Database

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AUSTRALIA

Since December 1975, last amended in December 2025
Since November 2015, last amended in October 2025

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Acquisitions and Takeovers Act 1975

Foreign Acquisitions and Takeovers Regulation 2015
Under the Foreign Acquisitions and Takeovers Act 1975 (FATA), Australia subjects certain foreign investments to national security screening, combining mandatory ex ante notification with call-in and last-resort ex post powers. Under Section 55B, a notifiable national security action arises where a foreign person proposes to start a national security business, acquire a direct interest in a national security business (or in an entity carrying on such a business), or acquire an interest in national security land. The term national security business is defined in Section 8AA of the Foreign Acquisitions and Takeovers Regulation 2015, including businesses connected to critical infrastructure, telecommunications carriers or nominated carriage service providers, businesses supplying critical military or intelligence goods, technologies, or services, and certain businesses handling classified information or sensitive data relating to defence and intelligence personnel. Government guidance further indicates that, where this national security screening applies, notification is generally required regardless of transaction value.
Australia’s national security screening framework also includes ex post review mechanisms. Under Section 66A of FATA, the Treasurer may review a reviewable national security action (and certain significant actions) on national security grounds. Investments not subject to mandatory notification may be voluntarily notified to reduce the risk of later review, while non-notified investments may be called in for a national security assessment. In addition, Division 3 of Part 3 of FATA establishes last-resort powers, including powers to vary or revoke conditions, impose new conditions, or require divestment where national security risks arise after an initial assessment or approval.
In practice, these powers have been invoked to restrict foreign participation on grounds of national security and national interest. For example, in 2012, the Australian Government blocked Huawei Technologies Co Ltd from tendering for contracts associated with the National Broadband Network (NBN), citing cybersecurity concerns. More recently, in June 2024, the Treasurer ordered several China-linked investors to dispose of their shares in the rare earths miner Northern Minerals, including Yuxiao Fund, Ximei Liu, Xi Wang, and Black Stone Resources.
Coverage Critical infrastructure and national security-related businesses

AUSTRALIA

Since March 1980

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Australia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

AZERBAIJAN

Since May 2005, last amended in December 2018

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law of the Republic of Azerbaijan on Electronic Commerce (Elektron ticarət haqqında Azərbaycan Respublikasının qanunu)
The Law on Electronic Commerce provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

AZERBAIJAN

Since September 2018, in force since April 2019

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
Azerbaijan has acceded to the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

AZERBAIJAN

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Azerbaijan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

AZERBAIJAN

Since December 2005, last amended in December 2025

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 230 (Azərbaycan Respublikası Nazirlər Kabinetinin 230 nömrəli qərarı)
The List of Executive Authorities Responsible for Implementing Export Controls, approved by Decision No. 230, stipulates that telecom and information security systems are subject to export and re‑export licensing requirements. With regard to telecom security systems, the issuance of special permits is entrusted to the Ministry of Digital Development and Transport of the Republic of Azerbaijan. With regard to information security, special permits are issued based on conclusions provided by the Ministry of Digital Development and Transport, the State Security Service and the Special State Protection Service of the Republic of Azerbaijan.
Coverage Telecom and information security systems

AZERBAIJAN

Since August 1998, last amended in September 2025

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Decision No. 175 of the Cabinet of Ministers of the Republic of Azerbaijan - “On the approval of the Rules for the Certification of Telecommunications Equipment and Devices in the Republic of Azerbaijan” (Azərbaycan Respublikası Nazirlər Kabinetinin Qərarı No. 175 - “Azərbaycan Respublikasında telekommunikasiya vasitələri və qurğularının sertifikatlaşdırılması Qaydalarının təsdiq edilməsi haqqında”)
Section 4.14 of the "Rules for the Certification of Telecommunications Equipment and Devices in Azerbaijan" stipulates that telecommunications equipment and devices (TE) lacking a certificate of conformity and imported without recognition under the national certification system shall not be permitted for release into the customs territory of Azerbaijan, and their sale and operation are prohibited. Section 6.1 further provides that the second and third phases of the TE certification process include the selection of a sample and its submission for testing to the Telecommunications Equipment Certification Centre (TECC) of the Ministry of Digital Development and Transport and, where necessary, to accredited testing laboratories of the Ministry of Health, the Ministry of Emergency Situations or other relevant authorities.
Coverage Telecommunications equipment and devices

AZERBAIJAN

Since July 2023, entry into force in November 2023

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Law No. 987-VIQ, on Payment Services and Payment Systems (“Ödəniş xidmətləri və ödəniş sistemləri haqqında” Azərbaycan Respublikasının Qanunu № 987-VIQ)
Art. 12 of the Law on Payment Services and Payment Systems stipulates that the issuance of electronic money within the territory of Azerbaijan may be undertaken solely by banks and local branches of foreign banks, the national postal operator, and electronic money institutions, meaning that only electronic money issued and authorised domestically is legally recognised. The issuer must immediately generate electronic money equivalent to the funds received for that purpose and ensure that the electronic money holder can use it. The currency, maximum permissible amount of electronic money, and the upper limit of obligations arising from electronic money issued by a single issuer are to be determined by normative acts of the Central Bank. Pursuant to Art. 13.2, legal entities, local branches of foreign legal entities, and individual entrepreneurs may acquire electronic money only by transferring funds from their respective payment accounts to the issuer. Art. 14 further requires electronic money institutions to submit information concerning payment accounts opened for such persons to the designated body of the relevant executive authority, in the manner and within the timeframe prescribed by that body. Arts. 52 and 57 govern the licensing of local branches of foreign payment institutions, foreign electronic money institutions, and foreign operators, thereby requiring any foreign payment service providers, electronic money issuers, or payment system operators seeking to operate in Azerbaijan to do so through licensed branch offices.
Coverage Online payments

AZERBAIJAN

Since October 2013, last amended in December 2025

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 14 October 2013 No. 305 about approval of "The Preferential and Simplified Rules of Movement by Physical Persons through Customs Border of the Goods which Are Not Provided for Production or for Dealing Purposes" (Azərbaycan Respublikası Nazirlər Kabinetinin 2013-cü il 14 oktyabr tarixli 305 nömrəli Qərarı “Fiziki şəxslər tərəfindən istehsal, yaxud kommersiya məqsədləri üçün nəzərdə tutulmayan malların gömrük sərhədindən keçirilməsinin güzəştli və sadələşdirilmiş qaydaları”nın təsdiq edilməsi haqqında)
Section 2.1.4 of "The Preferential and Simplified Rules of Movement by Physical Persons through Customs Border of the Goods which Are Not Provided for Production or for Dealing Purposes" provides that certain goods may be brought across the customs border without payment of customs duties. This applies to goods delivered into the customs territory once per calendar month in the name of the same individual via international postal consignments or a courier service, provided that their total customs value does not exceed USD 300.
Coverage Horizontal

AZERBAIJAN

Since May 2005, last amended in December 2018

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law of the Republic of Azerbaijan on Electronic Commerce (Elektron ticarət haqqında Azərbaycan Respublikasının qanunu)
The Law on Electronic Commerce establishes a safe harbour regime for intermediaries beyond copyright infringement. Art. 1 defines an intermediary as any natural or legal person that provides services enabling the electronic circulation of documents between the sender and the recipient.
Under Art. 12.2, intermediaries that transmit information supplied by buyers or sellers through a communications network, or provide access to such a network, are exempt from liability for the transmitted information where they do not initiate the transmission, select the recipient, or modify the content. Art. 12.3 extends immunity to the automatic, temporary, and short-term storage of information carried out solely to facilitate more efficient onward transmission, provided that the intermediary does not alter the information, complies with applicable access conditions and generally accepted updating rules, does not interfere with lawful technologies used to obtain usage data, and acts promptly upon notice that the information has been removed or access restricted at source, including pursuant to a court decision or a request from a competent authority.
Under Art. 12.4, intermediaries that store information supplied by buyers or sellers are not liable where they lack actual knowledge of its unlawful nature or, in damages claims, are unaware of facts or circumstances indicating unlawfulness, and act expeditiously to remove or disable access once notified. Finally, Art. 12.5 confirms that intermediaries are not subject to a general obligation to monitor transmitted or stored information, or actively seek evidence of unlawful activity, and may not undertake such monitoring on their own initiative.
Coverage Internet intermediaries

AZERBAIJAN

Since July 2005, last amended in April 2022

Pillar Intermediary liability  |  Indicator User identity requirement
Decision No. 131 of the Cabinet of Ministers of the Republic of Azerbaijan on the Approval of the Requirements Applicable to the Sale and Use of Communication Devices by Communication Enterprises (Operators) and by Their Dealers and Distributors (Rabitə müəssisələri (operatorlar), həmçinin onların diler və distribüterləri tərəfindən rabitə vasitələrinin satışı və istifadəsi zamanı tələb olunan şərtlərin təsdiq edilməsi haqqında Azərbaycan Respublikası Nazirlər Kabinetinin Qərarı No. 131)
Under Section 1.1 of the "Requirements Applicable to the Sale and Use of Communication Devices by Communication Enterprises (Operators) and by Their Dealers and Distributors", communication enterprises (operators) operating within the territory of Azerbaijan, together with their dealers and distributors, are required, in the course of selling and using communication devices, to ensure that subscriber information (as specified in the annex) are included both in contracts concluded with natural and legal persons and in subscriber information databases. In addition, Section 1.4 stipulates that contracts must have attached a copy of the identity document containing the photograph of the natural person or, where the contracting party is a legal person, of the natural person who will use the device.
Coverage Communication enterprises

AZERBAIJAN

Reported in 2022, last reported in 2025

Pillar Content access  |  Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Azerbaijan. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

AZERBAIJAN

Since December 2021, entry into force in February 2022, last amended in July 2025

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law of the Republic of Azerbaijan on Media (Media haqqında Azərbaycan Respublikasının Qanunu)
Art. 31 of the Law on Media stipulates that an on‑demand media service provider must operate under a licence. Such a provider makes its programme catalogues available either through the transmission mechanisms of a platform operator or directly via the Internet, including through mobile applications. The on‑demand media service provider is required to furnish the Council with information concerning all programmes included in its programme catalogue, as well as the agreements establishing the broadcasting rights acquired for the dissemination of these programmes.
Art. 32.1 of the Law on Media stipulates that a platform operator must hold a licence in order to conduct its activities. Art. 1.1.21 defines a platform operator as any natural or legal person that retransmits programmes, including on‑demand media services, via cable, IPTV, Over-the-Top (OTT), mobile television, or satellite by means of encoded broadcast signals. Pursuant to Art. 12.4, a platform operator is required to submit to the Council a copy of the agreement concluded between itself and a foreign audiovisual broadcaster, or a person authorised to contract on the broadcaster’s behalf, for the purpose of retransmitting the programmes of foreign audiovisual broadcasters.
Coverage On‑demand media service provider and audiovisual retransmission platform operators

AZERBAIJAN

Since March 2016, last amended in July 2025

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law of the Republic of Azerbaijan on Licenses and Permits (Lisenziyalar və icazələr haqqında Azərbaycan Respublikasının Qanunu)
Appendix No. 1 to the Law on Licences and Permits enumerates the categories of activities for which a licence is required, including IP telephony.
Coverage IP telephony

AZERBAIJAN

Since March 2016, last amended in July 2025

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law of the Republic of Azerbaijan on Licenses and Permits (Lisenziyalar və icazələr haqqında Azərbaycan Respublikasının Qanunu)
Appendix No. 1 to the Law on Licences and Permits enumerates the categories of activities for which a licence is required, including data transmission.
Coverage Data transmission

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