Understanding Digital Economy Agreements as a New Model of Trade Governance

Digital Economic Agreements (DEAs) represent a novel and increasingly influential instrument in the governance of digital trade. Departing from the broader and more traditional scope of Preferential Trade Agreements (PTAs), DEAs focus exclusively on digital trade, establishing dedicated regulatory frameworks for the data-driven economy. This article offers a detailed analysis of the architecture, substantive scope and underlying dynamics of DEAs. It maps the convergences and divergences among existing agreements, with particular attention paid to provisions on data governance and source code, situating DEAs within the broader landscape of PTAs' digital trade rulemaking. We further contrast the DEA model with the ongoing WTO negotiations towards an agreement on electronic commerce and examine the legal compatibility of DEAs with WTO law. We argue that DEAs represent a flexible and forward-oriented model for digital trade regulation. Nonetheless, their impact on the ground and whether they reduce or rather exacerbate the existing regulatory fragmentation in digital trade governance are questions that warrant further attention.