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HONDURAS

Since August 2024
Since August 2024

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Regulations for Payment and Transfer Services Using Electronic Money - Agreement No. 01/2024 (Reglamento para los Servicios de Pago y Transferencia Utilizando Dinero Electrónico - Acuerdo No. 01/2024)

Resolution No. 356-8/2024 (Resolución No. 356-8/2024)
According to Section 26(6) and 26(8) of the Regulations for Payment and Transfer Services Using Electronic Money (Agreement No. 01/2024), electronic wallets are subject to quantitative limits. The maximum balance that a user or an affiliated company may hold in an electronic wallet is capped at the amount established by the Board of Directors of the Central Bank of Honduras (BCH). In addition, the monthly cumulative value of transactions carried out through a user’s or affiliated company’s electronic wallet may not exceed the ceiling set by the BCH Board.
Section 1 of Resolution No. 356-8/2024 specifies these limits. For transactions not related to wages and salaries, the maximum amount per transaction and the maximum wallet balance are each limited to HNL 15,000 (approx. USD 600), while the monthly accumulated value of such transactions may not exceed HNL 30,000 (approx. USD 1,200).
Coverage E-wallets

HONDURAS

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Honduras does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

HONDURAS

Since April 2008
Since DEcember 2021

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Decree No. 24-2008 - Consumer Protection Act (Decreto No. 24-2008 - Ley de Protección al Consumidor)

Regulations of the Consumer Protection Act (Reglamento de la Ley de Protección al Consumidor)
The Consumer Protection Act (Decree No. 24-2008) and its implementing regulation (Agreement No. 084-2021) establish a comprehensive consumer protection framework that also applies to online transactions.
Coverage Horizontal

HONDURAS

Since January 2008, entry into force in June 2010

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Honduras has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

HONDURAS

Since 2015

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Honduras has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

HONDURAS

Since 2013

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Honduras has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

HONDURAS

Since May 2011

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Regulation of Internet Service or Access to Computer Networks (Reglamento del Servicio de Internet o Acceso a Redes Informáticas)
According to Art. 20 of the Regulation on Internet Service or Access to Computer Networks, operators of Internet services or providers of access to computer networks should retain IP addresses for at least 1 year to serve as a source for judicial investigation.
Coverage Operators of Internet services

HONDURAS

Since January 2012, last amended in March 2013

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Honduras Special Law on Telephone Interventions (Ley Especial de Intervenciones Telefónicas de Honduras)
According to Art. 39 of the Special Law on Telephone Interventions in Honduras, telephone service providers must retain connection data for all users for a period of five years. The retained data must include the numbers involved in each communication, the date and time of the call, and its duration. For mobile services, providers are additionally required to store the user’s location at the time of making or receiving a call or sending a text message. This obligation also extends to any other company, institution, or natural or legal person that provides communications services. Non-compliance is subject to sanctions ranging from 5,000 to 10,000 minimum wages and cancellation of the licence, without prejudice to the potential liability of shareholders or legal representatives.
Coverage Telecommunications sector

HONDURAS

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Honduras' law and jurisprudence. Despite the country having committed under Art. 15.11.27 of the Central America-Dominican Republic-United States FTA to implement a safe harbour for intermediaries for copyright-infringing content, no regulation has been put in place that implements this commitment.
Coverage Internet intermediaries

HONDURAS

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Honduran law and jurisprudence.
Coverage Internet intermediaries

HONDURAS

N/A

Pillar Intermediary liability  |  Indicator User identity requirement
User identity requirement
According to the National Telecommunication Commission of Honduras (CONATEL), users should provide a document of identity for providers of Internet services or computer network access.
Coverage Internet services

HONDURAS

Since February 2012

Pillar Intermediary liability  |  Indicator User identity requirement
Normative Resolution No. 002/12 (Resolución No. NR002/12)
According to the Normative Resolution No. 001/12, operators of telephone service shall collect data, including the name of the SIM card buyer and ID number for Hondurans and passport or residence card number for foreigners.
Coverage Telecommunications sector

HONDURAS

Since December 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Normative Resolution No. 004/22 - Regulations on Internet Service or Access To Networks (Resolución Normativa No. NR004/22 - Reglamento de Servicio de Internet o Acceso a Redes Informáticas)
According to Art. 21 of Normative Resolution 004/22 (NR004/22), Internet Service Providers (ISPs) are required to implement a security system to prevent, monitor, and detect illegal activities carried out by users. If such activities are detected, service operators must notify the competent authority in writing and offer full cooperation during the investigative process.
Coverage Internet intermediaries

HONDURAS

Since December 2002

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
General Regulation of the Framework Law for the Telecommunications Sector (Reglamento General de la Ley Marco del Sector de Telecomunicaciones)
Wireless products and equipment that connect to the public switched telephone network (PSTN), along with other Radio Frequency equipment, require type approval and certification in Honduras. No in-country testing is required, and existing international test reports are accepted for the homologation process to obtain CONATEL approval. Technical documents are reviewed and validated in the approval process. Homologation can also be done through an international entity (Title V, Arts. 213-220 B of the General Regulation to the Telecommunications Law). Products requiring CONATEL (Comisión Nacional de Telecomunicaciones) approval include PBX, routers, modems, and gateways; RFID and Bluetooth modules; and cell phones.
Coverage PBX; routers, modems, and gateways; RFID and Bluetooth modules; cell phones
Sources

HONDURAS

Since December 1995, last amended in February 2014
Since December 2002
Since July 2014
Since December 2022

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Decree No. 185-95 - Framework Law for the Telecommunications Sector (Decreto No. 185-95 - Ley Marco del Sector de Telecomunicaciones)

General Regulation of the Framework Law for the Telecommunications Sector (Reglamento General de la Ley Marco del Sector de Telecomunicaciones)

Resolution No. 016/14 of CONATEL (Resolución No. 016/14 de CONATEL)

Resolution No. NR006/22 - Network Access and Network Sharing Regulation (Resolución No. NR006/22 - Reglamento de Acceso y Uso Compartido de Redes)
Art. 13.9 of the Framework Law for the Telecommunications Sector (Decree No. 185-95) requires telecommunications operators and telecommunications network providers to provide access, on equal terms, to other operators and users in the same or similar circumstances. In 2002, the General Regulation of the Framework Law for the Telecommunications Sector further established the obligation to grant access to both passive and active infrastructure (Art. 186). In 2014, Art. 6 of Resolution No. 016/14 of CONATEL imposes an infrastructure-sharing obligation. The 2022 Network Access and Network Sharing Regulation consolidates and updates the provisions mentioned above.
Coverage Telecommunications sector

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