In digital trade, the US government’s tariffs and tariff threats are a means to an end. As opposed to other areas of trade, where the US government seems driven by a general disdain for the global trading system, clear priorities are crystallising on digital trade. We expect these priorities to spark Section 301 investigations, leading to new tariff threats. 

Two sources provide insight into the US government’s digital trade priorities: The US Trade Representative’s National Trade Estimates (NTE) Report and the “tariff deals” signed with nine counterparts. The NTE, published on 31 March 2026, lists policies that the US government views as significant foreign trade barriers, including digital policies. The tariff deals, signed between October 2025 and March 2026, include commitments to address such barriers, including on digital trade. 

The Digital Policy Alert’s new report explains US digital trade priorities by systematising the digital policies mentioned in the NTE and dissecting the digital trade commitments in all tariff deals:

• The 2026 NTE report identifies 146 digital policies across 43 jurisdictions as significant foreign trade barriers. The covered digital policy areas and jurisdictions in the NTE appear consistent with previous US digital trade priorities, but contain substantial gaps on artificial intelligence and competition. 

• The tariff deals reveal that the US government consistently pursues seven digital trade commitments, on digital services taxes, cross-border data flows, customs duties on electronic transmissions, a permanent WTO moratorium on such duties, non-discrimination, cybersecurity, and market entry conditions. Only some deals add further commitments, for instance on online content and digital competition rules, as well as “poison pills” allowing the US to terminate agreements if the counterpart enters into digital trade agreements with certain countries. 

To support readers’ in-depth analysis, the Digital Policy Alert provides a free tool to investigate the full text of these documents. Readers can: 

• Navigate our library of tariff deals, joint statements, and the NTE;

• Search for relevant provisions across all documents;

• Chat with different documents using our AI system that provides detailed references;

• Explore the full text text of any document, for example the NTE of 2026; and

• Compare documents side by side.

The US Trade Representative signaled its intention to initiate Section 301 investigations to counter the discrimination of US technology companies and digital services taxes. It has already launched broad Section 301 investigations due to alleged excess capacity and forced labour, after the Supreme Court invalidated tariffs under the International Emergency Economic Powers Act. Section 301 can lead to tariff threats that are based on a more solid legal foundation and formulate a clear demand from counterparts. The previous Trump administration, for instance, investigated digital services taxes and issued tariff threats under Section 301. Tech industry groups are now demanding such action for digital policies. The Digital Policy Alert continues to analyse how governments both react to US pressure and pursue digital trade commitments with like-minded partners. Readers can subscribe to our analyses and policy notification service for free.