The Fourth Myanmar Digital Rights Forum took place on 28/29 February 2020 at Rose Garden Hotel, Yangon attended by over 350 participants, including senior government officials, MPs, civil society organisations, media, businesses and international human rights and digital rights experts and academics. Read more: https://www.myanmar-responsiblebusiness.org/news/digital-rights-forum-2020.html

1. The Republic of the Union of Myanmar
Myanmar’s initiatives to adopt e-Commerce Legislation
Nwe Ni Soe Yin
Director
E-Government Department
Ministry of Transport and Communications
29-2-2020

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• The Government of Myanmar is assembling the National
Sustainable Development Plan to enhance economic
development, to raise the living standard of Myanmar
people and to embrace 4th Industrial Revolution”.
• With the increased internet connectivity, smart phone
penetration, new electronic payment options have been
growing rapidly.
• The development of e-Government and e-Commerce is
becoming more visible in the recent years.
At Present

3. 3
Digital
Economy
enhance e-Government and e-Commerce
initiatives
create trust and confidence environment
in the use of digital services
facilitate the e-Commerce cross border
transactions
provide more better services to general
public
The Government of Myanmar is endeavoring to….

4. Digital Initiatives (e-Commerce )
The 12-Point Economic Policy (2016)
• the privatization of some state-owned enterprises,
• the development of ICT infrastructure,
• the establishment of Digital Government Strategy and an
e-Government System.
The Digital Economy Development Committee (2017)
• with the objective of performing the tasks of this economic
policy to achieve the successful emergence of Digital
Transformation, Digital Trade and Digital Economy.
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5. Digital Initiatives (e-Government )
Myanmar e-Governance Master Plan (2016 -2021)
- to implement e-Government system successfully along with the
comprehensive strategies and policies, framework and structure.
e-Government Steering Committee (2018)
- the leadership of State Counsellor and Vice President
- for successful implementation of e-Governance Master Plan.
- one working committee and eight sub committees
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6. Emerging challenges to boost readiness of the
country towards 4IR
• IT infrastructure
• The legal instructions
• Strategic approach
• Supporting programs for promotion of IT skilled professionals
• Readiness of digital literacy
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7. Barrier for e-Commerce growth
e-Commerce consumer will grow as the growth of trading
volume in MM.
• analysis of risk confront with e-Commerce SMEs, regional
limitation, logistics, custom clearance, follow-up service,
competitiveness and lack of talents and innovation spirits
are barriers for e-Commerce growth in Myanmar.
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8. In order to implement AEC Blueprint (2025),e-ASEAN
Framework Agreement and ASEAN ICT Master Plan
2020, Myanmar is participating in the ASEAN e-
Commerce Programme: ASEAN Coordinating
Committee on Electronic Commerce (ACCEC) and the
Regional Comprehensive Economic Partnership
(RCEP) .
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Regional e-Commerce Work Programme

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ASEAN Coordinating Committee on E-Commerce
(ACCEC)
• ASEAN Coordinating Committee on E-Commerce (ACCEC) was
established in 2016.
• ASEAN Agreement on Electronic Commerce was signed in 2018.
• Focal persons: Ministry of Transport and Communications
Ministry of Commerce
Ministry of Planning , Finance and Industry
Union Attorney General’s Office
Central Bank of Myanmar

10. 10
ASEAN Agreement on Electronic Commerce
Article 1. Definitions
Article 2. Objectives
Article 3. Scope
Article 4. Relation to other Agreements
Article 5. Principles
Article 6. Cooperation
Article 7. Facilitating Cross-Border E-Commerce
Article 8. Cybersecurity
Article 9. Electronic Payment
Article 10. Logistics

11. 11
ASEAN Agreement on Electronic Commerce
Article 11. Stakeholder Engagement
Article 12. Domestic Regulatory Framework
Article 13. Transparency
Article 14. Exceptions
Article 15. Dispute Settlement
Article 16. Institutional Arrangements
Article 17. Review
Article 18. Amendments
Article 19. Entry into Force

12. Regional Comprehensive Economic Partnership (RCEP)
The RCEP negotiations were launched by Leaders from 10 ASEAN
Member States and 6 ASEAN FTA partners: Australia, People’s
Republic of China, India, Japan, Republic of Korea, and New Zealand
during the 21st ASEAN Summit and Related Summits in Phnom Penh,
Cambodia in November 2012.
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13. 13
Objectives
The objectives of RCEP Negotiations are to enhance the economic
and technical cooperation in the following areas between ASEAN
Member States and FTA partners:
(1) Economic and technical cooperation
(2) Trade in goods
(3) Trade in services
(4) Investment
(5) Intellectual Property
(6) Competition
(7) Dispute settlement/ Legal
(8) Institutional Issues and other technical issues

14. Working Group for e-Commerce (WGEC)
The first negotiation round was held in Brunei Darussalam in May
2013. Three Working Groups on Trade, Investment and Service were
launched to issue the guides for invoices, services and initial market
access.
In order to advance negotiations on the broad range of issues,
Working Group on e-Commerce was established for Economic and
Technical Cooperation . e-Commerce Chapter is now under the
process of Legal scrubbing.
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Chapter 12: Electronic Commerce
Section A. General Provisions
12.1. Definitions
12.2. Principles and Objectives
12.3. Scope
12.4. Cooperation
Section B. Trade Facilitation
12.5. Paperless Trading (TA)
12.6. Electronic Authentication and Electronic Signature (TA)

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Chapter 12: Electronic Commerce
Section C. Creating a Conducive Environment for eCommerce
12.7 Online Consumer Protection (TA)
12.8 Online Personal Information Protection (TA)
12.9 Unsolicited Commercial Electronic Messages (TA)
12.10 Domestic Regulatory Framework
12.11 Customs Duties
12.12 Transparency
12.13 Cyber Security

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Chapter 12: Electronic Commerce
Section D. Promoting Cross-border Electronic Commerce
12.14 Location of Computing Facilities (TA)
12.15 Cross-border Transfer of Information by Electronic
Means (TA)
Section E. Other Provisions
12.16 Dialogue on Electronic Commerce
12.17 Settlement of Disputes

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Cooperation
• Information and Communication Technology (ICT) infrastructure;
• Education and technology competency;
• Online consumer protection;
• E-commerce legal and regulatory frameworks;
• Electronic transaction security, including protection of online
personal information;
• Electronic payment and settlement;
• Trade facilitation;
• Intellectual property rights;
• Competition;
• Cybersecurity; and Logistics to facilitate e-commerce

19. • To promote e-Commerce, e-Government
and cashless digital ecosystem
• To protect personal data from misuses
• To protect critical national infrastructure
and related industries from cyber-attacks
• To discourage and punish cyber criminals
Initiative to adopt Myanmar Cyber Legal
and Policy Framework
• facilitate the establishment
of a competitive e-
Commerce market,
• contribute to the
development of cross
border e-Commerce to
flourish
• create the enabling
environment for utilizing
4 IR trend for country’s
development
Objectives Goals
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20. Components Global Indexes International Best
Practices
Cross-border Transfer
of Electronic Means
ACCAThe Impact of Data Sovereignty on Cloud
Computing inAsia 2013 – “Ideal” State
Japan, New Zealand,
Philippines
Electronic Settlement UNCTAD B2C E-commerce Index 2017 –
Payments
India, Kenya
Paperless Trading UNRC Global Survey on Trade Facilitation and
Paperless Trade Implementation 2017 - Paperless
Trade measures, Cross-border Paperless Trade
measures
South Korea,
Singapore, Kazakhstan
Custom Duties World Bank Doing Business Report 2019 -
Paying Taxes
Hong Kong, Bahamas,
United Kingdom
Online Trade UNCTAD B2C E-commerce Index 2017 - Internet
Users, B2C web presence, Delivery
Luxembourg,
Switzerland, European
Union (EU), Malaysia
Benchmark Study

21. Myanmar’s cyber legal framework is at a foundational stage of
development with the potential for improvement. However, there
are many gaps after benchmarking against international best
practices and global indexes:
❑ enabling legislations as part of an overall cyber legal framework
❑ Comprehensive cybersecurity law designed to protect critical
information infrastructure
❑ Comprehensive data protection law
❑ Comprehensive cybercrime law
❑ Specific consumer protection law applicable to e-commerce
transactions
Legislative Gaps
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22. e-Government
❖ Electronic Information,
❖ Standardization,
❖ Online Services,
❖ Building Information Infrastructure,
❖ Human Resource Development,
❖ Open Government Data,
❖ Open Source Software,
❖ Intellectual Property Rights, etc.
Scope of Work

23. e-Commerce
❖ Cross Border Transfer of Information by Electronic Means,
❖ Electronic Settlement,
❖ Paperless Trading,
❖ Online Consumer Protection,
❖ Online Personal Information Protection,
❖ Unsolicited Commercial Electronic Messages
❖ Online Trade,
❖ Custom Duties etc.
Scope of Work
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24. Cyber Security
❖ Electronic Authentication
❖ Electronic Signature
❖ Cyber Threat and Cyber Crime
❖ Privacy and Data Protection, etc.
Scope of Work
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25. Since, the 4th Industrial Revolution brings vast opportunities for less-
advanced developing countries, the Republic of the Union of
Myanmar has committed to address the challenges and has been
undertaking several ICT initiatives to boost readiness of the country
towards the 4th Industrial Revolution.
A bright digital future
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26. Thank you!
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