR,��/��I��� No Party shall adopt or maintain measures for electronic authentication that would: 3. 6.5 and Article 16. The obligations contained in Article 14.4 (Non-Discriminatory Treatment of Digital Products), Article 14.11 (Cross-Border Transfer of Information by Electronic Means) and Article 14.13 (Location of Computing Facilities) shall not apply to the non-conforming aspects of measures adopted or maintained in accordance with Article 9. 2. Recognising the global nature of electronic commerce, the Parties shall endeavour to: 1. 1. 2. Additional information and notices will be published once CPTPP is ratified and implementation dates are confirmed among the other remaining member countries of Brunei, Chile, Malaysia, and Peru,. endobj CPTPP’s e-commerce provisions prohibit discrimination in digital products and data localization and requires that parties to the agreement adopt online consumer protection provisions. For greater certainty, paragraph 1 shall not preclude a Party from imposing 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. Chapter 14 of CPTPP also contains some positive headlines, including requirements to protect personal information (Art 14.8), however, this a very weak provision, as it allows weak data protection frameworks instead of the robust GDPR approach the UK currently enjoys. Liz Truss submits UK's application to join the CPTPP. The Parties recognise that each Party may have its own regulatory requirements regarding the use of computing facilities, including requirements that seek to ensure the security and confidentiality of communications. Article 14. (a) avoid any unnecessary regulatory burden on electronic transactions; and. You will not receive a reply. The Parties shall endeavour to cooperate in appropriate cases of mutual concern regarding the regulation of unsolicited commercial electronic messages. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-supported loans, guarantees and insurance. 3 0 obj 2. 2. The agreement will additionally come into force for Vietnam on January 14, 2018. Comprehensive and Progressive Agreement for Trans-Pacific Partnership, Consolidated TPP Text – Chapter 14 – Electronic Commerce. The Parties shall encourage the use of interoperable electronic authentication. What is CPTPP? which the United States ultimately abandoned, devotes a chapter to electronic commerce.' �R�. Article 14(8) covers “personal information protection” and requires that parties “adopt or maintain a legal framework” to protect personal information. 1. The CPTPP and USMCA (which broadly follows the CPTPP) provides a multi-tiered approach to enabling cross-border data flows. As of December 30, 2018, a new preferential tariff treatment is being introduced for originating imports from Australia, Japan, Mexico, New Zealand and Singapore. 5. 3. No Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of one Party and a person of another Party. 2. under Article 16.6.5 and Article 16.6.6 (Consumer Protection) includes cooperation with respect to online commercial activities. 6.2 (Consumer Protection) when they engage in electronic commerce. (a) the inclusion or implementation of terms and conditions related to the provision of source code in commercially negotiated contracts; or. Article 14.17 of CPTPP prohibits requirements for transfer or access to the source code of computer software. These mechanisms may include the recognition of regulatory outcomes, whether accorded autonomously or by mutual arrangement, or broader international frameworks. Each Party shall endeavour to adopt non-discriminatory practices in protecting users of electronic commerce from personal information protection violations occurring within its jurisdiction. For Australia, a covered person does not include a credit reporting body. (b) business can comply with any legal requirements. 4. With respect to existing measures, Malaysia shall not be subject to dispute settlement under Chapter 28 (Dispute Settlement) regarding its obligations under Article 14.4 (Non-Discriminatory Treatment of Digital Products) and Article 14.11 (Cross-Border Transfer of Information by Electronic Means) for a period of two years after the date of entry into force of this Agreement for Malaysia. No Party shall impose customs duties on electronic transmissions, including content transmitted electronically, between a person of … 4. No Party shall require a covered person to use or locate computing facilities in that Party’s territory as a condition for conducting business in that territory. (c) otherwise provide for the minimisation of unsolicited commercial electronic messages. This Chapter shall apply to measures adopted or maintained by a Party that affect trade by electronic means. In November 2017, ministers of the remaining 11 TPP countries agreed on the way … The key provision is Article 14.8 which is entitled “Personal information protection”. Vietnamese. Each Party shall adopt or maintain consumer protection laws to proscribe fraudulent and deceptive commercial activities that cause harm or potential harm to consumers engaged in online commercial activities. endobj The CPTPP Parties agree that the CPTPP maintains the high standards, overall balance, and integrity of the TPP while ensuring the commercial and other interests of all participants and preserving our inherent right to regulate, including the flexibility of the Parties to set legislative and regulatory priorities; >2. For greater certainty, digital product does not include a digitised representation of a financial instrument, including money. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> PUBLISHED: 14:49, Thu, Apr 8, 2021 | UPDATED: 15:03, Thu, Apr 8, 2021. Each Party shall provide recourse against suppliers of unsolicited commercial electronic messages that do not comply with the measures adopted or maintained pursuant to paragraph 1. 2. computing facilities means computer servers and storage devices for processing or storing information for commercial use; but does not include a “financial institution” or a “cross-border financial service supplier of a Party” as defined in Article 11.1 (Definitions); digital product means a computer programme, text, video, image, sound recording or other product that is digitally encoded, produced for commercial sale or distribution, and that can be transmitted electronically;Footnote 2, Footnote 3; electronic authentication means the process or act of verifying the identity of a party to an electronic communication or transaction and ensuring the integrity of an electronic communication; electronic transmission or transmitted electronically means a transmission made using any electromagnetic means, including by photonic means; personal information means any information, including data, about an identified or identifiable natural person; trade administration documents means forms issued or controlled by a Party that must be completed by or for an importer or exporter in connection with the import or export of goods; and. The first element of the CPTPP data framework is Article 14.11, titled ‘cross-border transfer of information by electronic means’. To this end, the Parties shall endeavour to exchange information on any such mechanisms applied in their jurisdictions and explore ways to extend these or other suitable arrangements to promote compatibility between them. (b) using existing collaboration mechanisms to cooperate to identify and mitigate malicious intrusions or dissemination of malicious code that affect the electronic networks of the Parties. This Article shall not be construed to affect requirements that relate to patent applications or granted patents, including any orders made by a judicial authority in relation to patent disputes, subject to safeguards against unauthorised disclosure under the law or practice of a Party. The Parties recognise the economic and social benefits of protecting the personal information of users of electronic commerce and the contribution that this makes to enhancing consumer confidence in electronic commerce. An official signing cermony for the CPTPP is expected to be held in late March in Chile. 4 0 obj CPTPP has also raised the bar so that frivolous cases cannot be brought against member states. stream Except in circumstances otherwise provided for under its law, a Party shall not deny the legal validity of a signature solely on the basis that the signature is in electronic form. (b) does not impose restrictions on the use or location of computing facilities greater than are required to achieve the objective. 1. The Parties recognise the economic growth and opportunities provided by electronic commerce and the importance of frameworks that promote consumer confidence in electronic commerce and of avoiding unnecessary barriers to its use and development. Each Party shall adopt or maintain measures regarding unsolicited commercial electronic messages that: 2. In the event of any inconsistency between this Agreement and the TPP, when the 1. Article 14.17 of CPTPP prohibits requirements for transfer or access to the source code of computer software. Article 14.3: Customs Duties 1. 1. For instance, the CPTPP’s article 14.17.1 says that “No Party shall require the transfer of, or access to, source code of software owned by a person of another Party, as a condition for the import, distribution, sale or use of such software, or of products containing such software, in its territory.” (b) prevent parties to an electronic transaction from having the opportunity to establish before judicial or administrative authorities that their transaction complies with any legal requirements with respect to authentication. Articles 14.11 and 14.13 of the CPTPP E-Commerce Chapter establish the framework which facilitates businesses’ ability to transfer and store data across national borders. On January 23, 2018, Canada and 10 other signatories of the now-defunct Trans-Pacific Partnership (TPP) concluded a series of negotiations in Tokyo concerning the planned "Comprehensive and Progressive Agreement for Trans-Pacific Partnership" (CPTPP). 2. The CPTPP’s restriction on data transfer limitations is very similar to the data localization provision. 1. Paragraph 1 shall not apply to the extent of any inconsistency with the rights and obligations in Chapter 18 (Intellectual Property). To this end, each Party shall adopt or maintain a legal framework that provides for the protection of the personal information of the users of electronic commerce. (b) to be read in conjunction with any other relevant provisions in this Agreement. (b) information held or processed by or on behalf of a Party, or measures related to such information, including measures related to its collection. 2. ��:�˥L�%��W��-�A�n�U��v�����[D&T�M��¤���Z��� ��;sQ°��q�xX��V�,.1z���!��e���z���7� ���/��y*�zv��2�u@?�l�&j�� ���Լ�D\Wk��{0�cT?������ϧ `K\e�]ma�5�����j-��hQ�x���J�� l��oA�� ��j��3�4)��d��x*���~W��"5�^N-���� [��#��|��PT�gX��vX[7����\�Zu Notwithstanding paragraph 2, a Party 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. Decision on the procedures of the CPTPP Council according to Article 27.4 of Chapter 27 - Administrative and institutional provisions. 81 Articles 14.14, 14.17 and 14.16 of the CPTPP E-Commerce Chapter. The Parties recognise that an Internet access service supplier that offers its subscribers certain content on an exclusive basis would not be acting contrary to this principle. New Zealand … 1. Each Party should publish information on the personal information protections it provides to users of electronic commerce, including how: 5. To this end, the Parties affirm that the cooperation sought under Article 16. The Parties recognise the economic and social benefits of protecting the personal information of users of electronic commerce and the contribution that (a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction on trade; and. This Article shall not apply to broadcasting. The Parties recognise that each Party may have its own regulatory requirements concerning the transfer of information by electronic means. The obligations contained in Article 14.4 (Non-Discriminatory Treatment of Digital Products), Article 14.11 (Cross-Border Transfer of Information by Electronic Means) and Article 14.13 (Location of Computing Facilities) shall not apply to the non-conforming aspects of measures adopted or maintained in accordance with Article 9. 2. 1. (b) does not impose restrictions on transfers of information greater than are required to achieve the objective. The definition of digital product should not be understood to reflect a Party’s view on whether trade in digital products through electronic transmission should be categorised as trade in services or trade in goods. 3. (b) a Party from requiring the modification of source code of software necessary for that software to comply with laws or regulations which are not inconsistent with this Agreement. Each Party shall allow the cross-border transfer of information by electronic means, including personal information, when this activity is for the conduct of the business of a covered person. 3. (a) subject to the relevant provisions, exceptions and non-conforming measures of Chapter 9 (Investment), Chapter 10 (Cross-Border Trade in Services) and Chapter 11 (Financial Services); and. (a) require suppliers of unsolicited commercial electronic messages to facilitate the ability of recipients to prevent ongoing reception of those messages; (b) require the consent, as specified according to the laws and regulations of each Party, of recipients to receive commercial electronic messages; or.
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