FREE TRADE AGREEMENT BETWEEN CHINA AND ECUADOR
(GOODS)

QUESTIONS AND REPLIES

The following communication, dated 13 October 2025, is being circulated at the request of the delegations of China and Ecuador.

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Questions from Thailand

1.1.  Paragraph 4.14 Electronic Commerce

4.34. “With respect to electronic transactions, a contract shall have the same legal effect if it is an electronic communication and there should be no arbitrary discrimination between the different forms of electronic transactions (Article 10.4). The Parties endeavour to minimize regulatory burdens and ensure that regulatory frameworks support development of electronic commerce.”

Given the objectives under Article 4.14 and in particular Article 4.34, which requires that electronic transactions have the same legal effect as other forms of contracts and that regulatory frameworks support the development of electronic commerce, what specific policies or mechanisms are planned or in place to monitor the implementation of these objectives in accordance with the established regulations?

Reply from China:

China enacted and implemented the Electronic Signature Law in 2005 and further revised and improved it in 2021. The law clearly stipulates that a reliable electronic signature has the same legal effect as a handwritten signature or seal, among other provisions. Relevant clauses of this law are used to ensure the implementation of the relevant clause (Article 10.4) in the E-commerce chapter of the China-Ecuador Free Trade Agreement.

Reply from Ecuador:

Ecuador has a robust legal and policy framework that officially recognizes electronic transactions as valid, fostering a trustworthy environment for digital trade. This aligns with its free trade agreement with China and WTO principles.

1. Legal and Regulatory Framework:

·_        Law on Electronic Commerce, Electronic Signatures, and Data Messages (Law No. 67, 2002; amended 2021): Recognizes data messages as legally equivalent to written documents (Art. 2), confirms the validity of electronic contracts, and regulates electronic signatures and certification bodies (Art. 45).

·_        General Regulations to the Law on Electronic Commerce (Official Gazette No. 735, 2002; amended 2008): Details procedures for storing, accessing, and certifying documents, ensuring they carry the same legal weight as physical records. Once accessibility requirements are met, a data message has the same legal consequences as a written document (Art. 3).

·_        Organic Law on Digital and Audiovisual Transformation (Third Supplement No. 245, 2023): Mandates that public and private entities accept electronically signed documents, eliminating the need for physical copies. It requires government agencies and private organizations to implement and accept electronic signatures in their processes (Arts. 22 and 23).

·_        Commercial Code (Official Gazette No. 497, 2019): Recognizes electronic smart contracts as legally valid agreements generated and signed electronically by two or more parties through computer programs (Art. 77).

·_        Organic Law on Consumer Protection (Official Gazette No. 116, 2000; amended 2015): Ensures transparency and fairness in electronic transactions by requiring that information about products and services be truthful, sufficient, clear, and accessible, enabling consumers to make informed decisions (Art. 17).

·_        Organic Law on Personal Data Protection (Official Gazette No. 459, 2021): Guarantees the secure handling of personal data during collection, storage, processing, and transfer. These protections build trust in digital transactions and safeguard consumer rights, fostering a safe digital environment.

This legal framework positions Ecuador as a jurisdiction that explicitly affirms the legal equivalence of electronic and transactions using analogue means, strengthening legal certainty for consumers and businesses while promoting trust and security in digital operations.

2. Public Policies and National Strategies:

·_        The Digital Transformation Policy (2025–2030) promotes digital infrastructure, skills development, cybersecurity, and e-commerce growth, aiming for efficient and inclusive services.

·_        The Knowledge Society Plan (2024–2025) supports equal access to digital tools, skills, and innovative regulatory frameworks for e-commerce.

·_        E-Impulsa Digital Trade (2025–2030) assists small businesses in adopting e-commerce and closing technological gaps.

·_        The Draft National Digital Trade Strategy (2025–2030) aims to enhance inclusion, sustainability, and competitiveness in digital trade.

Ecuador actively participates in regional and international forums to share best practices on e-commerce, cybersecurity, and consumer protection. Overall, its legal system and public policies ensure trustworthy electronic transactions, foster innovation, and promote a competitive digital economy aligned with international commitments.

1.2.  Paragraph 4.16 Gender

4.39. “The Agreement does not contain a Chapter on gender but contains a reference to gender, in the Chapter on economic cooperation, specifically in agricultural cooperation, which implies that policies and programs will be formulated with a gender perspective (Article 16.4)”

In light of the reference to gender perspectives in Article 4.16, which constitutes a gender-inclusive approach in the development of agricultural cooperation policies and strategies under the agreement? How is gender expected to be integrated into cooperation objective, implementation, and evaluation in this context?

Reply from China:

Safeguarding the lawful rights and interests of women, promoting gender equality, and advancing the all-round development of women are important components of Chinese modernization. China regards the development of women's cause as a key part of governance, has continuously strengthened the support and guarantee of institutional mechanisms, and has created an environment and conditions for the all-round development of women. In areas of agriculture, China has revised the Law on Rural Land Contracting to improve the legal protection of rural women's land rights and interests; China has also implemented the Women's Action for Rural Revitalization and strengthened the training and empowerment of female farmers. Since 2017, the High-Quality Farmer Cultivation Program has trained 2.241 million female farmers; from 2022 to 2024, the Rural Industry Revitalization Leader Cultivation Program has trained 12,000 women. By the end of 2024, the number of female agricultural technology promoters with professional titles had reached 134,000, accounting for 35.4% of the total. In terms of bilateral cooperation, China will also adhere to its consistent principles to safeguard the lawful rights and interests of women, promote gender equality, and advance the all-round development of women.

Reply from Ecuador:

Ecuador has prioritized promoting gender equality and empowering women and girls as key components of its national policies. It has incorporated gender provisions into trade agreements with the European Union, the United Kingdom, EFTA, Chile, Costa Rica, and Canada. These provisions emphasize information sharing, cooperation, and the integration of gender considerations into trade policies.

The country has taken significant steps in this field and seeks to collaborate with partners to exchange experiences and promote capacity-building efforts. Special emphasis is placed on supporting groups in vulnerable situation, particularly women in the agricultural sector, by strengthening their skills and participation throughout the entire economic chain—from production to export.

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