(v) to foreign equity participation expressed as a maximum percentage limit on foreign share ownership or as the total value of individual or aggregate foreign investments.
(b) restrict or prescribe the specific types of legal person or joint venture through which a service supplier may supply a service.
Article 6.5. Additional Commitments
The Parties may negotiate commitments with respect to measures affecting trade in services but not subject to scheduling under Articles 6.3 y 6.4. These commitments shall be set out in Annexes 6.1 and 6.2 (Schedules of Specific Commitments).
Article 6.6. List of Specific Commitments
1. Each Party shall inscribe in its Annexes 6.1 and 6.2 (Schedules of Specific Commitments) the specific commitments it undertakes pursuant to Articles 6.3, 6.4 and 6.5. With respect to the sectors in which such commitments are made. Each schedule shall specify:
(a) the terms, limitations and conditions on market access;
(b) conditions and qualifications regarding national treatment;
(c) the obligations relating to the additional commitments referred to in Article 6.5, and
(d) where appropriate, the timeframe for the implementation of such commitments and the date of entry into force of such commitments.
2. Measures inconsistent with Articles 6.3 and 6.4 should be reported in the column for Article 6.4.
Article 6.7. Transparency
1. Each Party shall publish, as soon as possible and no later than the date of their entry into force, all relevant measures of general application pertaining to or affecting the operation of this Chapter. Each Party shall also publish international agreements it enters into with any country relating to or affecting trade in services.
2. Each Party shall respond as promptly as possible to all requests for specific information from the other Party regarding any of its measures of general application referred to in paragraph 1. In addition, and in accordance with its legal system, each Party shall, through its competent authorities, provide, to the extent practicable, information on notifiable matters to service suppliers of the other Party upon request.
3. This Article shall not be construed to impose any obligation on the Parties to provide confidential information the disclosure of which would impede law enforcement or otherwise be contrary to the public interest, or would prejudice the legitimate commercial interests of public or private enterprises.
Article 6.8. National Regulations
1. In sectors where specific commitments are undertaken, each Party shall ensure that all measures of general application affecting trade in services are administered in a reasonable, objective and impartial manner.
2. Where a Party requires authorization for the supply of a service, the competent authorities of that Party:
(a) where practicable, in the case of an incomplete application, upon request of the applicant, identify the additional information required to complete the application and provide an opportunity to correct minor errors or omissions in the application;
(b) within a reasonable time after the submission of an application that is considered complete under its legal system, inform the applicant of the decision on the application;
(c) as far as practicable, set indicative time limits for the processing of an application;
(d) at the request of the applicant, provide, to the extent practicable, information concerning the status of the application;
(e) if an application is refused, inform the applicant, as far as practicable, of the reasons for the refusal, either directly or at the request of the applicant, and
(f) as far as practicable and in accordance with their legal system, accept copies of authenticated documents in lieu of original documents.
3. In order to ensure that measures relating to qualification requirements and procedures, technical standards and licensing requirements do not constitute unnecessary barriers to trade in services, each Party shall endeavour to ensure that such measures do not constitute unnecessary barriers to trade in services:
(a) be based on objective and transparent criteria, such as competence and capacity to provide the service;
(b) not more burdensome than necessary to ensure quality of service, and
(c) in the case of licensing procedures, do not in themselves constitute a restriction on the supply of the service.
4. Each Party shall ensure that any fee charged by the competent authority to authorize the supply of a service is reasonable, transparent, and does not itself restrict the supply of that service. For the purposes of this paragraph, "fee" does not include payments for the use of natural resources, payments for auctions, tenders or other non-discriminatory means of granting concessions, or compulsory contributions for the provision of a universal service.
5. If licensing or qualification requirements include an assessment, each Party shall ensure that:
(a) the evaluation is scheduled at reasonable intervals, and
(b) areasonable period of time is provided to allow interested persons to submit an application to participate in the evaluation.
6. Each Party shall endeavour to ensure that procedures are in place to verify the competencies of professionals of the other Party.
7. Each Party shall, to the extent practicable, ensure that information regarding licensing and qualification requirements and procedures includes the following:
(a) whether the renewal of the licence or of the certificates of competence for the provision of a service is required;
(b) the contact details of the competent authority;
(c) the applicable licensing and qualification requirements, procedures and costs, and
(d) the procedures relating to appeals or reviews of applications, if any.
8. The Parties recognize their mutual obligations relating to domestic regulation in Article VI:4 of the GATS and affirm their commitment to the development of any necessary disciplines in accordance therewith.
9. To the extent that any such disciplines are adopted by WTO Members or developed in another multilateral forum in which the Parties participate, the Parties shall jointly review them, as appropriate, with a view to determining whether such results should be incorporated into this Chapter.
10. This Article shall not apply to measures that a Party adopts or maintains pursuant to its Annexes 6.1 and 6.2 (Schedules of Specific Commitments).
Article 6.9. Mutual Recognition
1. For the purposes of meeting its relevant standards or criteria for the authorisation or certification of service suppliers or the licensing of service suppliers, each Party may recognise education or experience obtained, requirements fulfilled or licences or certificates granted in the other Party. Such recognition may be based on an agreement or arrangement with that other Party, or granted autonomously.
2. Where a Party recognises, by agreement or arrangement, education or experience obtained, requirements fulfilled, or licences or certificates granted in the territory of a non- Party, that Party shall provide adequate opportunities for the other Party to negotiate its accession to such an existing or future agreement or arrangement, or to negotiate with it a comparable agreement or arrangement. Where a Party grants recognition autonomously, it shall provide appropriate opportunities for another Party to demonstrate that education or experience obtained, requirements met, or licences or certificates granted in the territory of that other Party shall also be subject to recognition.
3. No Party shall accord recognition in a manner that would constitute a means of discrimination between Parties in the application of its standards or criteria for the authorization or certification of, or the licensing of service suppliers, or a disguised restriction on trade in services.
Article 6.10. Cooperation and Mutual Assistance In the Field of Services
The Parties recognize the importance of cooperation, exchange of information and mutual assistance to enable:
(a) share methodologies and publish statistics on the Parties' international trade in services, based on international standards;
(b) the development of dialogues, bilateral meetings between the Parties, regulatory authorities and stakeholders;
(c) the exchange of data, information and practices related to the development of new regulatory measures, including the conduct of public consultations, and
(d) identify and analyse barriers affecting trade in services with a view to their reduction or elimination.
Article 6.11. Denial of Benefits
Subject to prior notification, a Party may deny the benefits of this Chapter to a service supplier of the other Party if the service supplier:
(a) has no substantial business operations in the territory of the other Party;
(b) is not a natural or juridical person of the other Party, as defined in this Chapter, or
(c) supplies the service from or in the territory of a non-Party.
Chapter 7. ELECTRONIC COMMERCE
Article 7.1. Definitions
For the purposes of this Chapter:
cryptographic algorithm or cipher means a mathematical procedure or formula for combining a key with plaintext to create a ciphertext;
electronic authentication means the process or action of verifying the identity of a party to an electronic communication or transaction;
key means a parameter used in conjunction with a cryptographic algorithm that determines its operation in such a way that an entity with knowledge of the key can reproduce or reverse the operation, while an entity without knowledge of the key cannot;
cryptography means the principles, means or methods for the transformation of data in order to hide its information content, prevent its undetected modification, or prevent its unauthorized use; and is limited to the transformation of information using one or more secret parameters, e.g., crypto variables, or associated key management;
Open data means digital data that is made available with the necessary technical and legal characteristics to enable it to be freely used, reused and redistributed. This definition relates only to information held or processed by or on behalf of a Party;
trade administration documents means forms that a Party issues or controls, which are required to be completed by or for an importer or exporter in connection with the importation or exportation of goods;
Encryption means the conversion of data (plain text) into a form that cannot be easily understood without subsequent re-conversion (ciphertext) by using a cryptographic algorithm;
electronic signature (1) means data in electronic form attached to an electronic document that enables the signatory or signatory to be identified;
personal information means any information, including data, about an identified or identifiable natural person;
computer facilities means computer servers and computing devices storage for processing or storage of information for commercial use;
unsolicited electronic commercial messages means an electronic message that is sent for commercial or advertising purposes without the consent of the recipients, or against the explicit will of the recipient, using an Internet service or, in accordance with each Party's legal system, by other telecommunications services;
digital product means a computer program, text, video, image, sound recording, or other product that is digitally encoded, produced for commercial sale or distribution, and that can be transmitted electronically; (2) and (3)
electronic transmission or electronically transmitted means a transmission made using any electromagnetic means, including transmissions by optical means.
Article 7.2. Scope of Application and General Provisions
1. This Chapter shall apply to measures adopted or maintained by a Party affecting trade by electronic means.
2. This Chapter shall not apply to:
(a) public procurement;
(b) subsidies or concessions provided by a Party, including loans, guarantees and insurance supported by States;
(c) information held or processed by or on behalf of a Party, or measures relating to such information, including measures relating to its compilation, or
(d) financial services, as defined in the GATS.
3. The Parties recognise the economic potential and opportunities provided by electronic commerce, and agree to promote the development of electronic commerce between them, in particular through cooperation on issues arising from electronic commerce under the provisions of this Chapter.
4. Considering the potential of electronic commerce as a tool for social and economic development, the Parties recognize the importance of:
(a) the clarity, transparency and predictability of their national regulatory frameworks to facilitate, to the extent possible, the development of electronic commerce;
(b) encourage self-regulation in the private sector to promote trust and confidence in e-commerce, taking into account the interests of users, through initiatives such as industry guidelines, model contracts, codes of conduct and trust seals;
(c) interoperability, to facilitate electronic commerce;
(d) innovation and digitalization in e-commerce;
(e) ensure that international and national e-commerce policies take into account the interest of their stakeholders;
(f) facilitate access to e-commerce for MSMEs, and
(g) ensure the security of users of electronic commerce, as well as their right to the protection of personal data. (4)
5. Each Party shall endeavour to adopt measures to facilitate trade conducted by electronic means.
6. The Parties recognise the importance of avoiding unnecessary barriers to trade conducted by electronic means, including trade in digital products. Taking into account their respective policy objectives, each Party shall endeavour to avoid measures which: (a) hinder trade conducted by electronic means, or
(b) have the effect of treating trade conducted by electronic means more restrictively than trade conducted by other means.
Article 7.3. Customs Duties
1. Neither Party shall impose customs duties on electronic transmissions between a person of one Party and a person of the other Party.
2. For greater certainty, paragraph 1 shall not prevent a Party from imposing internal taxes, fees or other charges on electronically transmitted content or digital products.
Article 7.4. Non-Discriminatory Treatment of Digital Products
1. No Party shall accord less favorable treatment to digital products created, produced, published, licensed, commissioned, or first made available on a commercial basis, in the territory of the other Party, or to digital products of which the author, performer, producer, developer, or owner is a person of the other Party, than it accords to other similar digital products. (5)
2. Paragraph 1 shall not apply to the extent of any inconsistency with intellectual property rights and obligations contained in other agreements to which a Party is a party.
3. The Parties understand that this Article does not apply to subsidies or grants provided by a Party, including government-backed loans, guarantees and insurance.
4. This Article shall not apply to broadcasting.
Article 7.5. Legal Framework for Electronic Transactions
1. Each Party shall endeavour to adopt or maintain a legal framework governing electronic transactions that is consistent with the principles of, inter alia, the UNCITRAL Model Law on Electronic Commerce 1996 of 12 June 1996, the United Nations Convention on the Use of Electronic Communications in International Contracts of 23 November 2005.
2. Each Party Shall Endeavour to:
(a) avoid unnecessary regulatory burdens on electronic transactions, and
(b) facilitate the views of interested persons in the development of its legal framework for electronic transactions.
Article 7.6. Authentication and Electronic Signature
1. A Party shall not deny the legal validity of an electronic signature solely on the ground that it is made by electronic means, unless otherwise expressly provided for in their respective legal systems.
2. Neither Party shall adopt or maintain measures on electronic authentication that:
(a) prohibit the parties to an electronic transaction from mutually determining the appropriate authentication methods for that transaction; or
(b) Prevent parties to an electronic transaction from having the opportunity to prove to judicial or administrative authorities that their transaction complies with any legal requirement with respect to authentication.
3. Notwithstanding paragraph 2, a Party may require that, for a particular category of transactions, the authentication method meet certain performance standards or be certified by an authority accredited under its legal system.
4. The Parties shall promote the use of interoperable electronic signatures. To this end, the Parties may establish homologation mechanisms and criteria for electronic authentication, observing international standards. For this purpose, they may consider the recognition of electronic signature certificates issued by certification service providers operating in the territory of the Parties in accordance with the procedure determined by their legal system, in order to safeguard the standards of security and integrity.
Article 7.7. Consumer Protection Online
1. The Parties recognize the importance of adopting and maintaining transparent and effective measures to protect consumers from fraudulent, misleading or deceptive commercial practices when engaging in electronic commerce.
2. Each Party shall adopt or maintain consumer protection laws to prohibit fraudulent, deceptive, or misleading commercial practices that cause harm or potential harm to consumers who engage in online commercial activities. "Fraudulent, deceptive, or misleading commercial practices" includes:
(a) misrepresenting or misrepresenting information about the physical characteristics, price, fitness for purpose, quantity or origin of goods or services;
(b) advertising the supply of goods or services without intending to supply them;
(c) failing to deliver products or provide services to consumers after they have been charged for them, or
(d) charging or debiting financial, telephone or other accounts belonging to consumers without authorization.
3. Each Party shall adopt or maintain laws or regulations that:
(a) require, at the time of shipment, that the goods and services supplied are of acceptable and satisfactory quality, consistent with the supplier's representations as to the quality of the goods and services, and
(b) provide consumers with appropriate redress when they are not.
4. Each Party shall endeavour to adopt non-discriminatory practices in protecting users of electronic commerce from breaches of the protection of personal information occurring within its jurisdiction.
5. Each Party shall make publicly available and facilitate access to its consumer protection laws and regulations.
6. The Parties recognize the importance of improving knowledge of, and access to, policies and procedures related to consumer protection, including consumer redress mechanisms, including for consumers of one Party who transact with suppliers of another Party.
7. The Parties recognize the importance of cooperation between their respective consumer protection agencies or other competent bodies in activities related to cross-border electronic commerce in order to enhance consumer welfare.
8. The Parties recognize the importance of protecting consumers from misleading advertising and marketing of potentially unsafe products through electronic commerce.
9. The Parties shall adopt mechanisms of withdrawal in contracts concluded by electronic means, for the protection of consumers.
Article 7.8. Protection of Personal Information
1. The Parties recognise the benefits of protecting the personal information of users of electronic commerce and the contribution this makes to enhancing consumer confidence in electronic commerce.
2. Parties shall adopt or maintain laws, regulations, or administrative measures for the protection of personal information of users engaged in electronic commerce. The Parties shall take into consideration the general principles that exist in this area, as provided in Article 7.2.4(g).
3. The Parties recognize that the principles underpinning a robust legal framework for the protection of personal information should include at least the following fundamental data privacy principles:
(a) limitation of collection;
(b) data quality;
(c) purpose specification;
(d) limitation of use;
(e) security safeguards;
(f) transparency;
(g) individual participation, and
(h) accountability.
4. Each Party shall adopt non-discriminatory practices in protecting users of electronic commerce from breaches of the protection of personal information occurring within its jurisdiction.
5. Each Party should publish information on the protection of personal information it provides to users of electronic commerce, including how:
(a) individuals can exercise recourse, and
(b) companies can meet any legal requirement.
6. The Parties shall encourage the use of security mechanisms for the personal information of users, and its dissociation, in cases where such data is provided to third parties, in accordance with their respective legal systems.