Database

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AUSTRIA

Since March 2004, last amended in February 2014
Since February 2016, last amended 2018
Since July 2018

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

BKA: Federal Act amending the Federal Procurement Act 2006 and the Federal Procurement Act 2012 (BKA: Bundesgesetz, mit dem das Bundesvergabegesetz 2006 und das Bundesvergabegesetz Verteidigung und Sicherheit 2012 geändert werden)

Procurement Law Reform Act 2018 (Vergaberechtsreformgesetz 2018)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Austria, the Directive has been transposed with the BKA: Federal Act amending the Federal Procurement Act 2006 and the Federal Procurement Act 2012, as well with the Procurement Law Reform Act 2018.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

AUSTRIA

Since 1986, last amended in 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Federal Act on Austrian Broadcasting
There are limits to the proportion of shares that can be acquired by foreign investors in publicly-controlled firms. In particular, the public broadcaster ORF is organized as a foundation under public law resulting in additional requirements in order to acquire shares on this specific company. This is further aggravated by the fact that the public broadcaster ORF receives a major part of its financing through a broadcasting fee (Programmentgelt). ORF also conducts activities online.
Coverage Broadcasting sector

UNITED KINGDOM

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The UK 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

UNITED KINGDOM

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The UK has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

UNITED KINGDOM

Since October 2015
Since July 2016

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Act 2015

UK eIDAS Regulations 2016
The UK has robust consumer protection laws, as laid out in the Consumer Rights Act 2015. The rights enumerated in the 2015 legislation, which include standards for considering goods faulty, unfair contract terms, right to repair, and right to return, apply to both in-person and online transactions. The UK also applies the UK eIDAS Regulations which "set out rules for UK trust services and establishes a legal framework for the provision and effect of electronic signatures, electronic seals, electronic time stamps, electronic documents, electronic registered delivery services and certificate services for website authentication."
Coverage Horizontal

UNITED KINGDOM

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The UK has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

UNITED KINGDOM

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is £135 (approx. 200 USD). The UK has not changed its de minimis threshold since departing the EU and has not stated plans to deviate from the £135 threshold.
Coverage Horizontal

UNITED KINGDOM

Since December 2016

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Electromagnetic Compatibility Regulations 2016
The purpose of the Electromagnetic Compatibility Regulations 2016 is to ensure safe electrical and electronic equipment is placed on the Great Britain market by requiring manufacturers to show how their products meet the essential requirements: equipment must be designed and manufactured to ensure that the electromagnetic disturbance generated does not exceed the level above which radio and telecommunications equipment or other equipment cannot operate as intended, and the equipment has a level of immunity to the electromagnetic disturbance to be expected in its intended use which allows it to operate without unacceptable degradation of its intended use (Schedule 1). Conformity with the Regulations can be demonstrated by the internal production control route (Section 40). Internal production control is the conformity assessment procedure whereby the manufacturer ensures and declares on the manufacturer's sole responsibility that the apparatus concerned satisfies the requirements of these Regulations that apply to it (Schedule 2). The manufacturer must perform an electromagnetic compatibility assessment of the apparatus, on the basis of the relevant phenomena, with a view to meeting the essential requirements set out in Schedule 1.
Coverage Electrical and electronic equipment

UNITED KINGDOM

Since June 2021

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Export restrictions on ICT goods, products and online services
UK Strategic Export Control List
The UK Strategic Export Control List is a comprehensive list of goods that face export bans or export licensing requirements. Among the goods that face export controls are dual-use items, including physical goods, software, and technology. After departing the EU, licensing requirements for qualifying dual-use items also apply to exports to the EU.
Coverage Dual Use Items

UNITED KINGDOM

Since November 2021

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Import ban applied on ICT goods, products and online services
Telecommunications Security Act 2021
In July 2020, the UK announced a ban on new purchases of equipment from Chinese telecommunications company Huawei as well as a requirement for operators to remove any Huawei components from their 5G networks by 2027. The ban was subsequently added into the Telecommunications Security Act 2021, giving it legal enforceability from November 2021.
Coverage Huawei

UNITED KINGDOM

Since March 2022

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of Russia Today
In response to Russia's invasion of Ukraine, Ofcom revoked RT's licence to broadcast in the United Kingdom, as well as provide internet services.
Coverage RT - Russia Today UK

UNITED KINGDOM

Since April 2017

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Digital Economy Act 2017
The Digital Economy Act 2017 allows ISPs to use blocking and filtering techniques by allowing customers to enable parental control filters, which filters out content deemed not suitable for underage individuals. There a number of reports that these optional controls block legitimate content and it can be difficult for legitimate sites to unblock themselves. The Freedom House reports that "as of March 2021, the number of blocked and filtered sites was reported to be over 775,000; more than 21,000 of which are suspected to be blocked inadvertently."
Coverage Websites

UNITED KINGDOM

Since August 2002

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Commerce Regulations 2002
The Electronic Commerce Regulations 2002, which transposed the EU's e Commerce Directive into UK Law, provides the legal basis governing internet service provider (ISP) liability, including a conditional safe harbor. The Directive covers any type of infringement of third-party rights, including intellectual and industrial property rights and personality rights.
The limitations on liability in the Regulations apply to clearly delimited activities (mere conduit, caching and hosting) carried out by internet intermediaries, rather than to categories of service providers or types of information. The eCommerce Regulations implement the eCommerce Directive into the UK law in an almost mirrored manner with one potentially noteworthy difference in the language. While the EU Directive uses the expression “should not be liable” (in relation to intermediaries), the Regulations expand this phrase into protection from liability “for damages or for any other pecuniary remedy or for any criminal sanction”. As a result, various forms of injunctive relief are excluded from the implemented provision.While the EU e Commerce Directive is no longer applied to the UK, latest government guidance states that "the government is committed to upholding the liability protections now that the transition period has ended. For companies that host user-generated content on their online services, there will continue to be a ‘notice and take down’ regime where the platform must remove illegal content that they become aware of or risk incurring liability."
Coverage Internet intermediaries

UNITED KINGDOM

Since August 2002

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Electronic Commerce Regulations 2002
The Electronic Commerce Regulations 2002, which transposed the EU's e Commerce Directive into UK Law, provides the legal basis governing internet service provider (ISP) liability, including a conditional safe harbor. The Directive covers any type of infringement of third-party rights, including intellectual and industrial property rights and personality rights.

The limitations on liability in the Regulations apply to clearly delimited activities (mere conduit, caching and hosting) carried out by internet intermediaries, rather than to categories of service providers or types of information. The eCommerce Regulations implement the eCommerce Directive into the UK law in an almost mirrored manner with one potentially noteworthy difference in the language. While the EU Directive uses the expression “should not be liable” (in relation to intermediaries), the Regulations expand this phrase into protection from liability “for damages or for any other pecuniary remedy or for any criminal sanction”. As a result, various forms of injunctive relief are excluded from the implemented provision.While the EU e Commerce Directive is no longer applied to the UK, latest government guidance states that "the government is committed to upholding the liability protections now that the transition period has ended. For companies that host user-generated content on their online services, there will continue to be a ‘notice and take down’ regime where the platform must remove illegal content that they become aware of or risk incurring liability."
Coverage Internet intermediaries

UNITED KINGDOM

Since 2018, entry into force in January 2021

Pillar Domestic Data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Data Protection Act 2018
The UK Data Protection Act 2018 requires that the appointment of a data protection officer (DPO) is mandatory if the organization is a public authority, the organisation’s core activities consist of data processing operations that require regular and systematic monitoring of data subjects on a large scale, and/or the organisation’s core activities consist of large-scale processing of special categories of data (sensitive data such as personal information on health, religion, race or sexual orientation) and/or personal data relating to criminal convictions and offences. Similarly, data protection impact assessments are required in situations where processing is likely to result in a high risk to individuals.
Coverage Horizontal