MediaNama’s take:
Despite the five years that have passed since India banned the 300 Chinese apps, China continues to push back against the decision, claiming a violation of WTO rules. The WTO, however, has not taken any official stance on the matter, allowing both countries to maintain their positions while market realities drive pragmatic solutions, like the Shein-Reliance partnership, that address security concerns without completely blocking market access.
While Shein’s return came with specific security requirements, other apps have quietly entered the Indian market again. The lack of audits and localisation requirements on these apps raises concerns about the possibility of data breaches and surveillance. It also signals inconsistencies in how the government has implemented the app ban, raising questions about whether the original bans were technically robust or if app developers found workarounds that the government hasn’t addressed.
What’s the news:
India’s 2020 decision to block 300 Chinese apps constitutes a discriminatory exclusion of the country’s digital services, China’s representative in the World Trade Organisation (WTO) said during a meeting of the WTO’s Council of Trade Services.
This meeting took place in June this year, and the WTO derestricted access to the minutes of the meeting more recently. The minutes were first reported on by Moneycontrol. “The selective targeting of Chinese applications with no comparable restrictions on applications from other countries also breached the Most Favoured Nation principle under the GATS [General Agreement of Trade in Services],” the Chinese representative argued.
They explained that while India has invoked national security exceptions, in China’s view, India has failed to show any credible national security threats stemming from Chinese apps. The country considers India’s ban a “misuse of security exceptions for protectionist purposes”. And it urges India to “immediately stop that discriminatory practice, refrain from abusing national security exceptions, and foster an open, fair, and non-discriminatory business environment for all international investors and service providers, including Chinese enterprises.”
In response, the Indian WTO representative argued that, as India had mentioned in previous council meetings, the country believes that its measures are fully consistent with GATS.
Some context:
In 2020, India blocked a range of Chinese applications, including TikTok, Shein, Clash of Kings and UC browser. The government explained that the applications were engaged in activities that were “prejudicial to sovereignty and integrity of India, defence of India, security of the state and public order”.
Further, the government said that it had received multiple representations from citizens about the alleged privacy and security risks associated with these apps, adding that reports suggest that these apps…
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