E-Commerce Legal and Regulatory Framework for Data Governance in Developing Countries ( Nigeria Customs Service)

6 Dec 2023 15:00h - 16:30h UTC

official event page

Table of contents

Disclaimer: This is not an official record of the UNCTAD eWeek session. The DiploAI system automatically generates these resources from the audiovisual recording. Resources are presented in their original format, as provided by the AI (e.g. including any spelling mistakes). The accuracy of these resources cannot be guaranteed. The official record of the session can be found on the UNCTAD website.

Full session report

Speaker Ms. Tendi

The speakers in the analysis discussed the importance of having standards at a higher macro level to facilitate and enforce cross-border flows of data. They highlighted that many developing countries adopt a protectionist stance on data localization, which conflicts with cross-border flows. This protectionist approach is driven by the desire to ensure data sovereignty and safeguard sensitive information. However, such restrictions on data localization can hinder the free movement of data across borders, which is crucial for international collaborations and economic growth.

The speakers emphasized that higher-level standards, such as the General Data Protection Regulation (GDPR), play a significant role in facilitating cross-border flows of data. The GDPR, enacted by the European Union, includes an adequacy test that determines if a country’s data protection laws are equivalent to those within the EU. Meeting this adequacy test enables the free flow of data between the EU and the country in question. Implementing adequacy protections ensures a high level of data protection and facilitates cross-border data transfers regionally and internationally, promoting seamless data exchange and cooperation.

However, concerns were raised about the involvement of numerous bodies in creating these standards. The saturation of multiple bodies could lead to non-uniform standards, resulting in complexity and confusion for businesses and individuals alike. The speakers emphasized the need for uniformity and consistency in data governance standards to prevent conflicting requirements and ensure smooth cross-border flows.

To address these concerns, the speakers suggested that controls such as adequacy protections on a macro level would be beneficial, especially for developing countries. Establishing a clear and comprehensive framework for data transfer adequacy evaluations would enforce cross-border flows and provide a level playing field for all parties involved. This approach would also address fears of non-uniform standards by providing a single set of criteria for all entities to meet.

Overall, the analysis underscores the significance of higher macro-level standards in promoting and facilitating cross-border data flows. While protectionist tendencies and the involvement of multiple bodies pose challenges, implementing adequate protections and uniform standards can resolve these issues. These efforts are essential for achieving international collaborations, driving innovation, economic growth, and making progress towards the Sustainable Development Goals.

Javier Pedro Garcia Blanch Menarguez

The Universal Postal Union (UPU), a specialized agency of the United Nations, plays a pivotal role in promoting international cooperation in the postal sector. It serves as a platform for its 192 member countries to establish rules and standards for international postal exchanges. The UPU not only outlines regulations for postal services but also offers technical assistance to member countries to enhance their capabilities in this domain. In 2021, the UPU introduced electronic advance data regulations to ensure secure data exchange. This move demonstrates the UPU’s commitment to safeguarding data privacy and security in the digital age.

One of the key contributions of the UPU is its involvement in sustaining international postal services and facilitating the secure exchange of information, including personal data. The UPU has adopted a global framework of rules for these exchanges, ensuring that data is protected. Furthermore, the UPU Convention incorporates provisions for personal data protection, reinforcing its commitment to safeguarding individuals’ privacy.

In addition to the UPU’s efforts, regional entities such as the European Union (EU) and national legislation also play a crucial role in data protection and governance. The EU General Data Protection Regulation (GDPR) was developed specifically for the 27 member countries of the European Union. This regional body distinguishes between the EU and the European Commission, which is important when discussing data protection regulations.

It is essential to recognize the significance of national legislation in addressing data protection and governance. While regional and international frameworks provide guidelines, national legislation should take priority to ensure that data privacy and security are upheld within each country’s specific context.

Developing frameworks to ensure the smooth flow of data is of paramount importance in the digital era. Misuse or mishandling of data can lead to issues such as identity theft. Additionally, data flow is closely tied to the flow of physical items, which directly impact trade. Therefore, it is crucial to establish robust frameworks that support the secure and efficient exchange of data.

Implementing data management and governance principles is vital for businesses and citizens to thrive in the digital world. These principles must be carefully designed and implemented to ensure mutual recognition and competitiveness on a global scale. Involvement of regional entities is particularly important in establishing these frameworks.

In conclusion, the Universal Postal Union (UPU), alongside regional entities and national legislation, plays a pivotal role in promoting data protection and governance. Its standards and regulations contribute to sustaining international postal services and ensuring the secure exchange of information, including personal data. Creating frameworks for smooth data flow is crucial for facilitating trade and preventing data misuse. Implementing data management and governance principles is necessary for global recognition and competitiveness in the digital world.

Ruhi Suttarwala

The analysis underscores the importance of implementing data governance policies in the private sector, as it is essential for businesses to gain trust and establish guidelines. However, the implementation process requires effort and training. To simplify this process, it is crucial for the government to provide adequate time and training support.

Furthermore, the analysis emphasizes the significance of raising awareness and providing education among users regarding data governance policies. Users often simply agree to terms and conditions without fully understanding them. Therefore, proper education is crucial to eliminate fear and ensure understanding when sharing data on e-commerce sites.

Additionally, the analysis discusses the importance of striking a balance between privacy and innovation. It highlights that data shared with companies like Facebook and Google have been used for product creation. It is crucial not to hinder innovation with privacy governance, and finding the right balance is vital.

Moreover, the analysis suggests that compliance with international regulations, such as the GDPR, opens up global trading opportunities for developing nations. Data compliance allows developing countries to align themselves with nations that have GDPR regulations, facilitating trade opportunities worldwide.

In conclusion, the analysis stresses the need to implement data governance policies in the private sector, which requires effort, training, and government support. Raising awareness and providing education to users is essential, as is striking a balance between privacy and innovation. Compliance with international regulations offers global trading opportunities for developing nations.

Amicaeli Ndula

Quality data is essential for regulatory agencies to effectively carry out their responsibilities. These agencies rely on data to ensure that e-commerce businesses comply with relevant laws and regulations, promoting a fair and secure online marketplace. Data is crucial for collecting customs duties and taxes accurately, facilitating smooth trade operations. It is also indispensable for ensuring safety measures and detecting cybersecurity threats, protecting businesses and consumers. Timely access to data allows for the smooth operation of trade, promoting economic growth. However, rules and regulations must be established to protect the safety and integrity of the data shared with regulatory agencies, ensuring responsible data handling. Overall, data plays a significant role in regulatory oversight and is vital for effective regulatory practices.

Steven Pope

DHL Express heavily relies on data in its daily operations. With 600,000 employees and over 3 million customers, DHL operates in 220 countries, requiring efficient data management practices. The accuracy and security of data are of paramount importance to DHL. They treat data security seriously, ensuring that the data they possess is used for the right reasons and with strict controls on sharing and purpose of use.

Standardisation of data across the entire supply chain is seen as a major advantage by DHL. The International Chamber of Commerce (ICC) is working on a Joint Standard Initiative for standardising data, which would benefit all involved parties, including buyers, sellers, customs, integrators, and freight forwarders. This standardisation would streamline processes, reduce errors, and improve efficiency in international trade.

However, DHL also recognises the need for strict controls on data sharing. They are critical of data sharing and ensure that data is shared only with the right entities and for the intended purposes. DHL acknowledges concerns over the misuse of shared data and actively implements measures to safeguard against this.

Public-private dialogue is crucial in data sharing between shipping companies and customs. The express industry is represented by the Global Express Association and other bodies, emphasising the importance of collaboration and communication between the public and private sectors.

Express industries possess all the necessary data for customs. They have in-depth information on their packages, unlike containers or trucks where details could be fragmented. This comprehensive data enables efficient customs operations and trade facilitation.

The importance of clarity on data requirements and usage is highlighted by DHL. Clear communication and understanding of what data is required, when it is needed, and for what purpose is essential for smooth operations and effective decision-making.

Challenges related to data governance can be registered as commitments under the Trade Facilitation Agreement. DHL suggests informing the World Trade Organisation (WTO) or seeking assistance from agencies such as USAID or GIZ when facing challenges in data governance. Customs administrations can also help each other out with data governance, fostering collaboration and partnership.

Experts support the idea of seeking outside help for data governance challenges, particularly in developing countries. Organisations should be specific about their needs in order to receive better assistance. Collaboration with experts can provide valuable insights and support in overcoming data governance hurdles.

Understanding and interpreting data can be a challenge, particularly in the context of smuggling. Smugglers may intentionally use spelling mistakes in addresses as clues to deceive authorities. This highlights the need for vigilant data analysis and the development of effective techniques for detecting and preventing illicit activities.

A noteworthy observation is the potential loss of important information when changing data. Correcting spelling mistakes, for example, may inadvertently remove critical information that can be used to detect fraudulent activities. It is essential to strike a balance between modifying data for accuracy and preserving valuable insights within the dataset.

In conclusion, DHL Express heavily relies on data in its operations and emphasises the importance of accuracy, security, and standardisation. Strict controls on data sharing and purpose of use are necessary to prevent misuse. Public-private dialogue plays a crucial role in data sharing, while clear communication of data requirements and usage is essential for efficient operations. Challenges in data governance can be addressed through collaborative efforts and seeking assistance from experts. Understanding and interpreting data poses challenges, particularly in the context of smuggling. The careful modification of data is necessary to preserve critical information.

Onyinye Obieze

The analysis provides a comprehensive overview of various aspects related to data management, data governance, data harmonisation in customs, and data privacy in trade.

Data management involves the overall handling of data within an organisation, which includes tasks such as storage, security, protection, and retrieval. It encompasses the day-to-day operationalisation of data. On the other hand, data governance is concerned with establishing a regulatory framework and guidelines for managing data. This includes aspects such as data harmonisation, stewardship, metadata usage, traceability, and directory. The two concepts are closely related but have distinct focuses.

In the context of customs, data harmonisation plays a crucial role in facilitating effective communication and interface between customs and various other entities. The World Customs Organisation (WCO) has provided a standardised data model to enable different customs administrations to interface with each other. Additionally, the WCO and its partners have developed a Customs Declaration System (CDS) to streamline customs administrations at the national level. In the case of e-commerce, postal authorities integrate with the system to streamline data fields. This standardisation and harmonisation of data support the goals of partnership and collaboration (SDG 17).

Standardisation in data formats and the reduction of redundancies also have significant benefits in enhancing communication between various agencies, such as customs, police, and transport regulatory authorities. It aids in effective risk management by streamlining procedures at the regional level. Having consistent data types and formats facilitates the smooth operation of customs and other regulatory authorities. This observation aligns with the objectives of SDG 16 (Peace, Justice, and Strong Institutions) and SDG 9 (Industry, Innovation, and Infrastructure).

Regarding data privacy in trade, it is not only limited to personal data but primarily includes personal data used for processing trade propositions and other related matters. This suggests that the concept of data privacy in trade extends beyond the protection of personal information.

In conclusion, the analysis highlights the importance of data management and governance in organisations, the significance of data harmonisation for customs and other entities, the benefits of standardisation in data formats for effective communication and risk management, and the broader scope of data privacy in the context of trade. These insights emphasise the need for organisations and policy-makers to develop robust strategies and frameworks to ensure effective data handling, harmonisation, and privacy protection in various sectors, including customs and trade.

Audience

During the discussion, several speakers touched upon different aspects of data governance and its implications in various sectors. One important topic that arose was the need for fair compensation for data analysts in the e-commerce industry. It was noted that data analysts in this field might be tempted to sell data if they are not adequately compensated. This argument emphasizes the importance of providing competitive salaries to ensure that data analysts are not driven to misuse valuable data.

Another significant point raised was the potential benefits of employing data analysts in agencies like the UP (United Nations Postal Union) to boost e-commerce. Although no specific supporting facts were mentioned, it can be inferred that having data experts within specialized agencies can contribute to the development and enhancement of e-commerce initiatives.

The discussion also shed light on the critical issue of data quality, accuracy, and integrity in a business-to-government (B2G) or business-to-business (B2B) context. Alex, who works with the United Nations Commission on International Trade Law, expressed curiosity regarding whether these issues should be addressed in either the B2G or B2B arena. This reflects the growing concern over maintaining high standards of data management and governance, specifically in relation to quality, accuracy, and integrity.

Furthermore, the challenge faced by startups in accessing real data from larger, more established companies due to competitive dynamics was highlighted. The competitive nature of business often leads to the unavailability of real data, with trend data being commonly made accessible instead. However, it was argued that startups should have access to accurate data in order to stay competitive and innovative. This implies that providing startups with access to real data can greatly impact their success in the market.

The discussion also touched upon the topic of accessing data from private companies for policy making. It was mentioned that aggregate data plays a significant role in the business models of private entities, and the UPU (United Postal Union) has some data governance policies and sharing agreements. This signifies the potential for collaboration between public and private sectors to leverage data for effective policy making.

However, the willingness of private companies to share data with the government, along with the potential issues related to trade secrets, needs to be thoroughly considered. It was acknowledged that data sharing between private companies and the government can potentially affect companies’ trade secrets.

Notably, the negative implications of data misuse, such as racial profiling and discrimination, were also addressed. The speakers acknowledged that data can be used for negative purposes, emphasizing the need for international regulation to protect against such misuse.

Lastly, in the context of the African Continental Free Trade Area, the importance of inter-system operability and mutual recognition in terms of data governance was discussed. Darago Rachid, the director of e-commerce promotion in Togo, highlighted the significance of these aspects in the ongoing negotiations on the digital-trade protocol within this area.

In conclusion, the discussion on data governance covered various crucial aspects, including fair compensation for data analysts in e-commerce, the role of data analysts in specialized agencies, the importance of addressing data quality and integrity within the B2G and B2B context, the challenge faced by startups in accessing real data, the opportunities and challenges of accessing private company data for policy making, the need for international regulation to prevent data misuse, and the focus on inter-system operability and mutual recognition in data governance within the African Continental Free Trade Area. These insights highlight the complex and multifaceted nature of data governance and the need for proactive consideration of various factors to ensure fair, responsible, and effective use of data in different sectors.

Ingrid Aringaniza

Startups face significant challenges when it comes to sharing data with regulatory agencies, and the main concerns revolve around privacy and security. This issue is particularly pressing because if startups fail to guarantee data protection, it can have a detrimental impact on customer trust. Given that startups heavily rely on market success and the need to establish a strong customer base, any doubts or uncertainties about the privacy and security of their data could result in a loss of trust and credibility.

On the other hand, the accessibility and quality of data from regulatory agencies are of utmost importance for startups. Startups require access to data for conducting research and making strategic decisions. However, in certain conditions, such as in developing countries, gaining access to high-quality data from regulatory agencies can be challenging. This limitation can create an imbalance and hinder the growth and development of startups, as data plays a crucial role in their decision-making processes.

It is argued that regulatory data sharing should be a two-way partnership that benefits all parties involved. Startups should not only share their data with regulatory agencies but also be able to access the data for their own growth and development. By having access to the data they share, startups can gain valuable insights that can contribute to their success. Furthermore, the data shared by startups can also have a positive impact on economies, as it can support economic growth and prosperity, which, in turn, benefits startups.

In conclusion, startups face challenges when it comes to sharing data with regulatory agencies, particularly in terms of privacy and security. However, the accessibility and quality of data from regulatory agencies are crucial for startups. A two-way partnership that allows startups to access the data they share can promote their growth and also benefit economies as a whole. It is important to address these challenges and foster an environment where startups and regulatory agencies can collaborate effectively to ensure mutual benefits and support sustainable development.

Kevin Atkinson

The issue of data storage is considered critical and challenging, mainly due to the exponential difficulty in storing data. It is becoming increasingly challenging for agencies to manage the costs and capacity required for storing data effectively. This poses a significant hurdle for organizations that rely heavily on data storage for their operations.

On the other hand, customs organizations seem to be ahead when it comes to data governance, especially in comparison to other regulatory authorities. These organizations are primarily focused on facilitating legitimate trade and have made significant strides towards ensuring efficient data governance practices.

One notable challenge faced by agencies is their struggle to understand what specific data they require. As a result, they often resort to requesting access to all available data. This lack of clarity and understanding regarding their needs further complicates the issue of data storage and management.

Efficient data governance is identified as a potential solution to various problems related to data storage and handling. By implementing effective data governance practices, agencies can streamline their data management processes and improve overall efficiency.

Government and regulatory agencies need to keep pace with the ever-evolving landscape of data governance, particularly in terms of adapting to mobile money and e-commerce data systems. These agencies are currently lagging behind in embracing agile data governance systems, which are essential for effectively managing the rapidly developing digital economy.

Furthermore, it is recommended that private sector involvement in Trade Facilitation Committees be increased to gain a better understanding of governance needs. Companies like DHL, which have high data governance standards, can provide valuable insights and expertise to guide the decision-making processes of these committees. Currently, the lack of sufficient private sector involvement in National Trade Facilitation Committees is a significant gap that needs to be addressed.

The increasing complexity of IT requirements in trade is a growing concern. Various white papers and recommendations are being produced to develop a secure pipeline for data transmission. Regulatory authorities are pushing for digital ID standards, digital product passports, and other IT aspects to enhance transparency at scale. However, the emergence of these digital aspects might pose challenges for small traders or startups, as it becomes increasingly complex to navigate the IT requirements while ensuring compliance.

It is observed that the focus on standardization and harmonization in data governance is overshadowing the need for simplification. The increasing IT requirements in trade are resulting in simplification becoming a more intricate process. The introduction of digital ID standards and digital product passports may add to the complexity, especially for smaller traders or startups. Striking a balance between standardization, harmonization, and simplification is crucial to ensure a robust and efficient data governance system.

In conclusion, data storage is an intricate and critical issue faced by agencies globally, mainly due to the increasing challenges associated with capacity and costs. Customs organizations are leading the way in terms of data governance practices, while other regulatory authorities need to catch up. Efficient data governance, government and regulatory agencies’ adoption of agile data governance systems, and increased private sector involvement in Trade Facilitation Committees are all crucial factors in addressing the challenges of data storage and improving data management practices. Moreover, balancing standardization, harmonization, and simplification is crucial to ensure the efficiency and effectiveness of data governance systems in the rapidly evolving digital landscape.

David Anikoh

In the discussion, data quality and accessibility are highlighted as key concerns. It is acknowledged that data needs to be quality assured and accessible in order to effectively leverage its potential. The relationship between regulatory institutions and businesses, particularly startups, in terms of data sharing is also explored.

One speaker in the discussion supports data sharing between regulatory institutions and businesses, emphasizing the value it can bring and the mutual benefits that can be derived from it. They believe that startups and businesses should be able to access and make use of data from regulatory institutions. This viewpoint underlines the importance of collaboration and the potential for innovation and growth that can arise from such partnerships. The sentiment towards data sharing in this context is positive.

Data governance is another key aspect discussed in the conversation. It is argued that a clear framework is necessary to control data misuse and to establish limits on data use. The importance of having guidelines regarding the retention and use of data by organizations is emphasized. This viewpoint asserts that data governance is vital to ensure responsible and ethical usage of data. The sentiment towards data governance is positive, with the call for a framework to be established.

Another speaker highlights the need for accountability for the misuse of data. They argue that there should be an organization responsible for handling cases of data misuse, and there should be clear rules about the extent of data usage. This perspective underscores the significance of ensuring that data is used in a responsible and regulated manner. The sentiment towards accountability and established rules regarding data usage is positive.

The lack of data governance policies in many developing countries in Africa is also mentioned in the discussion. It is noted that several African countries lack any form of data governance policies. This observation highlights the need for these countries to enforce and adapt data governance policies in order to protect data and harness its potential. The sentiment towards this issue is negative, as it points out the existing gap in data governance practices.

Overall, the sentiment towards data quality, accessibility, and governance in the discussion is mostly positive, with some neutral and negative aspects highlighted. It is worth noting that the discussion pertains to SDG 17: Partnerships for the Goals, which emphasizes the importance of collaboration and partnerships to achieve sustainable development. Additionally, it aligns with SDG 9: Industry, Innovation and Infrastructure, which underscores the significance of fostering innovation and building robust infrastructure for sustainable development.

Mohammed Benkhaled

The analysis highlights the importance of data governance frameworks at regional and national levels. It argues for the necessity of building such frameworks within each organization, emphasizing the need for addressing the interaction between the public and private sectors. The analysis also explores the idea of an international legal framework for data governance, questioning whether bodies like the UN, CETA, and OECD should pursue its establishment as a minimum standard for developing regions implementing data governance approaches for e-commerce.

Data governance is seen as a fundamental aspect of digital transformation in all organizations, with the General Data Protection Regulation (GDPR) serving as an example of a small piece of data governance. Additionally, the analysis highlights the need for developing countries to manage data on a macro, regional, and international level. It discusses the adequacy test provided by GDPR, which facilitates cross-border flows on a regional or international level, and suggests that developing countries could benefit from uniform standards. However, achieving this may be challenging due to the presence of multiple bodies, thus necessitating adequacy protections on a macro level.

Effective communication between entities is emphasized through the importance of data harmonization. The analysis stresses that organizations should have a common language to harmonize data when interacting with one another.

Overall, the analysis underscores the need for data governance frameworks, both internally and on a larger scale. It explores the potential for an international legal framework, advocates for the significance of data governance in digital transformation, and considers the challenges faced by developing countries in managing data. Additionally, it highlights the importance of data harmonization for effective communication between entities.

Jaoquin Gonzalez

The absence of a data governance framework presents significant risks for businesses operating in the e-commerce supply chain. It is crucial to identify, develop, and structure effective governance practices to mitigate these risks. This includes understanding where and how data is structured within the organization and implementing measures to protect accessed data from potential threats.

Data integrity and accuracy are critical for e-commerce operations. Data must be regularly updated, consistent, coherent, and trustworthy. High-quality data enables standardization and improvement of new data, forming the basis for corporate initiatives and systems in the e-commerce sector.

Startups in the e-commerce industry should adopt data structure standards and incorporate technology to ensure growth and success. Understanding the World Customs Organization (WCO) data model version 4 or the cargo XML, ADFAC, UNCFAC, and EDI standards is crucial. While the government provides connection availability, the private sector must actively contribute to adopting these standards.

Supporting data governance with treaties promotes peace, justice, and strong institutions. The Global Data Alliance recommends treaties to support data governance, highlighting the importance of international cooperation. The USMCA in Latin America covers core principles and data coverage, emphasizing the role of legal frameworks in governing data usage and protection.

Laws and treaties apply to all entities storing or holding data, ensuring appropriate regulations govern data access and usage. Regulatory agencies play a crucial role in enforcing data governance measures, such as the single window system.

To prevent unauthorized disclosure, stakeholders with access to sensitive information must sign non-disclosure agreements (NDAs). This secures data and prevents misuse in the underground market.

Data access and analysis vary, making it important to consider both when deriving insights. Data governance applies to everyone in the e-commerce supply chain and requires establishing practices, ensuring integrity and accuracy, adopting standards and technology, supporting governance with treaties, enforcing regulations, maintaining data security, and effective data access and analysis.

In conclusion, data governance is vital for businesses in the e-commerce supply chain. It involves multiple aspects, including governance practices, data integrity, standards adoption, treaty support, regulatory enforcement, security measures, and effective access and analysis. Achieving peace, justice, and strong institutions in the e-commerce industry relies on effective data governance.

AN

Amicaeli Ndula

Speech speed

175 words per minute

Speech length

451 words

Speech time

154 secs

A

Audience

Speech speed

160 words per minute

Speech length

1421 words

Speech time

533 secs

DA

David Anikoh

Speech speed

167 words per minute

Speech length

1267 words

Speech time

456 secs

IA

Ingrid Aringaniza

Speech speed

190 words per minute

Speech length

395 words

Speech time

124 secs

JG

Jaoquin Gonzalez

Speech speed

104 words per minute

Speech length

585 words

Speech time

336 secs

JP

Javier Pedro Garcia Blanch Menarguez

Speech speed

165 words per minute

Speech length

2262 words

Speech time

824 secs

KA

Kevin Atkinson

Speech speed

183 words per minute

Speech length

1456 words

Speech time

477 secs

MB

Mohammed Benkhaled

Speech speed

167 words per minute

Speech length

1834 words

Speech time

660 secs

OO

Onyinye Obieze

Speech speed

160 words per minute

Speech length

755 words

Speech time

284 secs

RS

Ruhi Suttarwala

Speech speed

199 words per minute

Speech length

1067 words

Speech time

322 secs

SM

Speaker Ms. Tendi

Speech speed

176 words per minute

Speech length

270 words

Speech time

92 secs

SP

Steven Pope

Speech speed

181 words per minute

Speech length

2361 words

Speech time

781 secs