Page 424 - Regional Comprehensive Economic Partnership (RCEP)

consent of the recipient or despite the explicit rejection of
the recipient.
2

Article 12.2: Principles and Objectives

1. The Parties recognise the economic growth and opportunities
provided by electronic commerce, the importance of frameworks
that promote consumer confidence in electronic commerce, and
the importance of facilitating the development and use of
electronic commerce.

2. The objectives of this Chapter are to:

(a) promote electronic commerce among the Parties and the
wider use of electronic commerce globally;

(b) contribute to creating an environment of trust and
confidence in the use of electronic commerce; and

(c) enhance cooperation among the Parties regarding
development of electronic commerce.

Article 12.3: Scope
3

1. This Chapter shall apply to measures adopted or maintained by a
Party that affect electronic commerce.

2. This Chapter shall not apply to government procurement.

3. This Chapter shall not apply to information held or processed by
or on behalf of a Party, or measures related to such information,
including measures related to its collection.

4. Article 12.14 (Location of Computing Facilities) and Article 12.15
(Cross-Border Transfer of Information by Electronic Means) shall

2 A Party may apply the definition to unsolicited commercial electronic messages
delivered through one or more modes of delivery, including Short Message Service
(SMS) or e-mail. Notwithstanding this footnote, Parties should endeavour to adopt or
maintain measures consistent with Article 12.9 (Unsolicited Commercial Electronic
Messages) that apply to other modes of delivery of unsolicited commercial electronic
messages.

3 For greater certainty, the Parties affirm that the obligations under this Chapter are
without prejudice to any Party’s position in the WTO.

12-2