In order to address the regulatory fragmentation of digital technologies and intangible digital goods (IDPs), member states of the World Trade Organization (WTO) have been advised to take into account the critical function of international standards.
The limitations of harmonisation through international standards were also acknowledged given the nature of associated issues like privacy. Members emphasised the crucial role played by the Technical Barriers to Trade (TBT) Agreement and the TBT Committee in maintaining regulatory harmonisation through international standards or, when that is not possible, in encouraging coherence and eliminating pointless trade barriers.
WTO members discussed regulatory cooperation on cybersecurity and IDPs during TBT Committee meetings.
They also discussed 68 trade concerns in total, 10 of which were made public for the first time. These concerns covered a variety of subjects, including public health issues, product standards, and digital difficulties.
Members noted specific regulatory challenges related to IDPs linked with new digital technologies including Artificial Intelligence (AI).
These difficulties are related to how these products’ characteristics change as they advance and the fact that regulating these technologies involves concerns like privacy and ethics, which are less amenable to harmonisation, raising the possibility of significant regulatory fragmentation among WTO members.
Members emphasized that it is challenging to ensure a harmonised norm for everyone, influencing commerce on a country-by-country basis. They noted that different legislation on such emergent digital technologies are now being developed at national or regional levels.
They continued by saying that this was crucial for micro, small, and medium-sized businesses (MSMEs), as well as other small businesses, since streamlined, globally harmonised regulations and technical assistance can help these businesses enhance their regulatory compliance.
They emphasised the necessity for members to create a shared understanding of current and future cybersecurity risks in order to solve cybersecurity challenges more successfully. They also emphasised the rising use of regulatory measures in attempts to combat cyber attacks.
Speakers emphasised the importance of using global standards to combat cybersecurity threats, highlighting the work of standard-setting organisations.
In order to solve cybersecurity issues and digital governance, they also stated that standard-setting agencies must interact with stakeholders from the public and commercial sectors.
It was noted that the TBT Agreement, namely its rules on transparency, is crucial for cybersecurity legislation.
