New agreement on digital trade
Berne, 14.10.2026 — On 14 October, the Federal Council launched the consultation process on the plurilateral Agreement on Electronic Commerce (E-Commerce Agreement, ECA). The ECA establishes a common regulatory framework for digital trade among 67 members of the World Trade Organization (WTO) and enhances legal certainty for businesses. The consultation procedure will run until 28 January 2027.
The ECA facilitates cross-border digital trade in goods and services and ensures a more reliable regulatory framework. A key provision of the agreement is the ban on customs duties on electronic transmissions. The agreement promotes the recognition of electronic procedures and documents, as well as paperless business operations. It also helps to strengthen confidence in digital commerce through provisions on consumer and data protection, as well as on cybersecurity.
Common standards for digital trade
The ECA establishes common international rules for digital trade among 67 WTO members. These members account for around 70 per cent of world trade. They include the EU and its member states, as well as Australia, Canada, China, Japan, Singapore, the United Kingdom and Switzerland. As a plurilateral agreement, the ECA is open to all WTO members for accession.
Benefits for Swiss companies
Switzerland has been involved in the negotiations from the outset and has helped shape the agreement. It advocates for modern rules on digital trade both bilaterally and as part of the European Free Trade Association (EFTA). The ECA meets the high standards that Switzerland has already pursued in recent trade agreements. It also takes Swiss interests into account, particularly in the area of data protection. Switzerland’s participation in the agreement keeps the country on a level playing field with other ECA parties and improves the conditions of competition for Swiss companies.
Application without formal inclusion in the WTO Agreement
Substantive negotiations on the ECA were concluded within the WTO in 2024. However, opposition from individual WTO members made it impossible to incorporate the ECA into the WTO Agreement; instead, 67 WTO members adopted a Ministerial Declaration on 28 March 2026 at the 14th regular WTO Ministerial Conference. In the declaration, they agreed to bring the ECA into force with an annex on interim arrangements. The formal incorporation of the ECA into the WTO legal framework remains the members’ shared objective.
The consultation will run until 28 January 2027.