E-commerce & digital trade

Electronic commerce (e-commerce) and digital trade refer to the trade of goods and services using the internet. DFAT and Austrade are working with countries around the world to ensure Australian businesses and consumers benefit from the immense opportunities that e-commerce and digital trade offer.

E-commerce is an increasingly important way for Australia to trade with the rest of the world, and opens up exciting opportunities for Australian businesses and consumers.

Around half of Australian businesses are already engaged in the digital economy in some way, and this number will grow further in the future. The 2016 Australian International Business Survey found that 47 per cent of respondents reported using e-commerce in some way. 60 per cent of these businesses used e-commerce to sell goods, 26 per cent used it to sell services and 14 per cent did both.

The Australian Government participates in global rule-making to shape and support an open digital economy. Governments have an important role to play in helping businesses (including small and medium enterprises) make the most of the digital economy while ensuring appropriate consumer and privacy protections.

What is DFAT doing to support e-commerce and digital trade?

We are looking after Australia’s consumer and digital businesses by helping set international standards, supporting the digitisation of trade practices, reducing barriers to digital trade and promoting confidence in the online environment.

Free trade agreements (FTAs)

Australia has e-commerce chapters in 10 of its 12 concluded FTAs:

Digital trade and e-commerce provisions will continue to be an important part of the FTAs that DFAT negotiates. Australia’s FTAs also support tariff reduction on technological inputs for businesses and consumers alongside rules that benefit investors in digital businesses.

The table below outlines some of the key objectives Australia pursues in its trade agreements to enable digital trade. These objectives are general, may change in specific negotiations, and are negotiated in the context that we are able to accommodate our policy sensitivities, including in regards to health, environment, consumer and privacy protections, and security.

Provision Description of discipline
Paperless trading Countries should provide for online availability of import and export documentation and electronic submission of those documents
Electronic authentication Countries should not deny a signature on the basis it is in electronic form, and should adopt a flexible approach to authentication technologies
Online consumer protection Countries should provide the same protections for online consumers as they do for any other consumer
Online protection of personal information Countries should adopt or maintain a legal framework to protect the personal information of electronic commerce users from unauthorised disclosure
Unsolicited commercial electronic messages (spam) Countries should adopt or maintain measures to allow consumers to opt out of receiving unwanted commercial messages from various sources (for example, email and SMS), and to provide that businesses only send such messages with the expressed or inferred consent of the consumer and identify the source of the messages
Customs duties on electronic transmissions Countries should continue the practice of not applying customs duties to electronic transmissions
Domestic regulatory frameworks/ domestic electronic transaction frameworks Countries should adopt or maintain legal frameworks consistent with the principles of the UN Commission on International Trade Law (UNCITRAL) Model law on Electronic Commerce (1996) and the UN Convention on the Use of Electronic Communications in International Contracts (2005)
Localisation of computing facilities Countries should not require businesses operating in their territory to locate computing facilities (including computer servers and storage devices for processing or storing information for commercial use) within the country’s borders
Cross-border transfer of information by electronic means Countries should allow cross-border transfers of information by electronic means
Disclosure of source code Countries should not require the transfer of or access to mass-market software source code as a condition for the import, distribution, sale or use of software
Cooperation Governments should cooperate on areas of mutual interest in digital trade including on cybersecurity matters

Multilateral discussions

Australia and other countries are increasingly working together to set the rules of digital trade via groups such as the G20, World Trade Organisation (WTO) and Asia-Pacific Economic Cooperation (APEC).

WTO members adopted the Declaration on Global Electronic Commerce in 1998. Since then, the WTO’s e-commerce work programme has helped guide member countries’ efforts to develop multilateral rules.

Australia negotiated and implemented the WTO’s Information Technology Agreement, which cuts tariffs on IT products to reduce costs for businesses and consumers.

Australia also played a pivotal role in negotiating the WTO's Trade Facilitation Agreement. This agreement promotes simpler, more harmonious international trade procedures, including online submission and payment systems for customs documents.

More recently, Australia helped develop the G20 Digital Economy Ministerial Declaration. Signed by ministers from all 20 member countries, the declaration outlines how to maximise the contribution of digitalisation to the economy.

Our region has enormous potential for further digital trade growth. DFAT will continue taking part in multilateral, regional and bilateral e-commerce discussions to maximise the benefits for Australian businesses and consumers.

Last Updated: 6 November 2017