Page 425 - Regional Comprehensive Economic Partnership (RCEP)

consent of the recipient or despite the explicit rejection of not apply to aspects of a Party’s measures that do not conform
the recipient. with an obligation in Chapter 8 (Trade in Services) or Chapter 10
2
(Investment) to the extent that such measures are adopted or
maintained in accordance with:
Article 12.2: Principles and Objectives
(a) Article 8.8 (Schedules of Non-Conforming Measures) or
1. The Parties recognise the economic growth and opportunities Article 10.8 (Reservations and Non-Conforming
provided by electronic commerce, the importance of frameworks Measures);
that promote consumer confidence in electronic commerce, and
the importance of facilitating the development and use of (b) any terms, limitations, qualifications, and conditions
electronic commerce. specified in a Party’s commitments, or are with respect to
a sector that is not subject to a Party’s commitments, made
2. The objectives of this Chapter are to: in accordance with Article 8.6 (Most-Favoured-Nation
Treatment) or Article 8.7 (Schedules of Specific
(a) promote electronic commerce among the Parties and the Commitments); or
wider use of electronic commerce globally;
(c) any exception that is applicable to the obligations in
(b) contribute to creating an environment of trust and Chapter 8 (Trade in Services) or Chapter 10 (Investment).
confidence in the use of electronic commerce; and
5. For greater certainty, measures affecting the supply of a service
(c) enhance cooperation among the Parties regarding delivered electronically are subject to the obligations contained in
development of electronic commerce. the relevant provisions of:

(a) Chapter 8 (Trade in Services); and
Article 12.3: Scope
3
(b) Chapter 10 (Investment),
1. This Chapter shall apply to measures adopted or maintained by a
Party that affect electronic commerce. including Annex II (Schedules of Specific Commitments for
Services), Annex III (Schedules of Reservations and Non-
2. This Chapter shall not apply to government procurement. Conforming Measures for Services and Investment), as well as
any exceptions that are applicable to those obligations.
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. Article 12.4: Cooperation

4. Article 12.14 (Location of Computing Facilities) and Article 12.15 1. Each Party shall, where appropriate, cooperate to:
(Cross-Border Transfer of Information by Electronic Means) shall
(a) work together to assist small and medium enterprises to
overcome obstacles in the use of electronic commerce;
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 (b) identify areas for targeted cooperation between the Parties
maintain measures consistent with Article 12.9 (Unsolicited Commercial Electronic which will help Parties implement or enhance their
Messages) that apply to other modes of delivery of unsolicited commercial electronic electronic commerce legal framework, such as research
messages. and training activities, capacity building, and the provision

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

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