On 9 December 2025, the Digital Trade Promotion Act of 2025 (SB 3399) was introduced in the Senate. The Bill would authorise the President to negotiate and conclude digital trade agreements with other countries to regulate electronic commerce and cross-border data flows. Under the Bill, agreements would address discriminatory treatment of digital products and services, and cover measures regarding the prohibition of discriminatory taxes, the facilitation of cross-border data flows, prohibitions on data localisation requirements, the protection of source code and proprietary technology, cooperation on artificial intelligence and cybersecurity, and a ban on customs duties on electronic transmissions, with allowances for legitimate public policy objectives and national security. The Bill establishes oversight arrangements for Congress, requiring the President to provide notice before entering negotiations and to submit reports before concluding agreements. Congress would have a review period and the option to disapprove an agreement. The Bill also includes monitoring and enforcement provisions, enabling the Trade Representative to assess compliance and allowing the President to take corrective measures where compliance issues arise.
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