Datafication-enabled advertising and other datafication practices, in the absence of proper constraints, will deepen the perils of datafication. A set of cross-border competition disciplines proposed in Chapter 5 may well be an effective instrument to address problems associated with platform monopolies and data capitalism. In this way, there would be less need for ex-post competition law enforcement in developing countries and LDCs, where relatively limited resources can be allocated to combat digital cartels and data monopolization. In this context, algorithmic transparency can serve as a starting point for global platform governance. The case study in Chapter 5 investigates the key dimensions of platform transparency requirements in a comparative context and demonstrates that the fragmentation of platform regulation is growing. The proliferation of platform regulations and algorithmic disciplines may place SMEs in an even more difficult situation vis-à-vis big tech companies, which have the resources necessary to manage different legal requirements in different countries. Despite the inherent complexity of the political economy surrounding digital capitalism, Chapter 5 concludes that there are reasons to be optimistic about better governance through international trade agreements.

The convergence of AI, robotics, 3D printing, blockchain and the Internet of Things into digitally connected networks of production, communication and consumption is driving the Fourth Industrial Revolution. Recent notifications of draft regulations to the TBT Committee show that Industry 4.0-related regulations are increasing in number and variety. There is a risk that the interconnectivity and interoperability required by Industry 4.0 could be hampered by discriminatory or unnecessarily divergent standards and regulations. This chapter discusses how the existing principles and disciplines in the TBT Agreement as well as practices and guidance developed by the WTO TBT Committee could help avoid unnecessary regulatory diversity and reduce trade costs. It argues that the TBT Agreement, by promoting global regulatory coherence (harmonization via international standardization) and global regulatory cooperation and convergence (via Good Regulatory Practices, Equivalence, Mutual Recognition), will assume even greater importance as standards and regulations are developed for Industry 4.0.

This chapter gives an overview of the disciplines regarding international regulatory co-operation that exist in the SPS and TBT Agreements. It argues that to complement the transparency obligations of the two Agreements, a number of provisions encourage WTO Members to engage in regulatory co-operation, that can take place either bilaterally or multilaterally in the context of the WTO. This regulatory co-operation that is both encouraged by the SPS and TBT Agreements and enabled by the Committee meetings takes place at the early stages of the domestic regulatory process regarding trade-related measures, and is an essential complement to both the substantive obligations presented in Chapter 1 and the transparency obligations presented in Chapter 2. Indeed, together, these different legal disciplines of the SPS and TBT Agreements allow Members to understand better each others’ regulations and participate directly in each others’ regulatory processes, thus ultimately preventing disputes from rising.