E-Commerce ไทยกับ FTA ระหว่างประเทศต่างๆ

Article 1

Objectives

The objectives of this Chapter are to:

(a) promote electronic commerce between the Parties;

(b) enhance cooperation between the Parties regarding development of electronic commerce; and

(c) promote the wider use of electronic commerce globally.

Article 2

Definitions

For purposes of this Chapter:

(a) ‘Digital certificates’ are electronic documents or files that are issued or otherwise linked to a participant in an electronic communication or transaction for the purpose of establishing the participant’s identity.

(b) ‘Electronic authentication’ means the process of testing an electronic statement or claim, in order to establish a level of confidence in the statement’s or claim’s reliability.

(c) ‘Electronic signature’ has for each Party the meaning set out in its domestic laws and regulations.

(d) ‘Electronic version’ of a document means a document in electronic format prescribed by a Party, including a document sent by facsimile transmission.

(e) ‘Trade administration documents’ means forms issued or controlled by a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.

(f) ‘UNCITRAL’ refers to the United Nations Commission on International Trade Law.

Article 1101

OBJECTIVES AND DEFINITIONS

1. The Parties recognise the economic growth and opportunities provided by electronic commerce, the importance of avoiding barriers to its use and development, and the applicability of relevant WTO rules.

2. The objective of this Chapter is to promote electronic commerce between the Parties, including by encouraging cooperation on
e-commerce alliances.

3. For the purposes of this Chapter:

“electronic version” means a document in an electronic format prescribed by a Party, including a document sent by facsimile transmission; and “trade administration documents” means paper forms issued or controlled by the Government of a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.

ARTICLE 10.1

Objectives and Definitions

1. The Parties recognise the economic growth and opportunities provided by electronic commerce, the importance of avoiding barriers to its use and development, and the applicability of relevant WTO rules.

2. The objective of this Chapter is to promote electronic commerce between the Parties.

3. For the purposes of this Chapter:

(a) “electronic version” means a document in an electronic format prescribed by a Party, including a document sent by facsimil
e transmission;

(b) “trade administration documents” means paper forms issued or controlled by the Government of a Party which must be completed by or for an importer or exporter in relation to the import or export of goods.

AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)/ไทย–นิวซีแลนด์ (TNZ CEP)

Article 3

Transparency

1. Each Party shall publish as promptly as possible or where that is not practicable, otherwise make publicly available all relevant measures of general application pertaining to or affecting the operation of this Chapter.

2. Each Party shall respond as promptly as possible to relevant requests by another Party for specific information on any of its measures of general application pertaining to or affecting the operation of this Chapter .

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AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

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Article 1102

Customs Duties

Each Party shall maintain its current practice of not imposing customs duties on electronic transmissions between Australia and Thailand

ARTICLE 10.2

Customs Duties

Each Party shall maintain its current practice of not imposing customs duties on electronic transmissions between Thailand and New Zealand

AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

Article 4

Domestic Regulatory Frameworks

Each Party shall maintain, or adopt as soon as practicable, domestic laws and regulations governing electronic transactions taking into account the UNCITRAL Model Law on Electronic Commerce 1996.

Article 1103

Domestic Regulatory Frameworks

1. Each Party shall maintain domestic legal frameworks governing electronic transactions based on the Uncitral Model Law on Electronic Commerce 1996.

2. Each Party shall:

1. minimise the regulatory burden on electronic commerce; and

2. ensure that regulatory frameworks support industry-led development of electronic commerce.

ARTICLE 10.3

Domestic Regulatory Frameworks

1. Each Party shall maintain domestic legal frameworks governing electronic transactions based on the UNCITRAL Model Law on Electronic Commerce 1996.

2. Each Party shall:

(a) minimise the regulatory burden on electronic commerce; and

(b) ensure that regulatory frameworks support industry-led development of electronic commerce.

AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

Article 5

Electronic Authentication and Digital Certificates

1. Each Party shall maintain, or adopt as soon as practicable, measures based on international norms for electronic authentication that:

(a) permit participants in electronic transactions to determine the appropriate authentication technologies and implementation models for their electronic transactions;

(b) do not limit the recognition of authentication technologies and implementation models; and

(c) permit participants in electronic transactions to have the opportunity to prove that their electronic transactions comply with the Party’s domestic laws and regulations.

2. The Parties shall, where possible, endeavour to work towards the mutual recognition of digital certificates and electronic signatures that are issued or recognised by governments based on internationally accepted standards.

3. The Parties shall encourage the interoperability of digital certificates used by business.

Article 1104

Electronic Authentication and Digital Certificates

1. Each Party shall maintain domestic legislation for electronic authentication that:

1. permits parties to electronic transactions to determine the appropriate authentication technologies and implementation models for their electronic transactions, without limiting the recognition of such technologies and implementation models; and

2. permits parties to electronic transactions to have the opportunity to prove in court that their electronic transactions comply with any legal requirements.

2. The Parties shall work towards the mutual recognition of digital certificates at government level, based on internationally accepted standards.

3. The Parties shall encourage the interoperability of digital certificates in the business sector.

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AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

Article 6

Online Consumer Protection

1. Subject to Article 6.2, each Party shall, where possible, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under its relevant laws, regulations and policies.

2. No Party shall be obliged to apply Article 6.1 before the date on which, for a Party, that Party enacts domestic laws or regulations or adopts policies on protection for consumers using electronic commerce.

Article 1105

Online Consumer Protection

Each Party shall, to the extent possible and in a manner considered appropriate by each Party, provide protection for consumers using electronic commerce that is at level equivalent to that provided for consumers of other forms of commerce under their respective laws, regulations and politics

ARTICLE 10.4

Online Consumer Protection

Each Party shall, to the extent possible and in a manner considered appropriate by each Party, provide protection for consumers using electronic commerce that is at least equivalent to that provided for consumers of other forms of commerce under their respective laws, regulations and policies.

Article 7

Online Data Protection

1. Subject to Article 7.2, each Party shall, in a manner it considers appropriate, protect the personal data of the users of electronic commerce.

2. No Party shall be obliged to apply Article 7.1 before the date on which, for a Party, that Party enacts domestic laws or regulations to protect the personal data of electronic commerce users.

3. In the development of data protection standards, each Party shall consider the international standards and criteria of relevant international organisations.

Article 1106

Online DATA protection

1. Notwithstanding the differences in existing systems for personal data protection in the territories of the Parties, each Party shall take such measures as it considers appropriate and necessary to protect the personal data of users of electronic commerce.

2. In the development of data protection standards, each Party shall, to the extent possible, take into account international standards and the criteria of relevant international organisations.

ARTICLE 10.5

Online Data Protection

1. Notwithstanding the differences in existing systems for personal data protection in the territories of the Parties, each Party shall take such measures as it considers appropriate and necessary to protect the personal data of users of electronic commerce.

2. In the development of data protection standards, each Party shall, to the extent possible, take into account international standards and the criteria of relevant international organisations.

AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

Article 8

Paperless Trading

1. Each Party shall, where possible, work towards the implementation of initiatives which provide for the use of paperless trading.

2. The Parties shall cooperate in international fora to enhance acceptance of electronic versions of trade administration documents.

3. In working towards the implementation of initiatives which provide for the use of paperless trading, each Party shall take into account the methods agreed by international organisations including the World Customs Organization.

4. Each Party shall endeavour to make electronic versions of its trade administration documents publicly available.

Article 1107

Paperless Trading

1. Each Party shall accept the electronic format of trade administration documents as the legal equivalent of paper documents except where:

3. there is a domestic or international legal requirement to the contrary; or

4. doing so would reduce the effectiveness of the trade administration process.

2. The Parties shall cooperate bilaterally and in international forums to enhance acceptance of electronic versions of trade administration documents.

ARTICLE 10.6

Paperless Trading

1. Each Party shall accept the electronic format of trade administration documents as the legal equivalent of paper documents except where:

(a) there is a domestic or international legal requirement to the contrary; or

(b) doing so would reduce the effectiveness of the trade administration process.

2. The Parties shall cooperate bilaterally and in international fora to enhance acceptance of electronic versions of trade administration documents.

AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

Article 9

Cooperation on Electronic Commerce

1. Recognising the global nature of electronic commerce, the Parties shall encourage cooperation in research and training activities that would enhance the development of electronic commerce. These cooperative research and training activities may include, but are not limited to:

(a) promotion of the use of electronic versions of trade administration documents used by any other Party or Parties;

(b) assisting small and medium enterprises to overcome obstacles encountered in the use of electronic commerce;

(c) sharing information and experiences and identifying best practices in relation to domestic legal and policy frameworks in the sphere of electronic commerce, including those related to data protection, privacy, consumer confidence, cyber-security, unsolicited electronic-mail, electronic signatures, intellectual property rights, and electronic government;

Article 1108

cooperation on eLECTRONIC commerce

1. The Parties shall encourage cooperation in research and training activities that would enhance the development of e-commerce, including by sharing best practices on e-commerce development

2. The Parties shall encourage cooperative activities to promote e-commerce, including those that would improve the effectiveness and efficiency of e-commerce.

ARTICLE 10.7

Cooperation on Electronic Commerce

1. The Parties shall encourage cooperation in research and training activities that would enhance the development of electronic commerce, including by sharing best practices on electronic commerce development.

2. The Parties shall encourage cooperative activities to promote electronic commerce, including those that would improve the effectiveness and efficiency of electronic commerce.

AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

(d) encouraging cooperative activities to promote electronic commerce including those that would improve the effectiveness and efficiency of electronic commerce;

(e) exploring ways in which a developed Party or Parties could provide assistance to the developing Parties in implementing an electronic commerce legal framework;

(f) encouraging cooperation between the relevant authorities to facilitate prompt investigation and resolution of fraudulent incidents relating to electronic commerce transactions;

(g) encouraging the development by the private sector of methods of self-regulation, including codes of conduct, model contracts, guidelines, and enforcement mechanisms that foster electronic commerce; and

(h) actively participating in regional and multilateral fora to promote the development of electronic commerce.

2. The Parties shall endeavour to undertake forms of cooperation that build on and do not duplicate existing cooperation initiatives pursued in international fora.

AANZ-FTA

ไทย–ออสเตรเลีย (TAFTA)

ไทย–นิวซีแลนด์ (TNZ CEP)

Article 10

Dispute Settlement

The provisions of Chapter [X] (Dispute Settlement) shall not apply to any matter arising under this Chapter.

Article 1109

NON-APPLICATION OF DISPUTE SETTLEMENT PROVISIONS

Except for Article 1102, Chapter 18 shall not apply to the provisions of this Chapter.

ARTICLE 10.8

Non-Application of Dispute Settlement Provisions

Except for Article 10.2, Chapter 17 shall not apply to the provisions of this Chapter.