The government introduced Bill C-39, the Building Canada Strong Act, last week, and while it emphasized faster project approvals, public discussion has focused almost entirely on the implications for collective bargaining rights. Given those twin issues, it is perhaps unsurprising that the creation of an entirely new digital trade statute has gone unnoticed. Buried toward the end of a 232-page bill, the Enabling Digital Trade Act would be the first federal law on electronic trade documents such as bills of lading, an issue with real implications for bringing digital technologies to shipping and supply chains. Because these digital issues are unlikely to attract much attention, this post unpacks the provisions and their implications.
Post Tagged with: "E-commerce"
The Law Bytes Podcast, Episode 216: Game Changer or More of the Same? Patrick Leblond on the New Global E-Commerce Agreement
For over 25 years, the World Trade Organization, an intergovernmental organization based in Geneva, Switzerland that regulates and facilitates international trade, has grappled with how to engage with e-commerce. What started as a moratorium on customs duties has expanded into the development of a new agreement that touches on a wide range of issues including privacy, data localization, and electronic contracting. The new deal has been heralded as groundbreaking, but some aren’t fully convinced that it actually does break new ground.
Patrick Leblond is a University of Ottawa professor in the Graduate School of Public and International Affairs where he specializes in economic governance and policy, with a focus on North America, Europe and, increasingly, China. He joins the Law Bytes podcast to talk about the latest developments and assess the potential impact of the WTO’s new e-commerce agreement.
Setting the Standard?: How the USMCA Quietly Reshapes Global Digital Trade Agreements
The United States-Mexico-Canada Agreement (USMCA) is more than just an updated version of the North American Free Trade Agreement. With the inclusion of a digital trade chapter, the deal sets a new standard for e-commerce that seems likely to proliferate in similar agreements around the world. My Washington Post op-ed notes that negotiators have touted the benefits of addressing modern forms of commerce, but the reality is that the USMCA digital trade chapter raises many concerns, locking in rules that will hamstring online policies for decades by restricting privacy safeguards and hampering efforts to establish new regulation in the digital environment.
The TPP is Back: My Submission on the Canadian Government’s TPP11 Consultation
The Trans Pacific Partnership, once left for dead after U.S. President Donald Trump withdrew from the agreement, is back with negotiations on a TPP11 (the original agreement featured 12 countries) set to resume next week. With reports indicating that dozens of provisions may be suspended, the Canadian government just concluded a public consultation on the issue. My full submission is posted below. It expresses concern with the lack of TPP transparency and provides comments on five substantive areas: dispute settlement, copyright, patents, e-commerce/digital trade, and culture.
The Government’s Role in E-commerce: My Appearance Before the Standing Committee on International Trade
On the same day that I wrote about the overwhelming volume of hearings, notices, and consultations on digital policy, I also appeared before the House of Commons Standing Committee on International Trade to discuss the role of government policy in fostering the growth of e-commerce. The panel included eBay Canada’s Andrea Stairs (who argued for an increase in the de minimis threshold for consumer imports) and Peter Simons, the CEO of the Simons department store chain (who argued for no de minimis and the application of sales taxes on all purchases regardless of the size or location of the seller). My opening remarks centered on five areas for government action on e-commerce: access to affordable broadband, fostering consumer trust, intermediary liability, intellectual property, and e-commerce in trade agreements.
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