VANUATU
Since December 2024, entry into force in January 2025
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection and Privacy Act No. 13 of 2024
The Data Protection and Privacy Act No. 13 of 2024 establishes a comprehensive legal framework for the protection of personal data in Vanuatu. Applicable to both public and private sector entities, the Act possesses extraterritorial reach and stipulates conditions for cross-border data transfers. It delineates the rights of data subjects and prescribes detailed provisions governing the processing of personal data, including sensitive categories.
Coverage Horizontal
VANUATU
Since January 2020, last amended in December 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Vanuatu Foreign Investment Promotion Act No. 25 of 2019
According to Art. 35.2 of the Foreign Investment Act No. 25 of 2019, foreign investors must not carry out an investment without a valid certificate. Moreover, Art. 46.1 establishes that foreign investors are subject, among other conditions, to employing locals and capacity building.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240530215204/https://tradeportal.gov.vu/media/Foreign%20Investment%20Act%20No%20%2025%20of%202019%20(2).pdf
- https://web.archive.org/web/20250723024250/https://parliament.gov.vu/images/Bills%20for%202024%20Second%20ordinary/Private%20Partnership%20Consequential/Bill%20for%20the%20Public%20Private%20Partnersh...
- https://www.wto.org/english/news_e/news_docs/S481_e.pdf
- Show more...
VANUATU
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Vanuatu is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
VANUATU
Since December 2000, entry into force in February 2011, last amended in July 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Related Rights Act 2000
Vanuatu has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. The exceptions include the purposes of research or private study, legal advice, criticism or review.
Coverage Horizontal
VANUATU
Since May 2020, entry into force since August 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
VANUATU
Since May 2020, entry into force since August 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Vanuatu has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
VANUATU
Since December 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Act No. 52 of 2000
The Trade Secrets Act provides a framework for the effective protection of trade secrets. According to the Act, a trade secret is information that is not commonly known or easily accessible to those involved in similar fields. It can also pertain to someone's business or professional matters and, if disclosed, would negatively impact their lawful activities. Additionally, a trade secret holds commercial value due to its confidentiality and exclusivity. If a trade secret is acquired, used, or disclosed by a person without the authority of the owner of the trade secret, the owner has the right to apply to the Court for a declaration that the trade secret has been acquired, used, or disclosed without authority. The Court may grant an injunction preventing anyone from dealing with, or otherwise using, the secret in a commercial way; and if it is satisfied that the owner has suffered damage because of the unauthorised disclosure—award damages to the owner.
Coverage Horizontal
VANUATU
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive infrastructure sharing is not mandated, but it is practised in the market in both the mobile and fixed sectors (based on commercial agreements).
Coverage Telecommunications sector
VANUATU
Reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
In a joint market announcement in September 2025, the Vanuatu National Provident Fund (VNPF) announced that it acquired a 14% shareholding in Telecom Vanuatu Limited (trading as Vodafone Vanuatu).
Coverage Telecommunications sector
VANUATU
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Vanuatu does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, it is reported that functional separation has been an obligation since 2022.
Coverage Telecommunications sector
VANUATU
Since November 2012
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Vanuatu has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=94617&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
VANUATU
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications and Radiocommunications Regulator, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
VANUATU
Since January 2020, last amended in December 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Requirement to engage in joint ventures to invest or operate
Vanuatu Foreign Investment Promotion Act No. 25 of 2019
Art. 45.9 of the Foreign Investment Act No. 25 of 2019 stipulates that foreign investors must establish a joint partnership with a citizen of Vanuatu if their business activities are expanded more than three times through variations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240530215204/https://tradeportal.gov.vu/media/Foreign%20Investment%20Act%20No%20%2025%20of%202019%20(2).pdf
- https://web.archive.org/web/20250723024250/https://parliament.gov.vu/images/Bills%20for%202024%20Second%20ordinary/Private%20Partnership%20Consequential/Bill%20for%20the%20Public%20Private%20Partnersh...
- https://www.wto.org/english/news_e/news_docs/S481_e.pdf
- Show more...
VANUATU
Since August 2015, as amended in December 2018, last amended in December 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Companies Act No. 25 of 2012
According to Art. 83(5) of the Companies Act, as amended in December 2018, requires companies to ensure that at least one director must be a natural person who ordinarily resides in Vanuatu.
Coverage Horizontal
VANUATU
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.84%
Coverage rate of zero-tariffs on ICT goods (%)
43.1%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
