New e-commerce agreement

Context

TL;DR

• The Federal Council launches the consultation on the ACE.
• The agreement brings together 67 WTO members.
• The consultation ends on 28 January 2027.
• The ACE prohibits tariffs on electronic transmissions.

Key facts

• Start: October 14, 2026
• Deadline: January 28, 2027
• Agreement: plurilateral agreement on electronic commerce
• Participants: 67 WTO members
• Coverage: approximately 70 percent of world trade
• Framework: shared international rules
• Swiss party: Switzerland
• Ministerial declaration: March 28, 2026

The federal timetable

On October 14, 2026, in Bern, the Federal Council launched the consultation procedure on the plurilateral agreement on electronic commerce, referred to by the acronym ACE. The consultation will remain open until January 28, 2027. Through the ACE, 67 WTO members establish a common regulatory framework for electronic commerce; according to the press release, the agreement also strengthens legal certainty for businesses.

The 67 members of the World Trade Organization covered by the agreement collectively represent approximately 70 percent of world trade. Participants include the European Union and its Member States, Australia, China, Japan, Canada, Singapore, the United Kingdom and Switzerland. Since the agreement is plurilateral, accession remains open to all WTO members.

The rules contained in the ACE

The press release presents the ACE as an instrument for facilitating cross-border digital trade in goods and services. The provision identified as central prohibits the application of customs duties to electronic transmissions. The agreement also promotes the recognition of electronic procedures and documents and the conduct of commercial transactions without paper-based support.

Provisions aimed at consolidating trust in digital trade include consumer protection, data protection and cybersecurity. The press release recalls that Switzerland participated in the negotiations from the outset and contributed to drafting the agreement. The country undertakes to promote modern rules for electronic commerce both bilaterally and within the EFTA framework. According to the communication, the ACE is consistent with the high standards pursued by Switzerland in its most recent trade agreements and takes Switzerland's interests into account, especially with regard to data protection.

The negotiations were substantively concluded in 2024. The Ministerial Declaration of March 28, 2026, provided for entry into force through an annex containing provisional provisions, while formal inclusion in the WTO legal framework remains a shared objective.

Operational details

The practical effect for Swiss companies

Greater predictability in digital operations

For the Swiss economy, the impact of the ACE described here lies in the predictability of cross-border digital operations. The statement refers to trade in goods and services, more reliable framework conditions, and greater legal certainty. These are the elements that matter to a Swiss company when it operates in cross-border digital trade with one of the parties to the agreement.

The provision on tariffs has a precise scope: the source refers to the prohibition on imposing customs duties on electronic transmissions. Alongside this rule, the text indicates recognition of electronic procedures and documents. The third element is the possibility of conducting commercial transactions without paper documentation. Taken together, these points outline an exchange model based on digital procedures recognized among the participants.

In terms of trust, the agreement links e-commerce to consumer protection, data protection, and cybersecurity. They are not presented as aspects separate from trade: the statement identifies them as provisions intended to strengthen trust in the digital sphere. For Switzerland, data protection is also mentioned among the interests taken into account in the agreement.

The competitive dimension

The statement attributes two specific outcomes for Switzerland to the ACE: preventing the country from being disadvantaged compared with the other contracting parties and improving competitive conditions for Swiss companies. The reference to the 67 members and to approximately 70 percent of world trade shows the international dimension of the regulatory framework.

The plurilateral structure keeps the agreement open to accession by all WTO members. This element broadens the scope envisaged by the text without turning it into an agreement limited to Switzerland or a single group of countries. The consultation now allows the dossier to be examined, while the objective, still shared by the participants, of formally including the ACE in the WTO legal framework remains separate.

Key points

How to follow the consultation

Four operational steps

Anyone following the e-commerce dossier can organize their reading of the Federal Council’s communication in four steps, without confusing the consultation timetable with the agreement’s process.

• Mark October 14, 2026 as the start date and January 28, 2027 as the consultation deadline.
• Identify the scope: cross-border digital trade in goods and services among the 67 WTO members.
• Examine the operational areas indicated by the ACE: electronic transmissions, electronic documents and procedures, paperless transactions.
• Keep the provisional regime and the objective of formal inclusion in the WTO legal framework distinct.

The dossier unfolds over three time stages. The negotiations were substantively concluded in 2024. At the WTO’s 14th Ordinary Ministerial Conference, on March 28, 2026, 67 members issued a ministerial declaration in which they agreed to bring the ACE into force through an annex containing provisional provisions. Finally, on October 14, 2026, the Federal Council launched the consultation procedure.

For a Swiss company, the internal review can follow the same order. First, consider whether the activity falls within cross-border digital trade in goods and services. Then isolate operations based on electronic transmissions and examine the recognition of electronic documents and procedures. Finally, assess references to consumer protection, data protection and cybersecurity.

The Swiss position should be read together with the country’s participation in the negotiations and its commitment, also within the EFTA framework, to modern rules on e-commerce. For those who need to set a single deadline, the one indicated by the Federal Council is January 28, 2027.

Source: seco.admin.ch