SOMALIA
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)
Somalia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). Somalia 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.kommerskollegium.se/globalassets/publikationer/rapporter/2024/advancing-the-green-transition.pdf
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SLOVENIA
Since June 2014
Since March 1998
Since March 1998
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act (Zakon o varstvu potrošnikov (ZVPot))
Consumer Protection Act (Zakon o varstvu potrošnikov (ZVPot))
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act.
Coverage Horizontal
SLOVENIA
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
Slovenia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SLOVENIA
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Slovenia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
SLOVENIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Slovenia 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
SLOVENIA
Since July 2000
Since June 2006, last amended in February 2023
Since June 2006, last amended in February 2023
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231211230500/http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4600
- https://web.archive.org/web/20240414230705/https://wilmap.stanford.edu/entries/electronic-commerce-market-act
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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SLOVENIA
Since July 2000
Since June 2006, last amended in February 2023
Since June 2006, last amended in February 2023
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231211230500/http://pisrs.si/Pis.web/pregledPredpisa?id=ZAKO4600
- https://web.archive.org/web/20240414230705/https://wilmap.stanford.edu/entries/electronic-commerce-market-act
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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SLOVENIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since November 2011, as amended in December 2021
Since November 2011, as amended in December 2021
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)
Act on Audiovisual Media Services (ZAvMS) (Zakon o avdiovizualnih medijskih storitvah (ZAvMS))
Act on Audiovisual Media Services (ZAvMS) (Zakon o avdiovizualnih medijskih storitvah (ZAvMS))
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 Slovenia, the EU Directive was transposed into domestic law through the amendment of the Act on Audiovisual Media Services of December 2021 (Act on Amendments to the Act on Audiovisual Media Services (ZAvMS-B)). According to Art. 16.2 of the Act, at least 30% of the works in the programme catalogue of an on-demand audiovisual media service provider in a given calendar year must consist of European audiovisual works. In addition, Slovenian audiovisual works must make up at least 5% of the total works in the catalogue. For these calculations, individual works are defined as feature films, complete seasons of television series, and similar content.
The guidelines issued by the Commission on the calculation of the share of European works in on-demand catalogues must be followed when determining these quotas. Furthermore, as stipulated in Art. 16.5, news, sports events (live or recorded), games, advertising, teleshopping, and teletext services are excluded from the programme catalogue calculation. Slovenia has not imposed financial contribution obligations on VOD service providers.
In Slovenia, the EU Directive was transposed into domestic law through the amendment of the Act on Audiovisual Media Services of December 2021 (Act on Amendments to the Act on Audiovisual Media Services (ZAvMS-B)). According to Art. 16.2 of the Act, at least 30% of the works in the programme catalogue of an on-demand audiovisual media service provider in a given calendar year must consist of European audiovisual works. In addition, Slovenian audiovisual works must make up at least 5% of the total works in the catalogue. For these calculations, individual works are defined as feature films, complete seasons of television series, and similar content.
The guidelines issued by the Commission on the calculation of the share of European works in on-demand catalogues must be followed when determining these quotas. Furthermore, as stipulated in Art. 16.5, news, sports events (live or recorded), games, advertising, teleshopping, and teletext services are excluded from the programme catalogue calculation. Slovenia has not imposed financial contribution obligations on VOD service providers.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20240901061710/https://pisrs.si/pregledPredpisa?id=ZAKO6225
- https://web.archive.org/web/20241109062524/https://pisrs.si/pregledPredpisa?id=ZAKO8476
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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SLOVENIA
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
SLOVENIA
N/A
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
The government of Slovenia owns 62.54% of Telekom Slovenije, the major incumbent telecommunications operator. State-owned entities Kapitalska druzba (KAD) and Slovenian Sovereign Holding (SDH) respectively hold a further 5.59% and 4.25% in Telekom Slovenije.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119073610/https://www.telekom.si/o-podjetju/devetmesecna-porocila/Unaudited-business-report-of-the-TSG-and-TS-I-IX-2021.pdf
- https://web.archive.org/web/20230331130814/https://developingtelecoms.com/telecom-business/operator-news/12704-slovenia-exploring-sale-of-telekom-slovenije-stake.html
SLOVENIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Slovenia does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required in certain cases. According to Art. 25 of the Electronic Communications Act, the Agency may impose an obligation on a specific network operator with significant market power to keep accounting records in relation to specified activities relating to interconnection and/or operator access separate from accounting records for other activities.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100088&s=3109
- https://web.archive.org/web/20231227194446/http://www.akos-rs.si/
- https://web.archive.org/web/20120412215905/https://www.itu.int/ITU-D/tech/OLD_TND_WEBSITE/digital-broadcasting_OLD/Bulgaria_Assistance_Transition/Slovenia/ELECTRONIC_COMMUNICATIONS_ACT_Official_consol...
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SLOVENIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS), 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
SLOVENIA
Since December 2022, entry into force in January 2023
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Personal Data Protection Act (ZVOP-2) (Zakon o varstvu osebnih podatkov (ZVOP-2))
Arts. 23.1 and 23.4 of the ZVOP-2 stipulate that personal data specified in legislation governing administrative internal affairs, financial administration, citizenship, the Slovenian Intelligence and Security Agency, defence, healthcare, compulsory health insurance, the exercise of rights arising from public funds, and criminal and misdemeanour records, must not be stored outside the territory of Slovenia.
Coverage Public sector
Sources
- https://web.archive.org/web/20250729030220/https://pisrs.si/pregledPredpisa?id=ZAKO7959
- https://www.dataguidance.com/notes/slovenia-privacy-overview
- https://web.archive.org/web/20250729030231/https://inplp.com/latest-news/article/as-the-last-eu-state-slovenia-passed-personal-data-protection-act/
- https://web.archive.org/web/20250729030331/https://www.dlapiperdataprotection.com/?t=breach-notification&c=SI#insight
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SLOVENIA
Since April 2016, entry into force in May 2018
Since December 2022, entry into force in January 2023
Since December 2022, entry into force in January 2023
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Personal Data Protection Act 2022 (ZVOP-2) (Zakon o varstvu osebnih podatkov (ZVOP-2))
Personal Data Protection Act 2022 (ZVOP-2) (Zakon o varstvu osebnih podatkov (ZVOP-2))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Slovenia implemented the GDPR with the Personal Data Protection Act.
Coverage Horizontal
SLOVENIA
Since February 2018, as amended in July 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Investment Promotion Act (Zakon o spodbujanju investicij (ZSInv))
The Investment Promotion Act, as amended by the Act on Amendments and Additions to the Investment Promotion Act (Slovenian FDI Control Rules), supersedes the temporary FDI framework previously established under the Act defining intervention measures to mitigate and address the impacts of the COVID-19 pandemic (Official Gazette of the Republic of Slovenia, No. 80/20). Under the revised Art. 31 of the Investment Promotion Act, foreign acquisitions in "critical sectors" that meet specific criteria are required to be notified to and reviewed by a Notification Commission established by the Ministry of the Economy, Tourism, and Sport. These criteria include: (i) direct or indirect acquisitions of at least 10% of the share capital or voting rights of a corporate entity registered in Slovenia, and (ii) investments in tangible or intangible assets for the establishment of a new corporate entity in Slovenia, where the foreign investor acquires, directly or indirectly, at least 10% of the share capital or voting rights of the newly established entity.
Art. 31.c of the law specifies that sectors and activities of special focus include: (i) critical physical or virtual infrastructure, such as communications, media, and data processing or storage; (ii) critical technologies and dual-use products, including artificial intelligence, semiconductors, and cybersecurity; and (iii) information and communications technology.d
Art. 31.c of the law specifies that sectors and activities of special focus include: (i) critical physical or virtual infrastructure, such as communications, media, and data processing or storage; (ii) critical technologies and dual-use products, including artificial intelligence, semiconductors, and cybersecurity; and (iii) information and communications technology.d
Coverage Critical sectors
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://pisrs.si/pregledPredpisa?id=ZAKO7634
- https://web.archive.org/web/20241109060533/https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2023-01-2089/zakon-o-spremembah-in-dopolnitvah-zakona-o-spodbujanju-investicij-zsinv-c?h=ZSInv-C
- https://web.archive.org/web/20231209024605/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/slovenia
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