NETHERLANDS
Since July 1979
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The Netherlands is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
NETHERLANDS
Since May 2001
Since September 1912, as amended in December 2001
Since September 1912, as amended in December 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Auteurswet)
Copyright Act (Auteurswet)
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. The Directive has been transposed by Member States with significant freedom.
Directive 2001/29/EC was implemented in the Netherlands through the Copyright Act with a closed system of carefully defined copyright limitations.
Directive 2001/29/EC was implemented in the Netherlands through the Copyright Act with a closed system of carefully defined copyright limitations.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20220217102853/https://wetten.overheid.nl/BWBR0001886/2021-06-07
- https://web.archive.org/web/20211026022343/https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1563986
- Show more...
NETHERLANDS
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)
0.46%
Coverage rate of zero-tariffs on ICT goods (%)
79.71%
Coverage: ICT goods
NETHERLANDS
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
In March 2023, the Dutch government prohibited civil servants from installing TikTok on work devices, citing concerns over potential espionage linked to the app's Chinese ownership. The decision followed an assessment by the national intelligence agency (AIVD), which identified apps from countries with aggressive cyber programs—such as China, Russia, Iran, and North Korea—as posing heightened security risks. While the policy did not name TikTok explicitly, it discouraged the use of applications from these nations on government-issued phones . This move aligned the Netherlands with other Western countries implementing similar restrictions on the Chinese-owned platform.
Coverage TikTok
Sources
NETHERLANDS
Since March 2004, last amended in February 2014
Since November 2012, entry into force in April 2013, last amended in March 2022
Since November 2012, entry into force in April 2013, last amended in March 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Act (2012) (Aanbestedingswet 2012)
Public Procurement Act (2012) (Aanbestedingswet 2012)
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.
The Public Procurement Act transposes the restriction on foreign goods as established by the Utilities Directive (2014/25/EU) into law. A contracting authority or a “special sector company”, i.e. legal persons or institutions that provide privatised public services, may reject any tender submitted for the purpose of awarding a supply contract if the proportion of goods originating in third countries (with which the EU does not have international commitments) exceeds 50% of the total value of the goods to which such tender relates (Public Procurement Act, Art. 3.76).
The Public Procurement Act transposes the restriction on foreign goods as established by the Utilities Directive (2014/25/EU) into law. A contracting authority or a “special sector company”, i.e. legal persons or institutions that provide privatised public services, may reject any tender submitted for the purpose of awarding a supply contract if the proportion of goods originating in third countries (with which the EU does not have international commitments) exceeds 50% of the total value of the goods to which such tender relates (Public Procurement Act, Art. 3.76).
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220326034132/https://wetten.overheid.nl/BWBR0032203/2022-01-01/#Deel2
- https://web.archive.org/web/20220901023631/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN
- 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
- Show more...
NETHERLANDS
Since November 2012, entry into force in April 2013, last amended in March 2022
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act (2012) (Aanbestedingswet 2012)
According to Art. 4 of the Public Procurement Act, tenderers may be asked to submit a 'declaration of conduct', which provides evidence that there are no legal objections to an entrepreneur bidding for a tender (for instance, because of criminal proceedings). Foreign firms are ineligible to apply for a Dutch declaration of conduct, but an equivalent declaration from the country in which the tenderer is based is sufficient. In the absence of this document, it may be replaced by a sworn statement. It is reported that the process of gaining a type of 'declaration of conduct' can be burdensome for both domestic and foreign firms.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220326034156/https://wetten.overheid.nl/BWBR0032203/2022-01-01/#Deel2
- https://web.archive.org/web/20231211144450/https://www.pianoo.nl/en/legal-framework-procurement-netherlands
- https://web.archive.org/web/20220119042339/https://ec.europa.eu/regional_policy/sources/policy/how/improving-investment/public-procurement/study/country_profile/nl.pdf
- https://web.archive.org/web/20230330015438/https://www.pianoo.nl/nl/regelgeving/gedragsverklaring-aanbesteden
- Show more...
NETHERLANDS
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Local representation requirement
It has been reported that local representation is a de facto requirement in public procurement procedures.
Coverage Horizontal
NETHERLANDS
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 there are no specific restrictions on foreign ownership or control and no sectoral limitations. The country conducts a general review of foreign investments, similar to that applied to domestic investments.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240519083706/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/netherlands
- https://web.archive.org/web/20230923035806/https://www.linklaters.com/en/insights/blogs/foreigninvestmentlinks/2022/october/the-netherlands-initiates-a-general-foreign-investment-screening-regime
NETHERLANDS
Since May 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Ministerial Decree regarding Unwanted Control Telecommunication (Besluit Ongewenste Zeggenschap Telecommunicatie)
In 2020, the Ministerial Decree regarding Unwanted Control Telecommunication was passed. Parties that intend to acquire a controlling interest through an investment in a Dutch telecommunications company are obliged to notify the Minister of Economic Affairs and Climate. A transaction can lead to a controlling interest when: 1) the investing party obtains a 30% share of the stakeholders’ voting rights, 2) the investing party can appoint/dismiss more than 50% of the company's board, 3) the investing party obtains at least one share with special statutory rights regarding the control of the company, 4) the assets become part of the telecom branch of the buyer.
If the minister finds that the predominant control of the party may lead to a threat to the public interest (for instance, when there is a strong presumption that the party aims to cause intentional failure of the telecommunications system), they can prohibit the investment. If the investor is able to take measures that remove the minister’s objections, the investment can continue. The notification requirement applies regardless of the nationality of the acquirer or acquirers.
If the minister finds that the predominant control of the party may lead to a threat to the public interest (for instance, when there is a strong presumption that the party aims to cause intentional failure of the telecommunications system), they can prohibit the investment. If the investor is able to take measures that remove the minister’s objections, the investment can continue. The notification requirement applies regardless of the nationality of the acquirer or acquirers.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231211235512/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/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://web.archive.org/web/20211104115443/https://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157946.pdf
- https://web.archive.org/web/20210209115815/https://www.state.gov/reports/2020-investment-climate-statements/netherlands/
- https://web.archive.org/web/20221017005356/http://zoek.officielebekendmakingen.nl/stb-2020-165.html
- https://web.archive.org/web/20240228235443/https://www.debrauw.com/articles/investment-screening-in-the-dutch-telecoms-sector-as-of-1-october-2020
- https://web.archive.org/web/20221014230232/https://www.stibbe.com/nl/publications-and-insights/publicatie-en-inwerkingtreding-wet-ongewenste-zeggenschap
- Show more...
NETHERLANDS
Since June 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Investments, Mergers, and Acquisitions Security Screening Act (Vifo Act) (Wet veiligheidstoets investeringen, fusies en overnames" (Wet Vifo))
In June 2023, the Investments, Mergers, and Acquisitions Security Screening Act (Vifo Act) came into effect to assess and manage the security implications of investments, mergers, and acquisitions within the Netherlands. This Act aims to protect national security by screening transactions that may pose risks to critical infrastructure, sensitive technologies, or other vital sectors (Arts. 11 and 12). As stipulated, investment activities in companies providing certain designated critical activities (“vital providers”), managers of business campuses, and companies that provide sensitive technology must be notified to the Bureau for Verification of Investments.
Under the Act, authorities can intervene or block transactions that may threaten national security. Vital providers, as defined by Art. 7, include specific financial market infrastructure providers, such as trading platforms. Additionally, the Minister may designate other technologies as sensitive through an order in the council (Art. 8). The Decree in the Scope of Application of Sensitive Technology identifies semiconductor technology and High Assurance information security products as sensitive technologies.
Under the Act, authorities can intervene or block transactions that may threaten national security. Vital providers, as defined by Art. 7, include specific financial market infrastructure providers, such as trading platforms. Additionally, the Minister may designate other technologies as sensitive through an order in the council (Art. 8). The Decree in the Scope of Application of Sensitive Technology identifies semiconductor technology and High Assurance information security products as sensitive technologies.
Coverage Critical sectors
Sources
- https://web.archive.org/web/20230712032527/https://zoek.officielebekendmakingen.nl/stcrt-2023-14762.html
- https://web.archive.org/web/20240615193118/https://investmentpolicy.unctad.org/investment-policy-monitor/151/netherlands
- https://web.archive.org/web/20241212174931/https://www.lexology.com/library/detail.aspx?g=1e998404-ddb8-426f-ad93-e6aba600ab5f
- Show more...
PARAGUAY
Since July 2009, last amended in July 2017
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Resolution No. 588/2009: Regulation for the homologation process of telecommunications equipment (Resolución Directorio No. 588/2009: Modificación del reglamento para la homologación de equipos y aparatos de telecomunicaciones)
According to Art. 6 of Resolution 588/2009, the commercialisation, installation, and operation of telecommunications apparatus or equipment are only allowed with prior approval by CONATEL (National Telecommunications Commission). According to Art. 2, the goods that need to be homologated include: telecom equipment and devices intended to be connected to public telecom networks or connected through a network termination; telecom equipment and devices that make use of the radioelectric spectrum (including antennas); equipment that does not fall into the previous categories, which are subject to some technical regulation, at the discretion of CONATEL. Certification by foreign suppliers is allowed, but the application must be submitted to the regulatory body for equipment homologation (Art. 17). Once equipment type testing has been performed, a Paraguayan representative must apply for CONATEL’s certificate of approval by submitting the required documentation, as well as sending a type approval request letter addressed to the president of CONATEL.
It is also reported that the following ICT goods need to be homologated: car audio systems, RF transceivers, BT speakers, modems, wireless microphones, and RFID (Radio Frequency Identification) equipment.
It is also reported that the following ICT goods need to be homologated: car audio systems, RF transceivers, BT speakers, modems, wireless microphones, and RFID (Radio Frequency Identification) equipment.
Coverage Telecommunication equipment and ICT goods
Sources
- https://web.archive.org/web/20220807194210/https://www.conatel.gov.py/conatel/wp-content/uploads/2019/09/2009-rd-588-homologacion.pdf
- https://web.archive.org/web/20221219162702/https://www.itu.int/dms_pub/itu-d/opb/stg/D-STG-SG02.04.1-2017-PDF-E.pdf
- https://web.archive.org/web/20240703201726/https://www.itu.int/en/ITU-D/Regional-Presence/Americas/Documents/EVENTS/2014/0512-Brazil-C-I/Paraguay_CONATEL.pdf
- https://web.archive.org/web/20241208011059/https://ib-lenhardt.com/type-approval/paraguay
- Show more...
PARAGUAY
Since July 2004, last amended in August 2023
Since April 2018
Since April 2018
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Act 2422/2004 - Customs Code (Ley 2422/2004 - Código Aduanero)
Resolution No. 1298 of 2018 (Resolución No. 1298/2018)
Resolution No. 1298 of 2018 (Resolución No. 1298/2018)
Paraguay implements a de minimis threshold, that is the minimum value of goods below which customs do not charge duties, equal to USD 100, below the USD 200 threshold recommended by the International Chamber of Commerce (ICC). Resolution No. 1298 of 2018 of the Ministry of Industry and Commerce, as well as Art. 223 of the Customs Code, establishes that express shipments up to USD 100 that are not subject to prior import licenses are exempt from paying customs duties. Yet, these shipments are liable to pay the casual VAT of 13% and the transportation payment. As for operations between USD 100 and USD 1,000, they must pay between 15% and 35% of the Common External Tariff, as applicable. Art. 219 of the Customs Code further states that international postal shipments are not subject to customs duties for values up to 200 USD.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260216130419/https://baselegal.com.py/docs/80b69387-c5ee-11ea-b286-525400c761ca
- https://web.archive.org/web/20190604140723/http://www.abc.com.py/edicion-impresa/economia/reglamentan-licencias-para-compras-on-line-1776133.html
- https://web.archive.org/web/20230611015055/https://pe.fashionnetwork.com/news/Paraguay-emite-una-nueva-resolucion-para-las-compras-online-en-sitios-del-exterior,1054046.html
- https://web.archive.org/web/20251208075753/https://global-express.org/index.php?qid_34_optid=1&question-filter=&qid_34=1&qid_35=1&qid_36=1&qid_92=1&id=271&act=101&search_terms=&profile_id=-1&countries...
- Show more...
PARAGUAY
Since December 1985
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Civil Code (Código Civil del Paraguay Ley No. 1183/85)
According to Art. 1197 of the Civil Code, companies incorporated abroad that want to offer their services in Paraguay are required to establish a representation with a domicile in the country, in addition to the particular domiciles resulting from other legal causes.
Coverage Horizontal
PARAGUAY
Since October 1998
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Law No. 1334 (Ley No. 1334, de defensa del consumidor y del usuario)
Law No. 1334 provides a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 3 of Law No. 1334, the Law on consumer protection applies to all activities between suppliers and consumers in connection with the distribution, sale, purchase or any other form of commercial transactions of goods and services.
Coverage Horizontal
