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16 April 2025

Global Digital Trade Faces Growing Regulatory Challenges

Emerging economies struggle with restrictions while high-income nations promote enabling policies.

The expansion of digital trade has led to a proliferation of policies to regulate cross-border digital transactions. Some of these policies actively promote digital trade integration across countries, enhancing trust and regulatory interoperability. Others impose restrictive requirements shaped by economic, political, and security considerations, which hinder the seamless flow of digital services, data, and ICT goods across borders.

When it comes to understanding the global trends in digital trade regulations, the Digital Trade Integration (DTI) database is an essential tool as it contains enabling and restrictive measures affecting digital trade in 146 jurisdictions. The DTI database tracks key policies and practices expected to impact digital trade integration, defined as “a process aimed at promoting the cross-border flow of ICT goods, online services, and data, alongside investment in sectors relevant to digital trade, by removing regulatory restrictions and implementing enabling measures.” Understanding these trends is essential for policymakers seeking to balance economic growth, national security, and consumer protection while fostering a stable and open digital trade environment.

The DTI database shows that emerging economies exhibit higher levels of regulatory restrictions. This trend could be a reflection of the struggle for digital sovereignty and a reaction to power asymmetries in the tech world perceived as “digital colonialism.” The result is a fragmented and heterogeneous landscape for companies operating online, with negative effects on trade, innovation, and productivity.

While tariffs on ICT goods have generally declined due to international agreements like the Information Technology Agreement (ITA) of the World Trade Organization (WTO), the DTI database shows that non-tariff barriers such as import licensing and local certification requirements have increased, particularly in emerging economies. Similarly, an increasing number of countries have implemented content blocking, internet shutdowns, and licensing requirements for digital service providers, affecting cross-border e-commerce and online platforms.

Increasing restrictions are also recorded with regard to investment – especially in telecommunications and online media – with an increasing number of screenings driven by security concerns. Meanwhile, cross-border data flow restrictions have expanded rapidly, often justified on grounds of national security and data protection. Data is the lifeblood of digital trade, yet these restrictions throttle global commerce, inflating operational costs and crippling firms’ ability to harness cloud computing, artificial intelligence (AI), and big data analytics.

The trend toward restrictive data policies is most prominent in Asia, the Middle East, and certain parts of Africa, where governments have introduced laws requiring companies to store and process data within national borders. But this trend is not limited to these regions as geopolitical tensions are fueling similar policies worldwide. Even the United States, long a champion of free data flows, has begun selectively shutting its digital doors, restricting bulk transfers of sensitive personal and government-related data to six “countries of concern,” including China.

While restrictions on digital trade are increasing, many governments are also adopting policies that enable and facilitate digital commerce. The DTI database shows that high-income countries tend to implement on average more enabling policies for digital trade. This is largely driven by their established digital infrastructure, commitment to international agreements, and stronger consumer and data protection frameworks.

Enabling policies include measures that promote competition in the telecom market, establish clear legal frameworks for electronic transactions, and enhance consumer trust in online trade. Several new trade agreements, such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Digital Economy Partnership Agreement (DEPA) contain dedicated provisions on digital trade. These agreements facilitate cross-border e-commerce, ensure data flow protections, and promote regulatory coherence among participating nations.

Additionally, initiatives such as the WTO Joint Statement Initiative on E-Commerce are working toward common global standards for digital trade governance. By aligning domestic regulations with international commitments, countries can improve digital trade interoperability and foster a more integrated global digital economy.

Digital trade is increasingly shaping the global economy, yet regulatory approaches remain highly fragmented across countries, with rising heterogeneity fueled by geopolitical tensions. Policymakers now face a defining choice: pursue a path of fragmentation, where nationalistic policies and regulatory divergence create barriers to digital trade, or embrace cooperation, fostering an open and interoperable digital economy that benefits businesses and citizens alike.

The path of fragmentation is already taking shape. As countries impose restrictive data policies, mandate local processing, and prioritize digital sovereignty over global integration, the risk of a divided Internet – often referred to as the “splinternet” – grows. These measures may be justified on grounds of national security and data protection, but they also create compliance burdens, increase operational costs, and stifle innovation.

Left unchecked, this trend will lead to isolated digital markets, where businesses struggle to navigate conflicting regulations, and economic growth is constrained by digital borders. The consequences extend beyond commerce – fragmentation undermines cybersecurity cooperation, AI governance, and digital inclusion, weakening the resilience of the global digital ecosystem.

In contrast, the path of cooperation, while technically and politically challenging, can lead to a more “connected, safe, and integrated” economy. Achieving regulatory harmony does not mean abandoning national interests; rather, it requires policymakers to align domestic rules with international best practices while ensuring security, trust, and innovation.

Bilateral and multilateral agreements – such as CPTPP and DEPA – provide proven frameworks for reducing regulatory friction and enhancing digital trade efficiency. Countries that prioritize interoperability and data-sharing agreements will position themselves as leaders in the digital economy, attracting investment, boosting competitiveness, and ensuring that technological advancements benefit all.

The choice between fragmentation and cooperation is not an abstract debate – it is an urgent policy decision with real-world consequences. By fostering international collaboration, embracing evidence-based policymaking, and leveraging successful models like Singapore’s digital trade facilitation and the EU’s standardized data protection frameworks, governments can create a balanced digital trade environment. The question is clear: will policymakers build walls that isolate their economies, or will they construct bridges that drive shared digital prosperity?