SUDAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Sudan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). Sudan is not a member of the WTO but holds observer status.
Coverage ICT goods
Sources
- 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.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
Chapter 5 of the Purchasing, Contracting and Surplus Disposal Act stipulates that:
- Priority in contracting for the purchase and implementation of works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14);
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors, and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15); and
- Government agencies are required to prioritise Sudanese industries and products, provided they meet the intended purpose of the purchase (Art. 14.19).
Moreover, according to Art. 49 of the Act, procuring entities may, with the approval of the competent authority, use an international tender procedure in the following cases:
(a) where the procurement concerns low-value finished products or standard-specification goods;
(b) where the diversity of the required products is such that no single supplier is willing to provide all the requested items;
(c) where it is not possible to obtain the products locally.
When using this method, procuring entities may invite bids from three or more suppliers, and the list of invitees may include qualified agents of foreign suppliers.
- Priority in contracting for the purchase and implementation of works shall be given to Sudanese individuals and institutions licensed to operate according to this Act (Art. 14.14);
- The Ministry may specify some works and contracts whose implementation must be entrusted to Sudanese contractors, and the projects can also be divided to allow Sudanese contractors to qualify and implement them (Art. 14.15); and
- Government agencies are required to prioritise Sudanese industries and products, provided they meet the intended purpose of the purchase (Art. 14.19).
Moreover, according to Art. 49 of the Act, procuring entities may, with the approval of the competent authority, use an international tender procedure in the following cases:
(a) where the procurement concerns low-value finished products or standard-specification goods;
(b) where the diversity of the required products is such that no single supplier is willing to provide all the requested items;
(c) where it is not possible to obtain the products locally.
When using this method, procuring entities may invite bids from three or more suppliers, and the list of invitees may include qualified agents of foreign suppliers.
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
Art. 14 of the Purchasing, Contracting, and Surplus Disposal Act introduces the requirement for foreign bidders must use local suppliers for specific services and ensure that at least 21% of the project is carried out by Sudanese contractors (Art. 14.16). Moreover, contractors are obligated to purchase necessary tools and equipment from Sudanese agents, with direct imports allowed only if items are unavailable locally (Art. 14.17).
Coverage Horizontal
SUDAN
Since June 2010
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Purchasing, Contracting and Surplus Disposal Act 2010
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
قانون الشراء والتعاقد والتخلص من الفائض لسنة 0202
Art. 14 of the Purchasing, Contracting, and Surplus Disposal Act provides that national products may be procured if their prices do not exceed foreign alternatives by more than 11%, with foreign products acceptable only if they meet the required specifications (Art. 14.20). This is also confirmed in Art. 27.3, which states that government procuring entities, when purchasing goods or services through international or local tenders and when analysing and comparing bids, must grant a margin of preference to certain bids for goods produced or extracted in Sudan, as well as to bids for works submitted by Sudanese contractors.
Coverage Horizontal
SUDAN
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Sudan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status. In fact, Sudan is not a member of the WTO.
Coverage Horizontal
SUDAN
Since May 2021
Since June 2016
Since June 2016
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Investment (Encouragement) Act, 2021
Regulations for the Provision of Virtual Network Operator Services for the Year 2016
لائحة تقديم خدمات مشغل الشبكة الافتراضية لسنة 2016م
Regulations for the Provision of Virtual Network Operator Services for the Year 2016
لائحة تقديم خدمات مشغل الشبكة الافتراضية لسنة 2016م
According to Art. 18 of the Investment (Encouragement) Act, foreign investment is restricted in certain sectors as designated by the Minister. It is reported that such restrictions include a prohibition on foreign capital participation in most areas of telecommunications services.
Art. 3 of the Regulations for the Provision of Virtual Network Operator Services for the Year 2016, also requires that anyone wishing to provide virtual network operator (VNO) services must apply for a licence in accordance with the Telecommunications Law of 2001 and the regulations issued pursuant thereto (Art. 3.1), and that the licensee must be a Sudanese company with a Sudanese capital share of not less than 60% (Art. 3.2). The Regulations define a Virtual Network Operator as a public mobile communications service provider that does not have a dedicated frequency spectrum and does not own a public communications network infrastructure, but may own limited infrastructure.
Art. 3 of the Regulations for the Provision of Virtual Network Operator Services for the Year 2016, also requires that anyone wishing to provide virtual network operator (VNO) services must apply for a licence in accordance with the Telecommunications Law of 2001 and the regulations issued pursuant thereto (Art. 3.1), and that the licensee must be a Sudanese company with a Sudanese capital share of not less than 60% (Art. 3.2). The Regulations define a Virtual Network Operator as a public mobile communications service provider that does not have a dedicated frequency spectrum and does not own a public communications network infrastructure, but may own limited infrastructure.
Coverage Telecommunications sector, including Virtual Network Operators (VNO)
Sources
- https://web.archive.org/web/20231206054805/https://www.state.gov/reports/2022-investment-climate-statements/sudan/
- https://web.archive.org/web/20230330171907/https://investmentpolicy.unctad.org/investment-laws/laws/334/sudan-the-investment-act
- https://web.archive.org/web/20211231222434/https://www.dhaman.net/ar/research/%D8%A7%D9%84%D8%B3%D9%88%D8%AF%D8%A7%D9%86-2/
- https://web.archive.org/web/20251219215123/https://tpra.gov.sd/wp-content/uploads/2025/09/%D9%84%D8%A7%D8%A6%D8%AD%D8%A9-%D8%AA%D9%82%D8%AF%D9%8A%D9%85-%D8%AE%D8%AF%D9%85%D8%A7%D8%AA-%D9%85%D8%B4%D8%B...
- https://web.archive.org/web/20250625043125/https://tpra.gov.sd/en/regulatory-frameworks/regulations/
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SPAIN
Since June 2014
Since November 2007
Since November 2007
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias)
Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws (Real Decreto Legislativo 1/2007, de 16 de noviembre, por el que se aprueba el texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios y otras leyes complementarias)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Royal Legislative Decree 1/2007 of 16 November, Approving the Revised Text of the General Law for the Protection of Consumers and Users and Other Complementary Laws.
Coverage Horizontal
Sources
- https://web.archive.org/web/20200803112501/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20230130150141/https://www.global-regulation.com/translation/spain/1445031/royal-legislative-decree-1-2007-of-16-november%2c-approving-the-revised-text-of-the-general-law-f...
SPAIN
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Spain has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SPAIN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Spain 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
SPAIN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Spain 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
SPAIN
Since May 2001
Since March 2011, as amended in December 2014
Since April 1996, as amended in March 2022
Since November 2014
Since March 2011, as amended in December 2014
Since April 1996, as amended in March 2022
Since November 2014
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society
Law No. 2/2011, on a Sustainable Economy (Ley 2/2011, de 4 de marzo, de Economía Sostenible)
Royal Legislative Decree 1/1996, of 12 April 1996, Approving the Revised Text of the Intellectual Property Law, Regularising, Clarifying and Harmonising the Legal Provisions in Force on the Matter (Real Decreto Legislativo 1/1996, de 12 de abril de 1996, por el que se aprueba el texto refundido de la Ley de Propiedad Intelectual, por el que se regularizan, aclaran y armonizan las disposiciones legales vigentes en la materia)
Law No. 21/2014 (Ley 21/2014, de 4 de noviembre, por la que se modifica el texto refundido de la Ley de Propiedad Intelectual, aprobado por Real Decreto Legislativo 1/1996, de 12 de abril, y la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil)
Law No. 2/2011, on a Sustainable Economy (Ley 2/2011, de 4 de marzo, de Economía Sostenible)
Royal Legislative Decree 1/1996, of 12 April 1996, Approving the Revised Text of the Intellectual Property Law, Regularising, Clarifying and Harmonising the Legal Provisions in Force on the Matter (Real Decreto Legislativo 1/1996, de 12 de abril de 1996, por el que se aprueba el texto refundido de la Ley de Propiedad Intelectual, por el que se regularizan, aclaran y armonizan las disposiciones legales vigentes en la materia)
Law No. 21/2014 (Ley 21/2014, de 4 de noviembre, por la que se modifica el texto refundido de la Ley de Propiedad Intelectual, aprobado por Real Decreto Legislativo 1/1996, de 12 de abril, y la Ley 1/2000, de 7 de enero, de Enjuiciamiento Civil)
Law No. 2/2011 amended the Spanish Copyright Act to create an administrative body – the Second Section of the Intellectual Property Commission – which orders injunctions against information society services that infringe on copyright. Its functioning was later amended by Law No. 21/2014. The IP Commission targets particularly websites providing links to infringing works in a purposeful and massive way; it may also require payment, advertising, and access service providers to stop providing their services to the infringer.
The Copyright Act also implements (Art. 31.1) the InfoSoc Directive (2001/29/EC) mandatory exception for temporary acts of reproduction which are transient or incidental, have no independent economic significance, and are an integral and essential part of a technological process whose sole purpose is to enable (a) a transmission in a network among third parties by an intermediary, or (b) a lawful use. It also provides that (Arts. 138, 139.1.h, 141.6) copyright owners may ask for injunctions, where appropriate, against an intermediary whose services are resorted to by a third party to infringe copyright, even where the intermediary’s activity is not infringing in itself. The Copyright Act creates (Art. 32) a compulsory levy on news aggregators, and lastly, it establishes (Art. 138) inducement, contributory and vicarious liability for copyright infringements.
The Copyright Act also implements (Art. 31.1) the InfoSoc Directive (2001/29/EC) mandatory exception for temporary acts of reproduction which are transient or incidental, have no independent economic significance, and are an integral and essential part of a technological process whose sole purpose is to enable (a) a transmission in a network among third parties by an intermediary, or (b) a lawful use. It also provides that (Arts. 138, 139.1.h, 141.6) copyright owners may ask for injunctions, where appropriate, against an intermediary whose services are resorted to by a third party to infringe copyright, even where the intermediary’s activity is not infringing in itself. The Copyright Act creates (Art. 32) a compulsory levy on news aggregators, and lastly, it establishes (Art. 138) inducement, contributory and vicarious liability for copyright infringements.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220121022643/http://www.boe.es/buscar/act.php?id=BOE-A-2011-4117&tn=1&p=20141230&vd=#dfcuadragesimatercera
- https://web.archive.org/web/20231216093718/http://www.boe.es/buscar/act.php?id=BOE-A-1996-8930
- https://web.archive.org/web/20231207014054/http://www.boe.es/diario_boe/txt.php?id=BOE-A-2014-11404
- https://web.archive.org/web/20241109065107/https://wilmap.stanford.edu/entries/regulatory-entity-second-section-copyright-commission
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SPAIN
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2022
Since July 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Law 13/2022, General Law on Audiovisual Communication (Ley 13/2022, General de Comunicación Audiovisual)
Law 13/2022, General Law on Audiovisual Communication (Ley 13/2022, General de Comunicación Audiovisual)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Spain, Law 13/2022, General Law on Audiovisual Communication, repealed Law 7/2010 on Audiovisual Communication, transposing the EU Directive on Audiovisual Media Services (AVMS). According to Art. 116 of Law 13/2022, VOD providers in Spain must reserve at least 30% of their catalogue for European works, with at least half of that quota for works in the state's official language or one of the official languages of the Autonomous Communities. Of this sub-quota, 40% must be for works in the official languages of the Autonomous Communities, ensuring at least 10% for each. Additionally, under Art. 119, VOD providers with annual revenues of EUR 50 million or more must allocate 5% of their revenue to finance European audiovisual works, purchase rights, or contribute to relevant funds. The provider must also ensure that 70% of the mentioned percentage goes to independent audiovisual works.
In Spain, Law 13/2022, General Law on Audiovisual Communication, repealed Law 7/2010 on Audiovisual Communication, transposing the EU Directive on Audiovisual Media Services (AVMS). According to Art. 116 of Law 13/2022, VOD providers in Spain must reserve at least 30% of their catalogue for European works, with at least half of that quota for works in the state's official language or one of the official languages of the Autonomous Communities. Of this sub-quota, 40% must be for works in the official languages of the Autonomous Communities, ensuring at least 10% for each. Additionally, under Art. 119, VOD providers with annual revenues of EUR 50 million or more must allocate 5% of their revenue to finance European audiovisual works, purchase rights, or contribute to relevant funds. The provider must also ensure that 70% of the mentioned percentage goes to independent audiovisual works.
Coverage On-demand audiovisual service
SPAIN
Since May 2005
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Order ITC/1542/2005 of 19 May 2005, which approves the National Plan for Internet domain names under the country code corresponding to Spain (".es") (Orden ITC/1542/2005, de 19 de mayo, que aprueba el Plan Nacional de nombres de dominio de Internet bajo el código de país correspondiente a España («.es»))
Only an individual or legal entity with interests in or ties to Spain has the right to acquire a ".es" domain. "Interests" or "ties" in Spain are broadly interpreted and include local presence from individuals and incorporated or unincorporated entities that are based, resident or registered in Spain. Examples are companies which wish to aim their services, either partly or in full, at the Spanish market and those that wish to offer information, products or services that are culturally, historically or socially linked to Spain. The latter is allowed, even if there is no local branch or service that is marketed in Spain.
Coverage Horizontal
SPAIN
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Spain have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
SPAIN
Since June 2016
Since February 2019
Since February 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law 1/2019, of February 20, 2019, on Trade Secrets (Ley 1/2019, de 20 de febrero, de Secretos Empresariales)
Law 1/2019, of February 20, 2019, on Trade Secrets (Ley 1/2019, de 20 de febrero, de Secretos Empresariales)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Spain transposed the Directive through Law 1/2019, of February 20, 2019, on Trade Secrets.
Coverage Horizontal
