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TRINIDAD AND TOBAGO

Since December 1997

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Protection Against Unfair Competition Act
Trinidad and Tobago does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 9 of the Protection Against Unfair Competition Act determines that any act or practice, in the course of industrial or commercial activities, that results in the disclosure, acquisition or use by others of secret information without the consent of the person lawfully in control of that information and in a manner contrary to honest commercial practices shall constitute an act of unfair competition. In addition, Art. 9 defines "secret information" as well as setting out what its disclosure may result from, such as industrial or commercial espionage or breach of contract.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"73670"},{"post_id":"73671"},{"post_id":"73672"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'TT')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

TRINIDAD AND TOBAGO

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
3.79%
Coverage rate of zero-tariffs on ICT goods (%)
60.52%
Coverage: Digital goods

TRINIDAD AND TOBAGO

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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)
Trinidad and Tobago is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

TRINIDAD AND TOBAGO

Since July 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Public Procurement and Disposal of Public Property (Procurement Methods and Procedures) Regulations, 2021
According to Art. 7.3 of the Public Procurement and Disposal of Public Property (procurement Methods and Procedures) Regulation 2021, an invitation may normally be advertised regionally or internationally when (i) the required goods, works, or services are not available from qualified, competent and experienced providers in Trinidad and Tobago at competitive prices; or (ii) it may be necessary to fulfil the terms and conditions of a regional or international treaty or agreement.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since January 2015, last amended in July 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement and Disposal of Public Property Act, 2015
Art. 28 of the Public Procurement and Disposal of Public Property Act provides that a procuring entity may restrict participation in procurement proceedings to foster local industry development and enhance local content. When a procuring entity opts to limit the participation of suppliers or contractors, such restrictions must be clearly indicated and justified within the procurement proceedings. However, the Act does not specify the criteria for excluding foreign companies in order to promote local industry.
Coverage Horizontal

TRINIDAD AND TOBAGO

Reported in 2018, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in tender procedures
It is reported that companies regularly allege that corruption is an obstacle to foreign direct investment, particularly in public procurement, as Trinidad and Tobago's procurement processes are not transparent.
Coverage Horizontal

TOGO

Since 2017

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Togo 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

TOGO

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Togo 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

TOGO

Reported in 2022, last reported in 2023

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 400, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

TOGO

Since June 2017

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2017-07 of 22 June 2017 on Electronic Transactions (Loi No. 2017‐07 du 22 juin 2017 relative aux transactions électroniques)
The law Electronic Transactions Act No. 2017-07 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

TOGO

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Togo has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

TOGO

Reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Togo for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal

TOGO

Since February 1998, last amended in May 2004

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 98-005 on Telecommunications as amended by Law No. 2004-011 (Loi No. 98-005 du 11 février 1998 sur les télécommunications (telle que modifiée par la loi No. 2004-011 du 3 mai 2004))
Type approval procedures in Togo are regulated by the Autorité de régulation des communications électroniques et des postes (ARCEP). It is reported that the conformity requirements are similar to those of the European Union. The homologation process in Togo does not require local laboratory testing or contact with local representatives. The framework governing the approval of telecommunications equipment is outlined in the Telecommunications Law, with Art. 20 granting the Regulatory Authority the power to establish procedures for equipment approval, designate national and international laboratories, and define conditions for recognising technical standards and specifications.
Coverage Telecom equipment

TOGO

Since May 2015

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Instruction No. 008-05-2015 defining the terms and conditions for the exercise of electronic money issuer activities in the WAMU area (Instruction No. 008-05-2015 définissant les conditions et modalités d'exercice des activités d’émetteurs de monnaie électronique dans l'espace UMOA)
According to Art. 31 of Instruction No. 008-05-2015, which establishes the conditions and modalities for carrying out the activities of electronic money issuers in the West African Monetary Union (WAMU) area, the assets in electronic money held by the same identified client with an issuing institution cannot exceed two million FCFA (approx. 3500 USD), unless expressly authorised by the Central Bank.
Coverage Electronic payments

TOGO

Since October 2019

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 2019-014 Relating to the Protection of Personal Data (Loi No. 2019-014 Relative à la Protection des Données à Caractère Personnel)
Art. 21 of Law No. 2019-014 prohibits the processing of sensitive data related to racial or ethnic origin, religious, philosophical, political, or trade union opinions or activities, sex life, health, social measures, prosecutions, or criminal and administrative sanctions (defined in Art. 4). Several exceptions to this prohibition are outlined in Art. 22. These exceptions include cases in which the data has been deliberately made public by the data subject, the data subject has provided explicit written consent in accordance with applicable legal provisions, the processing is necessary to protect the vital interests of the data subject or another person, particularly when the data subject is incapacitated, or the processing is required for the establishment, exercise, or defence of legal claims.
Processing is defined as any operation or set of operations provided for in Art. 2, whether or not carried out using automated processes and applied to data, such as collection, exploitation, recording, organisation, conservation, adaptation, modification, extraction, storage, copying, consultation, use, communication by transmission, dissemination or otherwise making available, alignment or combination, as well as the blocking, encryption, erasure or destruction of personal data (Art. 4).
Coverage Horizontal

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