Work at the WTO has advanced on several tracks: through the Work Programme on E-Commerce which includes all 166 WTO members as participants, through the group of around 70 WTO members that co-sponsor the E-Commerce Agreement, and through related efforts of other WTO bodies.

Work Programme on E-Commerce

Ahead of the 14th Ministerial Conference (MC14), WTO members discussed how to build consensus for a ministerial decision based on members' proposals covering elements such as the extension of the moratorium on customs duties applicable to electronic transmissions and the reinvigoration of the E-Commerce Work Programme, including through the establishment of a WTO Committee on Digital Trade.

Four submissions were tabled: one by the African, Caribbean and Pacific (ACP) Group proposing the reinvigoration of the Work Programme with a focus on the development dimension and proposing the extension of the customs duties moratorium until the following Ministerial Conference; one by the United States and co-sponsors for a permanent moratorium;one by a group of members seeking to establish a Committee on Digital Trade that would build on the work done under the Work Programme and provide a stable forum for digital trade discussions; and one by Brazil proposing to establish a Committee on Digital Trade and to extend the customs duties moratorium until the following Ministerial Conference.

The topic of electronic commerce was first introduced at the Second Ministerial Conference in May 1998 when WTO members adopted a Declaration on Global Electronic Commerce. This declaration instructed the WTO General Council to establish a work programme to examine all trade-related issues arising from e-commerce. Members also agreed to continue their practice of not imposing customs duties on electronic transmissions until the next Ministerial Conference. Since then, the Work Programme and the moratorium had been regularly extended.

At the 13th Ministerial Conference held in Abu Dhabi in 2024, WTO members adopted a Ministerial Decision to reinvigorate the Work Programme on Electronic Commerce and maintain the practice of not imposing customs duties on electronic transmissions until MC14 or 31 March 2026, whichever is earlier. The decision also instructed the General Council to hold periodic reviews on the Work Programme, with a view to presenting recommendations for action at MC14.

At MC14, members were unable to reach consensus on a decision on e-commerce. The Work Programme and the moratorium lapsed on 30 March 2026. A draft Ministerial Decision on Electronic Commerce was included in the annex of the MC14 Chair's Summary along with his recommendation that members continue discussions in Geneva.

The draft text was the result of extensive consultations among members assisted by the Minister-Facilitator. It proposes to extend the e-commerce moratorium and Work Programme until 31 December 2030. It also proposes to reinvigorate the Work Programme with a particular focus on the development dimension, improve the training and technical assistance provided to developing members and least-developed country members, and to continue collaboration with other international organizations.

A provision on not imposing customs duties on electronic transmissions is contained in the Agreement on E-commerce (see more below). In addition, a group of members issued a joint statement after MC14 confirming their intention to continue not imposing customs duties on electronic transmissions amongst themselves.

Read more about the E-Commerce Work Programme and moratorium here.

E-Commerce Agreement

Parallel to discussions in the multilateral Work Programme on E-Commerce, around 70 members have committed to the provisions of the E-Commerce Agreement (ECA), which sets baseline rules for digital trade. The Agreement aims to facilitate e-commerce, ensure an open environment for digital trade and promote trust in e-commerce. It includes a commitment for a permanent moratorium on customs duties on electronic transmissions.

The Agreement stems from efforts begun at MC11 in December 2017; co-convenors Australia, Japan and Singapore announced on 26 July 2024 the conclusion of ECA negotiations.

The co-sponsors of the Agreement are seeking consensus of all WTO members to incorporate the Agreement into the WTO's legal architecture as a plurilateral agreement. In February and December 2025, they submitted a request to the General Council but consensus could not be reached. They will continue to seek the incorporation of the Agreement, engage with the WTO membership and discuss the way forward.

According to a WTO Secretariat working paper, adoption of the Agreement by the economies that currently support its incorporation into the WTO legal architecture would lead to an increase in global trade by USD 2.4 trillion until 2040. It is projected to increase participants' GDP by 0.43% and participants' trade by 0.97%. Global GDP and global trade are meanwhile projected to increase 0.14% and 0.58% respectively. Put differently, failure to implement the Agreement on E-Commerce leaves annually an average of USD 159 billion of trade on the table, the study states.

On the sidelines of MC14, 67 members covering approximately 70% of global trade adopted a pathway to bring into force the ECA through interim arrangements while continuing to work towards its incorporation into the WTO legal framework of rules. The members will proceed with their respective domestic procedures and the ECA will enter into force for those members that have accepted it after 45 members have deposited their instruments of acceptance.

Read more about the E-Commerce Agreement here.