On 14 October 2026, the Federal Council opened the consultation procedure on the World Trade Organization (WTO) plurilateral agreement on electronic commerce, known by its English acronym ECA (E-Commerce Agreement). The text establishes a common regulatory framework for digital trade among 67 WTO members. The consultation runs until 28 January 2027, according to the press release published by the State Secretariat for Economic Affairs (SECO).

This announcement should be read for what it is: the launch of a consultation, not a final decision on Switzerland's participation. The Federal Council is submitting the text to the parties concerned for their opinion; the next steps are still to come.

What the agreement covers

According to SECO, the ECA aims to facilitate cross-border digital trade in goods and services and to provide a more reliable regulatory framework. The provision presented as central is the prohibition of customs duties on electronic transmissions.

The agreement also encourages the recognition of electronic procedures and documents, as well as paperless trade. It further includes provisions on consumer protection, data protection and cybersecurity, intended to strengthen trust in online commerce.

The press release confines itself to these broad outlines. It details neither the exact scope of each rule nor any possible exceptions: to gauge what each provision entails, the text of the agreement itself will be authoritative.

67 members, around 70% of world trade

The 67 WTO members participating in the ECA account, according to the Swiss Confederation, for around 70% of world trade. They include the European Union and its member states, as well as Australia, Canada, China, Japan, Singapore, the United Kingdom and Switzerland.

As it is a plurilateral agreement, it does not bind all WTO members, but only those that participate in it. It remains open to accession by all other members of the organisation.

What this changes for Swiss companies

Switzerland took part in the negotiations from the outset and says it helped shape the agreement. It advocates modern rules on digital trade, both bilaterally and within the European Free Trade Association (EFTA). According to SECO, "the ECA meets the high standards that Switzerland already pursues in its recent trade agreements". The text also reportedly takes Swiss interests into account, particularly in the area of data protection.

For a company that sells online across borders, the elements highlighted by the Confederation are above all greater legal certainty and common rules with a large share of trading partners. The prohibition of customs duties on electronic transmissions and the recognition of electronic documents directly affect digital trade. SECO considers that Switzerland's participation allows it to remain on an equal footing with the other parties to the agreement and improves competitive conditions for Swiss companies.

However, the press release does not quantify these effects and does not specify what adjustments to Swiss law, if any, would be necessary.

An agreement applied outside the formal WTO framework

The ECA's history also sheds light on its particular legal nature. The substantive negotiations were concluded within the WTO in 2024. However, opposition from some members prevented the agreement from being incorporated into the WTO Agreement.

The 67 participating members therefore adopted a ministerial declaration on 28 March 2026, at the 14th regular WTO Ministerial Conference. In it, they agree to bring the ECA into force together with an annex on interim arrangements. According to SECO, the formal integration of the agreement into the WTO legal framework remains the members' common objective.

The next steps

The consultation runs until 28 January 2027. SECO's press release does not detail the rest of the procedure beyond this deadline, nor any timetable for a possible ratification by Switzerland. At this stage, the agreement is therefore subject to the assessment of the parties consulted, and its concrete scope for companies will depend on the follow-up given to this procedure.

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