Database

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MADAGASCAR

Since January 2017

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2016-055 of 25 January 2017 on the Public Procurement Code (Loi No. 2016-055 du 25 Janvier 2017 portant Code des Marchés Publics)
According to Art. 49-I and II of Law No. 2016-055, any contracting authority may apply a margin of preference not exceeding 15% to a tender submitted by an international tenderer who intends to subcontract at least 25% of the overall value of the contract concerned to a local or community small and medium-sized enterprise (SMEs). Moreover, in awarding a contract with an international scope, preference may be given to the tender submitted by a national company. This preference shall be quantified as a percentage of the tender value.
Coverage Horizontal

MADAGASCAR

Reported in 2021, 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
It is reported that numerous government procurement deals occur outside the formal tendering process, despite regulations are in place to prevent conflicts of interest in public procurement. Furthermore, despite legal provisions stating that private enterprises engaging in corrupt practices to obtain permits, licenses, or authorisations are barred from government procurement, multiple reports highlight instances of corruption within the public procurement sector that have adversely affected foreign companies. Additionally, contractors involved in government infrastructure projects have expressed dissatisfaction due to delayed payments, which have disrupted their operations.
Coverage Horizontal

MADAGASCAR

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)
Madagascar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

LUXEMBOURG

Since June 2014
Since April 2011

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Law of 8 April 2011 Introducing a Consumer Code (Loi du 8 Avril 2011 Portant Introduction d'un Code de la Consommation)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law of April 8, 2011 introducing a Consumer Code.
Coverage Horizontal

LUXEMBOURG

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
Luxembourg has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

LUXEMBOURG

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Luxembourg 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

LUXEMBOURG

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Luxembourg 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

LUXEMBOURG

Since December 2021

Pillar Intermediary liability  |  Indicator User identity requirement
Law of 17 December 2021 on Electronic Communications Networks and Services (Loi du 17 Décembre 2021 Sur les Réseaux et les Services de Communications Électroniques)
Telecom service providers are required, pursuant to Art. 116 of the Law on electronic communications networks and services to collect the personal data of customers of a prepaid service. The provider shall collect the surname, first name, place of habitual residence, place and date of birth of the person. Additionally, the provider shall collect the type, country of issue and number of the person's identity document, as well as a copy of that identity document. In the case of a legal person, the business name, address of place of business and the identity of the person acting as a legal representative must be collected. For both legal and natural persons, the type of service, call number, and - if a SIM card is used, the number of the SIM card is also collected.
Coverage Telecommunications service providers

LUXEMBOURG

Since April 2019
Since April 2001, as amended in April 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Law of 18 April 2001 on Copyright, Related Rights and Databases (Loi du 18 Avril 2001 Sur les Droits d’Auteur, les Droits Voisins et les Bases de Données)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Copyright, Neighbouring Rights and Databases Act was amended in 2022, giving Royal Assent, making providers of online content sharing services partially liable for copyright infringements on their platforms.
Coverage Online content sharing service

LUXEMBOURG

Since May 2009
Since April 1977

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law of May 22, 2009 relating to the Grand Duchess Charlotte National Relief Organization and the National Lottery (Loi du 22 mai 2009 relative à l'Œuvre Nationale de Secours Grande-Duchesse Charlotte et à la Loterie Nationale)

Law Dated 20 April 1977 on The Operation of a Business of Games of Chance (Loi du 20 avril 1977 relative à l'exploitation des jeux de hasard et des paris relatifs aux épreuves sportives)
The current gambling laws do not distinguish between online games and land-based games. However, the National Lottery (Loterie Nationale) has a de facto monopoly in the online gambling market as it is the only entity carrying out online activities in Luxembourg under a licence. This de facto monopoly is reported to be a significant restriction on online gambling operators.
Coverage Online gambling

LUXEMBOURG

Since March 2010, entry into force in May 2010, last amended in 2018
Since February 2010, as amended in July 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)

Grand-Ducal Regulation of 5 April 2001 (Règlement grand-ducal du 1er février 2010)
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 Luxembourg, the EU Directive was transposed into domestic law through the amendment of the Grand-Ducal Regulation of July 2021 (Amended Grand-Ducal Regulation of 5 April 2001 on the promotion of European works in audiovisual media services). According to Art. 5bis of the Regulation, providers of on-demand audiovisual media services must secure at least a 30% share of European works in their catalogues and ensure the prominence of these works. Additionally, Luxembourg has not implemented financial contribution obligations for VOD service providers.
Coverage On-demand audiovisual service

LUXEMBOURG

Since July 2000
Since 2000

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law on Electronic Commerce (Loi du 14 Août 2000 Relative au Commerce Électronique)
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.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with the liability of Internet Service Providers and implements almost verbatim Arts. 12-15 of the E-Commerce Directive.
Coverage Internet Service Providers

LUXEMBOURG

Since July 2000
Since 2000

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Law on Electronic Commerce (Loi du 14 Août 2000 Relative au Commerce Électronique)
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.
In Luxembourg, the Law on Electronic Commerce (Section VI, Articles 60 to 63) deals with the liability of Internet Service Providers and implements almost verbatim Arts. 12-15 of the E-Commerce Directive.
Coverage Internet Service Providers

LUXEMBOURG

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Luxembourg have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

LUXEMBOURG

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 Luxembourg 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

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