SLOVAKIA
Reported in 2018, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
A lack of transparency in public procurement procedures is reported as a significant challenge in Slovakia. This perceived opacity, combined with the excessive length and complexity of tender verification and appeal processes, hinders broad participation by potential bidders. Additionally, "lock-in" contracts, where the Slovakian Government initially commits to procuring a basic service and then expands the contract to include additional services, continue to restrict foreign firms' access to public procurement, particularly in the information technology sector.
Coverage Horizontal
SLOVAKIA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that in Slovakia, both local and foreign private entities can establish and own businesses with no limits on foreign ownership.
Coverage Horizontal
SLOVAKIA
Since December 2022, entry into force in March 2023
Since February 2023, entry into force in March 2023
Since February 2023, entry into force in March 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act No. 497/2022 Coll. on the Screening of Foreign Investments and on Amendments to Certain Acts. (Zákon č. 497/2022 o preverovaní zahraničných investícií a o zmene a doplnení niektorých zákonov)
Regulation of the Government of the Slovak Republic No. 61/2023 Laying Down the Critical Foreign Investments (Nariadenie vlády Slovenskej republiky č. 61/2023, ktorým sa ustanovujú kritické zahraničné investície)
Regulation of the Government of the Slovak Republic No. 61/2023 Laying Down the Critical Foreign Investments (Nariadenie vlády Slovenskej republiky č. 61/2023, ktorým sa ustanovujú kritické zahraničné investície)
In Slovakia, Regulation 2019/452 is transposed by Act No. 497/2022 on the Screening of Foreign Investments (the FDI Act), which replaces the previous regime under Act No. 45/2011 Coll. on Critical Infrastructure. Effective since March 2023, the FDI Act mandates that foreign investors, including legal entities registered outside the EU and non-EU individuals, obtain prior approval from the Ministry of Economy if their intended investment qualifies as foreign investment.
According to Art. 2, foreign investment includes any investment that enables the investor to acquire a Slovak target or critical assets, gain effective participation (voting rights or registered capital) in a Slovak target (10% for critical foreign investments and 25% for non-critical investments), increase participation to specific thresholds (20%, 33%, or 50% for critical investments and 50% for non-critical investments), or exercise control over a Slovak target.
The law outlines three screening regimes:
- Compulsory screening for critical investments, requiring prior FDI approval before closing.
- Voluntary screening for non-critical investments, where a notification must be submitted before closing, allowing closure even if FDI proceedings are ongoing.
- Ex officio screening for all foreign investments that may threaten or disrupt security or public order in Slovakia or the EU, applicable within two years after closing (with no time limit for critical investments).
Additionally, Arts. 11-15 specify that investments in certain fields may be classified as foreign critical investments, requiring prior approval from the Ministry of Economy. Government Regulation No. 61/2023 Coll. identifies critical sectors, including the operation and management of critical infrastructure; cybersecurity services; digital services related to online markets, search engines, and cloud computing; production and research in encryption technologies; specific broadcasting media; online content-sharing platforms with annual revenues exceeding EUR 2 million; publishing large-scale periodic press or news agencies; and operating online news portals.
According to Art. 2, foreign investment includes any investment that enables the investor to acquire a Slovak target or critical assets, gain effective participation (voting rights or registered capital) in a Slovak target (10% for critical foreign investments and 25% for non-critical investments), increase participation to specific thresholds (20%, 33%, or 50% for critical investments and 50% for non-critical investments), or exercise control over a Slovak target.
The law outlines three screening regimes:
- Compulsory screening for critical investments, requiring prior FDI approval before closing.
- Voluntary screening for non-critical investments, where a notification must be submitted before closing, allowing closure even if FDI proceedings are ongoing.
- Ex officio screening for all foreign investments that may threaten or disrupt security or public order in Slovakia or the EU, applicable within two years after closing (with no time limit for critical investments).
Additionally, Arts. 11-15 specify that investments in certain fields may be classified as foreign critical investments, requiring prior approval from the Ministry of Economy. Government Regulation No. 61/2023 Coll. identifies critical sectors, including the operation and management of critical infrastructure; cybersecurity services; digital services related to online markets, search engines, and cloud computing; production and research in encryption technologies; specific broadcasting media; online content-sharing platforms with annual revenues exceeding EUR 2 million; publishing large-scale periodic press or news agencies; and operating online news portals.
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://web.archive.org/web/20230209050359/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4172/slovakia-expands-its-fdi-screening-regime-
- https://web.archive.org/web/20241109053612/https://www.zakonypreludi.sk/zz/2023-61
- https://web.archive.org/web/20241211212506/https://www.lexology.com/library/detail.aspx?g=e92ca02b-5e8f-4583-bcf6-208242afc540&
- https://web.archive.org/web/20231004220428/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4172/slovakia-expands-its-fdi-screening-regime-
- https://web.archive.org/web/20240522213605/https://www.wolftheiss.com/insights/new-fdi-screening-regime-in-the-slovak-republic/
- https://web.archive.org/web/20240418111139/https://www.whitecase.com/insight-our-thinking/foreign-direct-investment-reviews-2024-slovakia
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SLOVAKIA
Since October 2001, last amended in October 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and Amendment of Some Acts (Patent Act) Zakon 435/2001 Z. z. o patentoch, dodatkových ochranných osvedčeniach a o zmene a doplnení niektorých zákonov (patentový zákon)
According to Art. 79.2 of the Patent Act, any person without a permanent residence or registered office in the territory of the Slovak Republic must be represented by a lawyer or a patent attorney in proceedings before the Industrial Property Office, including in matters concerning the submission of translations. This requirement for mandatory representation does not apply to participants who are citizens of, or have a registered office or business establishment in, a contracting state of the Agreement on the European Economic Area. However, such participants are required to notify the Office of an address for service within the territory of the Slovak Republic.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211212716/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/sk/sk140en_1.pdf
- https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2001/435/
- https://www.indprop.gov.sk/en/patents/european-patents/classical-european-patent/representation-of-owners-of-european-patent-applications-and-european-patents-intended-for-the-slovak-republic
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SLOVAKIA
Since January 1993
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Slovakia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SLOVAKIA
Since May 2015
Since July 2015, last amended in December 2022
Since July 2015, last amended in December 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. Member States have transposed the Directive with significant freedom. The Copyright Act provides for a wide list of exceptions.
Coverage Horizontal
Horizontal
Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20241211213926/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/sk/sk/sk145sk.pdf
- https://web.archive.org/web/20231130005837/http://copyrightblog.kluweriplaw.com/2016/02/29/slovakia-adopts-a-new-copyright-act-its-a-mixed-bag-part-i/
- https://web.archive.org/web/20220521223712/https://euipo.europa.eu/ohimportal/en/web/observatory/faq-sk#faqanchor_SK
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SLOVAKIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovakia ratified the Treaty on 14 January 2000, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
SLOVAKIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovakia ratified the Treaty on 14 January 2000, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
SLOVAKIA
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)
0.75%
Coverage rate of zero-tariffs on ICT goods (%)
76.84%
Coverage: ICT goods
SLOVAKIA
Since March 2004, last amended in February 2014
Since November 2015, last amended in November 2024
Since November 2015, last amended in November 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Act No. 343/2015 on Public Procurement and Amending Certain Acts (Zákon č. 343/2015 Z. z. o verejnom obstarávaní a o zmene a doplnení niektorých zákonov)
Act No. 343/2015 on Public Procurement and Amending Certain Acts (Zákon č. 343/2015 Z. z. o verejnom obstarávaní a o zmene a doplnení niektorých zákonov)
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 Slovakia, the Directive has been transposed through Act No. 343/2015 on Public Procurement and its amendments, complemented by Decree No. 153/2016 of the Public Procurement Office, which establishes the monetary thresholds determining when public contracts, concessions, and design contests must comply with EU procurement procedures.
In Slovakia, the Directive has been transposed through Act No. 343/2015 on Public Procurement and its amendments, complemented by Decree No. 153/2016 of the Public Procurement Office, which establishes the monetary thresholds determining when public contracts, concessions, and design contests must comply with EU procurement procedures.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20220131085811/https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2015/343/
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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SIERRA LEONE
Since August 2011
Since August 2009
Since August 2009
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Customs Act, 2011 (No. 9)
Goods and Services Tax Act, 2009 (No. 6)
Goods and Services Tax Act, 2009 (No. 6)
Sierra Leone does not apply the de minimis rule, that is the minimum value of goods below which customs do not charge duties. According to Section 24 of the Customs Act, levies are charged and collected on all goods imported into the country. Also, the value of an imported good is not a criterion for exemption, according to Section 11 of the Goods and Services Tax Act. It is, however, reported that there is an informal threshold of USD 100.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221012141648/https://www.nra.gov.sl/sites/default/files/Cutoms-Act-2011.pdf
- https://web.archive.org/web/20230619032309/http://www.sierra-leone.org/Laws/2009-06.pdf
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
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SIERRA LEONE
Since September 2020
Since January 2020
Since January 2020
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act, 2020 (No. 7)
Electronic Transactions Act, 2019 (No. 11)
Electronic Transactions Act, 2019 (No. 11)
The Consumer Protection Act 2020 (No. 7) and the Electronic Transactions Act 2019 (No. 11) provide a comprehensive framework for consumer protection that also applies to online transactions. Although online purchases are not explicitly mentioned in the Consumer Protection Act, the law seems to apply to the supply of all goods and services in trade or commerce in the country, according to Section 1 of the Act. On the other hand, Sections 13-21 of the Electronic Transaction Act specifically make provisions for consumer protection in electronic transactions.
Coverage Horizontal
SIERRA LEONE
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Sierra Leone has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SIERRA LEONE
Since 2019
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Sierra Leone 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
