Article 113. Online Consumer Trust
1. Each Party shall adopt or maintain measures to ensure the effective protection of consumers engaging in electronic commerce transactions, including but not limited to measures that:
(a) proscribe fraudulent and deceptive commercial practices;
(b) require suppliers of goods and services to act in good faith and abide by fair commercial practices, including through the prohibition of charging consumers for unsolicited goods and services;
(c) require suppliers of goods and services to provide consumers with clear and thorough information regarding their identity and contact details (1), as well as information regarding the goods and services, the transaction and the applicable consumer rights; and
(d) grant consumers access to redress to claim their rights, including a right to remedies in cases where goods or services are paid and not delivered or provided as agreed.
2. The Parties recognise the importance of entrusting their consumer protection agencies or other relevant bodies with adequate enforcement powers and the importance of cooperation between their agencies in the enforcement of their respective laws and regulations related to consumer protection and online consumer trust.
3. The Parties recognise the importance of promoting effective policy frameworks relating to consumer product safety.
Article 114. Unsolicited Commercial Electronic Messages
1. In order to protect users effectively against unsolicited commercial electronic messages, each Party shall adopt or maintain measures that:
(a) require suppliers of commercial electronic messages to facilitate the ability of recipients to stop the sending of such messages; and
(b) require the consent, as specified according to the domestic laws and regulations of each Party, of recipients to receive commercial electronic messages.
2. Each Party shall provide access to recourse against suppliers of unsolicited commercial electronic messages who do not comply with its measures referred to in paragraph 1.
Article 115. Cross-border Data Flows and Localisation of Computing Facilities
1. The Parties commit to ensuring cross-border data flows to facilitate digital trade. To that end, cross-border data flows shall not be restricted between the Parties by: (2)
(a) requiring the use of computing facilities or network elements in the Party’s territory for processing, including by imposing the use of computing facilities or network elements that are certified or approved in the territory of the Party;
(b) requiring the localisation of data in the Party’s territory for storage or processing;
(c) prohibiting storage or processing in the territory of another Party; or
(d) making the cross-border transfer of data contingent upon use of computing facilities or network elements in the Party’s territory or upon localisation requirements in the Party’s territory.
2. Nothing in this Article shall prevent a Party from adopting or maintaining measures inconsistent with paragraph 1 to achieve a legitimate public policy objective (3), provided that the measure:
(a) is not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade; and
(b) does not impose restrictions on transfers of information that are greater than necessary to achieve the objective. (4)
Article 116. Electronic Payments and Invoicing
1. The Parties recognise the pivotal role of electronic payments in enabling electronic commerce and the rapid growth of electronic payments. The Parties agree to support the development of efficient, safe and secure cross-border electronic payments by fostering the adoption and use of internationally accepted standards, promoting interoperability and the interlinking of payment infrastructures, and encouraging useful innovation and competition in the payments ecosystem.
2. The Parties recognise the importance of e-invoicing which increases the efficiency, accuracy and reliability of commercial transactions and agree to promote the adoption of interoperable systems for e-invoicing.
3. The Parties shall support and facilitate the adoption of e-invoicing by undertakings. To this end, the Parties shall endeavour to:
(a) promote the existence of underlying infrastructure to support e-invoicing; and
(b) generate awareness of and build capacity for e-invoicing.
Article 117. Protection of Personal Data and Privacy
1. The Parties recognise that the protection of personal data and privacy is a fundamental right and that high standards in this regard contribute to the development of digital trade and trust therein.
2. Each Party shall adopt or maintain measures it deems appropriate to ensure a high level of protection of personal data and privacy, including through the adoption and application of rules for the cross-border transfer of personal data. Nothing in this Agreement shall affect the protection of personal data and privacy afforded by the Parties’ respective measures.
3. The Parties shall inform each other about any measures referred to in paragraph 2.
Article 118. Transfer of or Access to Source Code
1. No Party shall require the transfer of, or access to, the source code of software or parts thereof owned by a natural or juridical person of another Party as a condition for the import, distribution, sale or use of such software or products containing such software in its territory.
2. This Article shall not apply to:
(a) requirements by a court or administrative tribunal;
(b) intellectual property rights and their protection and enforcement;
(c) competition law and its enforcement;
(d) the right of a Party to take measures in accordance with Chapter V (Government Procurement);
(e) requirements by competent authorities to verify the conformity of goods and services with legal requirements; or
(f) voluntary transfer or granting of access to source code on a commercial basis by a natural or juridical person of a Party.
Article 119. Cooperation on Electronic Commerce
1. The Parties may engage in a dialogue on regulatory issues of mutual interest raised in relation to electronic commerce, which could, inter alia, address the following issues:
(a) the treatment of unsolicited commercial electronic messages;
(b) interoperability of infrastructures, such as secure electronic authentication and payments;
(c) the use of electronic commerce by micro, small and medium sized enterprises;
(d) digital inclusion, including participation of women, rural populations, low socio-economic groups and Indigenous Peoples;
(e) consumer protection; and
(f) other issues relevant for the development of electronic commerce.
2. Such a dialogue may include exchange of information on the Parties’ respective domestic laws and regulations on these issues, as well as on the implementation of such domestic laws and regulations.
Article 120. General Exceptions
For the purposes of this Chapter, Article XX of the GATT 1994 and Article XIV of the GATS apply and are hereby incorporated into and made part of this Agreement, mutatis mutandis.
Article 121. Security Exceptions
For the purposes of this Chapter, Article XXI of the GATT 1994 and Article XIVbis of the GATS apply and are hereby incorporated into and made part of this Agreement, mutatis mutandis.
Article 122. Review
The Parties shall review the implementation of this Chapter and assess its functioning in the Joint Committee, particularly in light of relevant changes affecting digital trade that might arise from new business models or technologies.
Chapter Vquater. TRADE AND SUSTAINABLE DEVELOPMENT
Section I. GENERAL PROVISIONS
Article 123. Context and Objectives
1. The Parties recall the Stockholm Declaration on the Human Environment of 1972, the Rio Declaration on Environment and Development of 1992, Agenda 21 on Environment and Development of 1992, the Johannesburg Plan of Implementation on Sustainable Development of 2002, the ILO Declaration on Fundamental Principles and Rights at Work of 1998, as amended in 2022, the Ministerial Declaration of the UN Economic and Social Council on Full Employment and Decent Work of 2006, the ILO Declaration on Social Justice for a Fair Globalization of 2008, as amended in 2022, the Rio+20 Outcome Document “The Future We Want” of 2012 and the UN 2030 Agenda for Sustainable Development of 2015, the WTO Joint Declaration on Trade and Women’s Economic Empowerment of 2017, the Convention on the Elimination of all Forms of Discrimination against Women of 1979 and the commitments under the Beijing Declaration and Platform for Action of 1995, noting in particular those articles and strategic objectives related to women’s equal access to markets, trade, resources, information and training opportunities.
2. The Parties shall promote sustainable development which encompasses economic development, social development and environmental protection, all three being interdependent and mutually reinforcing. They underline the benefit of cooperation on trade and investment related aspects of labour, environmental and gender issues as part of a global approach to trade and sustainable development.
3. The Parties commit to promote the development of international trade and investment as well as their preferential economic relationship in a manner that contributes to inclusive economic and sustainable development.
Article 124. Right to Regulate and Levels of Protection
1. Recognising the right of each Party to establish its own levels of environmental and labour protection, and to adopt or modify accordingly its domestic laws, regulations and policies, each Party shall seek to ensure that its domestic laws, regulations and policies provide for and encourage high levels of environmental and labour protection. Such levels of protection shall be consistent with international labour standards and the commitments of each Party under multilateral environmental agreements, as referred to in this Chapter. Each Party shall strive to further improve the levels of protection provided for in those laws, regulations and policies.
2. When preparing and implementing measures related to the environment or labour conditions that affect trade or investment between them, the Parties shall take account of available scientific and technical information, in first instance from recognised technical and scientific bodies, as well as relevant and available international standards, guidelines and recommendations.
Article 125. Upholding Levels of Protection
1. No Party shall fail to effectively enforce, through a sustained or recurring course of action or inaction, its domestic environmental and labour laws or regulations in a manner affecting trade or investment between the Parties.
2. No Party shall weaken or reduce the level of environmental or labour protection provided by its domestic laws and regulations in order to encourage trade or investment.
3. No Party shall waive or otherwise derogate from, or offer to waive or otherwise derogate from, such laws or regulations in order to encourage trade or investment.
4. No Party shall apply its domestic environmental and labour laws and regulations in a manner which would constitute a disguised restriction on trade or investment.
Article 126. Responsible Business Conduct
1. The Parties recognise the importance to promote responsible business conduct, including responsible management of supply chains by businesses. In this regard, the Parties acknowledge the importance of internationally recognised principles and guidelines, such as the OECD Guidelines for Multinational Enterprises, the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy, the UN Global Compact and the UN Guiding Principles on Business and Human Rights.
2. Each Party shall:
(a) encourage enterprises operating in its territory or jurisdiction to adopt voluntarily policies and practices of responsible business conduct that contribute to the achievement of sustainable development and are consistent with internationally recognised principles, standards and guidelines that have been endorsed or are supported by that Party; and
(b) support the dissemination and use of relevant international instruments that have been endorsed or are supported by that Party, as referred to in paragraph 1.
Article 127. Procedural Guarantees
Each Party shall ensure that administrative and judicial proceedings comply with due process of law and are accessible and available in order to allow for timely actions against violations of its domestic environmental or labour laws or regulations and to provide for effective remedies.
Article 128. Public Participation, Awareness and Submissions
1. Each Party shall encourage public dialogue with and among non-state actors as regards the development of laws, regulations and policies covered by this Chapter.
2. Each Party shall promote public awareness of its domestic laws, regulations and policies covered by this Chapter, as well as its enforcement and compliance procedures, by ensuring that information is available to stakeholders and by taking steps to improve the knowledge and understanding of workers, employers and their representatives.
3. The Parties shall provide their stakeholders with the opportunity to share comments and make recommendations regarding the implementation of this Chapter, in accordance with domestic procedures.
4. Each Party shall provide for the receipt of and give due consideration to submissions from the public on matters related to this Chapter, including information regarding the Party’s implementation of this Chapter. Each Party shall, in accordance with its domestic procedures, respond in writing to such submissions in a timely manner.
Article 129. Cooperation
1. The Parties recognise the importance of cooperation on trade-related and investment related aspects of labour, environmental and gender issues in order to achieve the objectives of this Chapter, to enhance the benefits thereof and to strengthen the Parties’ joint and individual capacities to promote sustainable development. Each Party may, as appropriate, invite its social partners or other relevant stakeholders to participate in relevant cooperation projects and to identify potential areas of cooperation.
2. Pursuant to paragraph 1, the Parties may cooperate in areas of mutual interest such as:
(a) trade and investment related aspects of environmental sustainability, including efforts to promote conservation, sustainable use and restoration of biological diversity including matters related to natural resources; combat climate change; prevent land degradation including deforestation and desertification; promote trade in environmental goods and services; and ensure access to information, participation and justice in environmental matters;
(b) promoting decent work and the fundamental principles and rights at work; best practice for labour relations, for example improved labour relations, including promotion of best practice in alternative dispute resolution; and social dialogue, including tripartite consultation and partnership; elimination of all forms of forced or compulsory labour, including forced or compulsory child labour and trafficking in persons;
(c) gender equality and non-discrimination, including efforts to promote equal remuneration for work of equal value and equitable gender representation at senior levels in the public and private sector; to further increased economic and labour participation of women, including in entrepreneurship and innovation; to conduct gender-based analysis, the collection of gender-disaggregated data and the analysis of gender-focused statistics related to trade; experiences and best practice relating to policies and programmes to encourage women’s increased participation in international trade; advancing care policies and programmes as well as work-life balance measures; and
(d) responsible business conduct.
3. The Parties shall strive to strengthen their cooperation on trade and investment related labour, environmental and gender issues of mutual interest in relevant bilateral, regional and multilateral fora in which they participate such as the ILO, WTO, OECD, the United Nations Environment Programme and multilateral environmental agreements.
Article 130. Cooperation Framework
1. Taking into account their national priorities and circumstances, as well as available resources, the Parties may cooperate on issues of mutual interest through activities such as:
(a) dialogues, workshops, seminars, conferences, collaborative programmes and projects;
(b) the exchange of information on best practice;
(c) technical assistance to promote and facilitate cooperation and training; and
(d) any other form of cooperation deemed appropriate.
2. The Parties shall, where appropriate and possible, seek to complement and use their existing cooperation mechanisms and take into account the relevant work of regional and international organisations.
Section II. ENVIRONMENT AND TRADE
Article 131. Multilateral Environmental Agreements and Governance
1. The Parties recognise the importance of multilateral environmental agreements, and of the UN Environment Assembly and UN Environment Programme as a response of the international community to global, regional and domestic environmental challenges and stress the need to enhance the mutual supportiveness between trade and environment policies.
2. The Parties reaffirm their commitment to the effective implementation in their domestic laws, regulations and policies of the multilateral environmental agreements to which they are a party, as well as their adherence to environmental principles reflected in the international instruments referred to in Article 123 (Context and objectives).
Article 132. Sustainable Forest Management and Associated Trade
1. The Parties recognise the importance of ensuring conservation and sustainable management of forests and related ecosystems with the objective to reduce greenhouse gas emissions and biodiversity loss resulting from deforestation and forest degradation, including from land use and land-use change for economic activities.
2. Pursuant to paragraph 1, the Parties commit to:
(a) ensure forest law enforcement and governance;
(b) promote trade in products that derive from sustainably managed forests and related ecosystems;
(c) implement measures to combat illegal logging and promote the use of timber legality assurance instruments with the aim that only legally sourced timber is traded between the Parties;
(d) promote the protection of endangered timber species, inter alia, through the effective use of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
(e) cooperate on issues pertaining to conservation and sustainable management of forests and wetlands where relevant through existing bilateral arrangements if applicable and in the relevant multilateral fora in which they participate, in particular through the UN collaborative initiative on Reducing Emissions from Deforestation and Forest Degradation (REDD+) as encouraged by the Paris Agreement; and
(f) exchange information and, as appropriate, cooperate with the other Party on trade-related initiatives to combat illegal logging, and to promote sustainable forest management, forest governance and conservation of forest cover.
Article 133. Sustainable Agriculture, Food Systems and Associated Trade
1. The Parties recognise the increasing impact that global challenges, such as climate change, loss of biodiversity, land degradation, droughts and the emergence of new pests and diseases, among others, have on agriculture and food systems.
2. In this context, the Parties recognise the importance of strengthening policies and devising programs that contribute to the development of more productive, sustainable, inclusive and resilient agriculture and food systems in a holistic and comprehensive manner. The Parties recognise the importance of sustainable agriculture and food systems and the role of trade in achieving this objective.
3. Pursuant to paragraphs 1 and 2, the Parties will exchange information and experiences in the development and implementation of integrated policies, which promote sustainable agriculture and food systems and associated trade in all three dimensions of sustainable development. In order to effectively contribute to the sustainable development of the agriculture and food sector, the Parties may cooperate on areas of mutual interest related to trade and sustainable agriculture and food systems, including through conducting a dialogue on domestic initiatives towards achieving sustainable agriculture and food systems and improving agricultural productivity, considering the protection and sustainable use of ecosystems and natural resources, as well as the social dimension of agricultural production.
Article 134. Trade and Climate Change
1. The Parties recognise that climate change impacts are being felt and poses significant risks to communities, infrastructure, the economy, the environment and human health, and that efforts to increase resilience are required. The Parties commit to promote effective climate change mitigation and adaptation measures in order to tackle global, regional and domestic challenges and minimise harm.
2. The Parties recognise the importance of pursuing the objectives and principles of the UN Framework Convention on Climate Change (UNFCCC) and the Paris Agreement in order to address the urgent threat of climate change. Accordingly, the Parties recognise the role of trade to achieve the goals of sustainable development and to address climate change, as well as the importance of individual and collective efforts to address climate change impacts through mitigation and adaptation actions.
3. Pursuant to paragraph 1 and 2, the Parties commit to:
(a) effectively implement their respective obligations and commitments under the UNFCCC and the Paris Agreement;
(b) promote the contribution of trade to the transition to a low-carbon-economy and to climate-resilient development;
(c) cooperate bilaterally, regionally and in international fora as appropriate on trade-related climate change issues;
(d) share information and experiences on policy instruments of mutual interest to achieve multilateral, regional and local climate change objectives; and
(e) engage in cooperative and capacity-building activities of mutual interest related to climate change adaptation and mitigation.
Article 135. Trade and Biological Diversity
1. The Parties recognise the importance of the protection, conservation and sustainable use of biological diversity, and the role of trade in pursuing these objectives consistent with the Convention on Biological Diversity and other biodiversity-related multilateral environmental agreements to which they are a party, including the decisions adopted thereunder. The Parties also recognise the importance of ensuring that international trade of wild flora and fauna does not threaten their survival, as set out in CITES.
2. Pursuant to paragraph 1, the Parties commit to:
(a) take appropriate domestic measures to protect and conserve biological diversity when it is subject to pressures linked to trade and investment;
(b) promote the long-term conservation and sustainable use of species listed in CITES, including by promoting the cooperation in the relevant CITES bodies to keep the Appendices to the CITES up to date;
(c) implement applicable CITES resolutions that aims to protect and conserve species whose survival is threatened by international trade;
(d) take appropriate domestic measures to protect and conserve wild flora and fauna, that it has identified to be at risk within its territory, including measures to conserve the ecological integrity of protected natural areas;
(e) implement effective domestic measures to combat illegal trade in wild flora and fauna, including through cooperation activities with third countries, as appropriate;
(f) enhance efforts to prevent or control the introduction and spread of invasive alien species; and
(g) cooperate, where applicable, on issues concerning trade and the protection, conservation and sustainable use of biological diversity.
Article 136. Trade and Sustainable Management of Fisheries and Aquaculture
1. The Parties recognise the importance of ensuring the conservation and sustainable management of living marine resources and marine ecosystems and the role of trade in pursuing these objectives.
2. Pursuant to paragraph 1, the Parties commit to:
(a) adopt and implement effective and transparent policies and measures to combat illegal, unreported and unregulated (IUU) fishing and aim to prevent IUU products from trade flows;
(b) effectively implement the obligations under international agreements (1) to which they are a party in their domestic laws, regulations and policies;
(c) promote the use of relevant international guidelines, such as FAO’s Voluntary Guidelines for Catch Documentation Schemes, that include traceability schemes.
(d) cooperate bilaterally and in relevant international fora in the fight against IUU fishing in areas of mutual interest, such as by facilitating the exchange of information on IUU fishing activities and building capacity;
(e) the fulfilment of the objectives set out in the 2030 Agenda for Sustainable Development regarding fisheries subsidies, including by prohibiting certain forms of fisheries subsidies which contribute to overfishing and overcapacity, eliminating subsidies that contribute to IUU fishing and refraining from introducing new such subsidies; and
(f) promote the development of sustainable and responsible aquaculture.
Section III. LABOUR AND TRADE
Article 137. Labour Rights
1. The Parties commit to promote the development of international trade and investment in a way that is conducive to decent work for all.