I. Which agreements are included in the DEAL depository?
The DEAL depository includes 23 agreements, namely:
II. On what basis were these agreements selected?
The selection of the covered agreements is based on having substantive commitments on e-commerce/digital trade and their relevance for ASEAN countries.
III. Which indicators are included in the DEAL depository?
The DEAL depository encompasses 38 indicators covering a wide range of digital trade/ e-commerce provisions found in Free Trade Agreements (FTAs) and Digital Economy Agreements (DEAs). Our starting point are the substantive provisions found in the Digital Economy Partnership Agreement (DEPA). These indicators include:
IV. How are indicators organised in the DEAL depository?
The DEAL depository includes 11 policy clusters, each associated with corresponding indicators. These clusters and indicators are organised as follows:
1. Business and Trade Facilitation:
2. Business Trust:
3. Data Issues
4. Digital Identities
5. Emerging Trends and Technologies
6. Innovation and the Digital Economy
7. Small and Medium Enterprises
8. Treatment of Digital Products and Related Issues
9. Trust in Digital Trade
10. Digital Inclusion
11. Exceptions
V. How many agreements can the user compare?
Users can conduct simultaneous text comparison for up to three agreements. This allows for the analysis of selected indicators across multiple agreements. Users can also input their own text and compare it with selected indicators. In this case, the maximum of agreements available for comparison is two. The user should know that none of the data inputted freely in the system is stored in the cloud.
VI. What does the colour code used for each entry mean?
The colour code used for each entry categorises commitments into green, yellow, and red.
Green commitments, known as "hard" commitments, impose obligations on a Party to adhere strictly to specified provisions or principles, irrespective of whether these obligations are subject to dispute settlement mechanisms.
Yellow commitments, or "soft" commitments, do not entail enforceability by another Party. This category includes cooperation provisions, which are inherently considered soft commitments.
Finally, red signifies that no specific commitments are made under the agreement. These distinctions help clarify the nature and enforceability of obligations within international frameworks, providing clarity for signatory parties and stakeholders alike.
VII. What do the colours used in the detailed text comparison tool mean?
In text comparison, the colour-coded system offers nuanced insights into textual discrepancies and similarities across agreements.
White denotes text that aligns precisely between agreements, meaning that the selected text is identical. Green signifies that text additions found in one agreement are absent in another. This highlights areas of divergence or supplementary provisions. Crossed-out text indicates that sections present in one agreement are missing in another. This allows users to identify areas where agreements differ.
VIII. Is it possible to compare agreements by examining the official texts?
Yes, the official texts of all agreements in the DEAL depository are available in the "full text" section of the menu bar.
IX. Is it possible to download the results, and in which format?
Yes, it is possible to download the results in Excel regarding the comparison of indicators across agreements. Moreover, the user can download detailed text comparisons in Word format.
X. What is the TAPED dataset?
The DEAL Depository is supported by the TAPED (Trade Agreement Provisions on Electronic-commerce and Data) dataset, hosted by the University of Lucerne (Switzerland). TAPED seeks to trace developments in the area of digital trade governance comprehensively. It covers more than 465 PTAs concluded since 2000. A total of 130 different items were coded, including provisions on digital trade, intellectual property, key services sectors, government procurement, trade in goods, as well as general and specific exceptions and new cross-cutting data economy issues.
For more, see:
https://www.unilu.ch/en/faculties/faculty-of-law/professorships/burri-mira/research/taped/
XI. What is the DTI database?
The Digital Trade Integration (DTI) database is one of the outputs of the DTI project, which is designed to support research and policy development on digital trade regulations globally. The DTI open-access database contains detailed information on digital trade regulations across 150 economies. Featuring country-specific data, interactive visualisations, and policy analysis tools, it enables users to compare policies across countries and regions. By continually expanding its coverage, the database strives to become a global reference point for understanding regulatory trends on digital trade integration. For more information on domestic regulation and its impact, visit the DTI webpage.
XII. How is the DTI database connected to the DEAL Depository’s "domestic regulations" data?
The DTI database maps regulatory restrictions on ICT goods, online services, data, and investment, alongside enabling policies that contribute to a conducive environment for digital trade. It is structured around 12 pillars and comprises 65 indicators.
To support the “Domestic Regulations” tool within the DEAL Depository, 11 of these indicators—from Pillar 4 (Intellectual Property Rights), Pillar 6 (Cross-Border Data Policies), Pillar 7 (Domestic Data Policies), Pillar 11 (Technical Standards for ICT Goods and Online Services), and Pillar 12 (Online Sales and Transactions)—have been selected and aligned with both the TAPED database classification and corresponding DEAL indicators, as outlined below:
DEAL Indicator | DTI Indicator |
---|---|
Source Code | DTI Ind. 4.8: Mandatory disclosure of business trade secrets such as algorithms or source code |
Cross-Border Transfer of Information by Electronic Means | DTI Ind. 6.1: Ban on transfer and local processing requirement DTI Ind. 6.2: Local storage requirement DTI Ind. 6.3: Infrastructure requirement DTI Ind. 6.4: Conditional flow regime |
Location of Computing Facilities | DTI Ind. 6.1: Ban on transfer and local processing requirement DTI Ind. 6.2: Local storage requirement DTI Ind. 6.3: Infrastructure requirement DTI Ind. 6.4: Conditional flow regime |
Personal Information Protection | DTI Ind. 7.1: Framework for data protection |
ICT Products that Use Cryptography | DTI Ind. 11.1: Restrictions on encryption standards |
Online Consumer Protection | DTI Ind. 12.8: Framework for consumer protection applicable to online commerce |
Electronic Transaction Framework | DTI Ind. 12.10: Adoption of UNCITRAL Model Law on Electronic Commerce |
Electronic Contracts | DTI Ind. 12.9: Ratification of the UN Convention on the Use of Electronic Communications in International Contracts |
Electronic Authentication and Electronic Signatures | DTI Ind. 12.11: Adoption of UNCITRAL Model Law on Electronic Signatures |
When exploring the “Domestic Regulations” tool in the DEAL Depository, you can click on the “i” boxes to view the description of each DTI indicator aligned with the corresponding DEAL indicator presented in the results. For more information on the DTI pillars and indicators, please consult the DTI technical notes or visit the DTI webpage.
XIII. Who can the user contact to report a bug?
To report a bug, please contact Tomas Rogaler directly at tomas.rogaler@eui.eu. He is the designated point of contact for addressing any technical issues or bugs you encounter while using the DEAL depository.