Yu Jing Kew
Economics Strategy
Lim May-Ann
Data Governance
ASEAN announced the ASEAN Digital Economy Framework Agreement (DEFA) in September 2023,[1] launching it during the 10th ASEAN Economic Community (AEC) dialogue at the end of Nov 2023.[2] The DEFA is the world’s first regional digital economy pact and is expected to unlock the value of ASEAN’s digital economy, which is projected to triple through the adoption of digital technologies from approximately USD 300 billion to almost USD 1 trillion by 2030.[3] Progressive rules in DEFA would double this value contribution, unlocking USD 2 trillion for ASEAN’s digital economy.
Following a series of stakeholder consultation workshops and feedback sessions with the private sector, including small and medium enterprises (MSMEs) and large corporations,[4] the DEFA seeks to offer a comprehensive roadmap to empower businesses and stakeholders across ASEAN through the nine key modules listed in its Framework for Negotiating ASEAN Digital Economy Framework Agreement:[5]
- Digital trade
- Cross-border e-commerce
- Payments and e-invoicing
- Digital ID and authentication
- Online safety and cybersecurity
- Cross-border data flows and data protection
- Competition policy
- Cooperation on emerging topics
- Talent mobility and cooperation
Access Partnership is tracking developments in the DEFA, as well as other digital economy and digital trade agreements, closely (see table below). We applaud ASEAN for taking this step forward in laying the groundwork for a strong future digital economy.
Moving into 2024, we anticipate that negotiations for developing the DEFA will progress quickly. With this in mind, we note that there are some considerations to keep front of mind during the DEFA’s next negotiation stage:
- Private sector engagement: It is important to keep the private sector actively involved in the crafting of the DEFA to ensure that it remains relevant, value-focused, and inclusive. While the initial recommendations were developed through extensive engagements with MSMEs in ASEAN,[6] these engagements should be maintained consistently and iteratively to avoid rapid redundancy.
- Digital skills development of ASEAN’s workforce: To transition from consumers of technology to producers of technology, there is a critical need to develop digital talent that is ready to participate in and harness these forms of technology for the digital economy.
- Consistency with global standards and other trade agreements: The DEFA must reinforce and strengthen baselines, both between ASEAN Member States (AMS) and across other digital economy agreements, to minimise conflicting networks of agreements and enhance global digital trade standards. Leveraging international standards, such as United Nations Commission on International Trade Law (UNCITRAL) laws and APEC Cross-Border Privacy Rules (CBPR), could facilitate this process.
If you would like to request an expert briefing on digital trade agreements or have information to add to our list of Digital Economy Agreements/Digital Trade Agreements table below, please contact Kew Yu Jing at [email protected], or Lim May-Ann at [email protected].
List of Digital Economy Agreements/Digital Trade Agreements (as 13 Dec 2023)
| ASEAN Member State | AI Regulation, Legislation, and Policy |
|---|---|
| Brunei | No policy yet, but the Brunei Authority for Info-communications Technology Industry (AITI) has a Strategic Plan 2020-2025 focusing on building a smart nation. The Sultan of Brunei has also made calls for AI Guidelines to shape the country’s smart nation policy: https://www.thestar.com.my/aseanplus/aseanplus-news/2023/08/22/sultan-calls-for-ai-guidelines-to-shape-smart-nation |
| Cambodia | No policy yet, but the Khmer Times has reported that a report launched by the Cambodian Ministry of Industry, Science Technology & Innovation (MISTI) has focused on AI as a tool for promoting social good, inclusiveness, and responsiveness to change: https://www.khmertimeskh.com/501302125/misti-report-on-ai-in-cambodia-pros-and-cons |
| Indonesia | Upcoming Presidential Regulation on AI (expected) to support Indonesia following the establishment of Indonesia’s National Research and Innovation Agency (BRIN). The AI and Cybersecurity Research Centre is to draft new AI regulations. Indonesia National Strategy for Artificial Intelligence 2020-2045 - Stranas KA (Strategi Nasional Kecerdasan Artifisial) - launched 10 August 2020: https://ai-innovation.id/strategi |
| Laos | No policy yet, but there is a National Policy on Information and Communication Technology (ICT) which could possibly serve as a guiding document to develop AI plans. |
| Malaysia | AI Roadmap 2021-2025: https://airmap.my/ Upcoming AI Governance and Code of Ethics: https://www.nst.com.my/business/corporate/2024/01/998905/malaysia-coming-ai-governance-and-code-ethics |
| Myanmar | No policy yet. |
| The Philippines | National AI Strategy for the Philippines: https://innovate.dti.gov.ph/wp-content/uploads/2021/05/National-AI-Strategy-Roadmap-May-2021.pdf |
| Singapore | Singapore National AI Strategy 2.0: www.smartnation.gov.sg/nais Proposed Model AI Governance Framework for Generative AI: https://aiverifyfoundation.sg/downloads/Proposed_MGF_Gen_AI_2024.pdf |
| Thailand | Thailand National AI Strategy and Action Plan 2022-2027: https://ai.in.th/wp-content/uploads/2022/12/20220726-AI.pdf |
| Vietnam | Ministry of Finance (MOF) National Strategy on Research, Development, and Application of Artificial Intelligence until the Year 2030 (Decision 127/QĐ-TTg): https://mof.gov.vn/webcenter/portal/cdso/pages_l/ctt?dDocName=MOFUCM237749 |
Source: Access Partnership, 2023
[1] https://www.straitstimes.com/asia/se-asia/asean-launches-talks-on-27-trillion-digital-economy-pact-to-drive-more-seamless-trade
[2] https://asean.org/10th-asean-economic-community-dialogue-unpacks-worlds-first-regionwide-framework-agreement-on-digital-economy/
[3] https://www.straitstimes.com/asia/se-asia/asean-countries-to-begin-talks-on-27-trillion-digital-economy-pact-by-end-2023
[4] https://asean.org/asean-defa-study-projects-digital-economy-leap-to-us2tn-by-2030/
[5] https://asean.org/wp-content/uploads/2023/09/Framework-for-Negotiating-DEFA_ENDORSED_23rd-AECC-for-uploading.pdf
[6] https://asean.org/wp-content/uploads/2023/10/ASEAN-Digital-Economy-Framework-Agreement-Public-Summary_Final-published-version-1.pdf
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