HONDURAS
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive data protection regime
There is no comprehensive data protection law in Honduras. The Law for the Protection of Confidential Personal Data is currently being discussed in the Honduran Congress. Personal data is mainly regulated under the Law of Transparency and Access to Public Information (Decree No. 170 – 2006), which introduced some accountability for those public entities who mishandled confidential personal data. In addition, the General Regulations of the Framework Law for the Telecommunications Sector defines seizing, using or modifying the reserved data of a private nature as very serious offences that are subject to administrative sanctions by the National Telecommunication Commission of Honduras (CONATEL) and the Public Ministry. Moreover, the Criminal Code imposes criminal responsibility for infringing privacy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230209190923/https://www.tsc.gob.hn/web/leyes/Ley_de_Transparencia.pdf
- https://web.archive.org/web/20220314152838/https://www.dataguidance.com/notes/honduras-data-protection-overview
- https://web.archive.org/web/20221209062302/https://cei.iaip.gob.hn/doc/Anteproyecto%20de%20Ley%20de%20Proteccion%20de%20Datos%20Personales%20y%20Accion%20de%20Habeas%20Data%20de%20Honduras%20%20Final%...
- https://web.archive.org/web/20230131121731/https://www.tsc.gob.hn/web/leyes/Decreto_130-2017.pdf
- https://web.archive.org/web/20230201063745/https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
- Show more...
HONDURAS
Since May 2011
Pillar Domestic data policies |
Sub-pillar 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 of Internet Service or Access to Computer Networks, operators of Internet services or providing access to computer networks should conserve IP addresses for at least one year to serve as a source for judicial investigation.
Coverage Operators of Internet services
HONDURAS
Since June 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Honduras is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
HONDURAS
Since January 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Related Rights Law (Ley del Derecho de Autor y de los Derechos Conexos)
Honduras 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. Arts. 46-57 of the Copyright and Related Rights Law lists the exceptions for the lawful use of the copyrighted work by others without obtaining permission.
Coverage Horizontal
HONDURAS
Reported in 2018, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of effective protection of copyright online
Copyright is not adequately enforced online in Honduras. It is reported that while the legislative framework for the protection of intellectual property rights, which includes the Honduran copyright law and its industrial property law, is generally adequate, the laws are often not effectively implemented. In particular, there are concerns with respect to online and software piracy, as well as cable signal piracy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331234500/https://www.state.gov/reports/2017-investment-climate-statements/honduras/
- https://web.archive.org/web/20240703214444/https://ustr.gov/sites/default/files/2024%20NTE%20Report_1.pdf
- https://web.archive.org/web/20231206061701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- Show more...
HONDURAS
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
HONDURAS
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal
HONDURAS
Since January 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
According to the Art. 78 of Decree No. 12-99, industrial secrets are protected against disclosure. However, disclosure may be required by the state authority when necessary to protect the public, but they must ensure that the data or information is protected against unfair commercial use by third parties.
Coverage Horizontal
HONDURAS
Since Since May 2019, last amended in 2021
Since January 2000
Since January 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Decree No. 130-2017 - Criminal Code (Decreto No. 130-2017 - Código Penal)
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
Decree No. 130-2017 and Decree No.12-99 provide a framework for effective protection of trade secrets. According to the Art. 395 of Decree No. 130-2017, prison and penalty fees should be sentenced to those who obtain commercial secrets illegally. In addition, according to the Art. 75, 163 and 165 of Decree No. 12-99, the legitimate holder of an industrial secret has the right to take action to prevent secrets from infringement.
Coverage Horizontal
HONDURAS
Since December 1995, last amended in February 2014
Since December 2002
Since December 2022
Since December 2002
Since December 2022
Pillar Telecom infrastructure & competition |
Sub-pillar 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. NR006/22 - Network Access and Network Sharing Regulation (Resolución No. NR006/22 - Reglamento de Acceso y Uso Compartido de Redes)
General Regulation of the Framework Law for the Telecommunications Sector (Reglamento General de la Ley Marco del Sector de Telecomunicaciones)
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 requires telecommunications sector operators and telecommunications network providers to provide access, on equal terms, to other operators and users in the same or similar circumstances. Furthermore, Art. 186 of the General Regulation of the Framework Law for the Telecommunications Sector establishes the obligation to grant access to both passive and active infrastructure. The Network Access and Network Sharing Regulation, enacted in 2022, was designed to enforce the aforementioned provisions.
Coverage Telecommunications sector
HONDURAS
Since June 2001
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)
According to Art. 7 of Decree No. 74-2001, all potential bidders that comply with the legal and regulatory requirements shall be able to participate in the administrative contracting procedures under equal conditions and without being subject to any restriction not derived from technical and objective specifications of the tendered object. Yet, in the application of this principle with respect to foreign bidders, the principle of reciprocity shall be observed. However, as provided in Art. 42, when special technical requirements or other reasons justify the participation of foreign contractors, the works or supplies shall be procured through international competitive bidding.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240413064135/https://www.wto.org/english/tratop_e/tpr_e/s443_e.pdf
- https://web.archive.org/web/20230131093810/http://oncae.gob.hn/archivos/category/6-normas-de-contratacion?download=7:ley-de-contratacio-n-del-estado-revisada-diciembre-2016
- https://web.archive.org/web/20230524004934/https://www.oncae.gob.hn/biblioteca-virtual/normativa-legal
- Show more...
HONDURAS
Since June 2001
Since May 2002, last amended in 2018
Since May 2002, last amended in 2018
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)
Executive Decision No. 055-2002 - Regulation of the State Contracting Law (Acuerdo Ejecutivo No. 055-2002 - Reglamento Ley de Contratación del Estado)
Executive Decision No. 055-2002 - Regulation of the State Contracting Law (Acuerdo Ejecutivo No. 055-2002 - Reglamento Ley de Contratación del Estado)
Art. 53 of the State Contracting Law and Art. 128 of its Regulation stipulate that when foreign entities participate in procurement processes, Honduras applies price preferences in favour of Honduran suppliers. For goods and services, applicable tariffs or other charges are added to the price. If the goods or services are exempt from such charges, 15% is added to the price. These preferences apply to goods with at least 40% domestic content in the final price.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230131093810/http://oncae.gob.hn/archivos/category/6-normas-de-contratacion?download=7:ley-de-contratacio-n-del-estado-revisada-diciembre-2016
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S443R1.pdf&Open=True
- https://www.globalpublicprocurementdata.org/gppd/country_profile/HN
- https://web.archive.org/web/20230524004934/https://www.oncae.gob.hn/biblioteca-virtual/normativa-legal
- Show more...
HONDURAS
Since June 2001
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)
According to Art. 149 of Decree No. 74-2001, foreign companies are required to involve national companies in the execution of projects in the country when it is in the public interest, as outlined in the contract specifications. Additionally, Arts. 150-151 state that, to facilitate technology transfer, officials overseeing bids must ensure that foreign companies or individuals provide opportunities and responsibilities to national professionals. Furthermore, consulting contracts signed by foreign companies must be executed in Honduras, allowing for the participation of national personnel, as specified in the terms of reference
Coverage Horizontal
HONDURAS
Since January 2009
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 135-2008 (Decreto No. 135-2008)
According to Art. 25 of Decree No. 135-2008, the general State budget must provide for 30% MSME participation in state purchases (goods, services and works). However, it is reported that it is not known whether this provision is implemented.
Coverage Horizontal
HONDURAS
Reported in 2022, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Complaints about bidding procedures
It has been reported that winning contracts with the Honduran government can be challenging, even for large companies. Some foreign firms have complained of mismanagement, bureaucratic delays, inadequate notification procedures, excessive direct contracting on the part of the government, and lack of transparency in the bidding process.
Coverage Horizontal