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Member states of the World Trade Organisation (WTO) have been urged to consider the crucial role of international standards in addressing regulatory fragmentation of digital technology and intangible digital products (IDPs)
Given the nature of accompanying issues such as privacy, limits of harmonisation via international standards were also recognised. Members highlighted the important role of the Technical Barriers to Trade (TBT) Agreement and the TBT Committee in ensuring regulatory harmonisation via international standards or when not possible, in promoting coherence and avoiding unnecessary trade restrictions.
At meetings of the TBT Committee, WTO members discussed regulatory cooperation on cybersecurity and IDPs. They also aired a total of 68 trade concerns, 10 of which were raised for the first time, regarding digital issues, public health concerns and product standards, among other topics.
Members highlighted particular challenges regarding regulating emerging digital technologies, such as Artificial Intelligence (AI), and their associated IDPs. These challenges relate to the changing properties of these products as they evolve and the fact that regulating these technologies encompasses issues such as privacy, and ethics that are less prone to harmonisation, thus increasing the chance of significant regulatory fragmentation across WTO members.
Members stressed that with various regulations on such emerging digital technologies currently being developed at national or regional levels, it is difficult to ensure a harmonised standard for everyone, affecting trade on a country-by-country basis. They added that this is particularly important for micro, small and medium-sized enterprises (MSMEs), as simplified, internationally harmonised regulations and technical assistance can help small companies improve regulatory compliance in this area.
Also highlighting the increased use of regulatory measures in efforts to tackle cyber threats, they also underlined the need to develop a common understanding of existing and future cybersecurity risks that would allow members to address cybersecurity challenges more efficiently.
Speakers stressed that international standards are key to countering cybersecurity threats, citing the work of standard-setting agencies. They added that government and private sector stakeholders need to work in a coordinated and collaborative manner with standard-making bodies to address cybersecurity concerns and digital governance.
The TBT Agreement, including its provisions on transparency, was highlighted as being of particular importance for cybersecurity regulation.
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