Ttip, Regulatory Convergence and the Digital Market

What should differentiate the TTIP from other trade agreements is the ambition of its regulatory dimension. Due to the low level of average tariffs that are applied between the European Union and the United States, the main gains to be reaped from the agreement are expected to come from the convergence of the rules and standards governing both markets. The digital market has attracted more and more attention in the debates surrounding the negotiations. Regulatory issues have been at the heart of those debates. Regulations and standards affecting the digital market have developed rapidly and exponentially in both jurisdictions. This has often led to an important fragmentation of digital law, undermining its efficiency and arguably also hindering the sector’s economic development. Trade agreements such as the TTIP are international instruments that could contribute to overcome this problem. They could play a major role in the collective regulatory answer that the development of the global digital economy requires.  This study aims at assessing the potential of the TTIP as a rule-setter for the transatlantic digital market. It will do so by analysing what European and American law and regulatory practises teach us about the impact of trade agreements on regulatory convergence. It will link these theoretical findings to the study of the digital components of the TTIP. It will conclude by assessing the potential as well as the limits of the TTIP as an instrument fostering regulatory convergence in the digital area