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PANAMA

Since April 1997
Since July 1997, last amended in December 2002
Since November 2014

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Executive Decree No. 73 of 9 April 1997, regulating Law No. 31 of 8 February 1996 (Decreto Ejecutivo No. 73 de 9 abril de 1997, por el cual se reglamenta la Ley No. 31 de 8 de febrero de 1996)

Law No. 23 of July 15, 1997 (Ley No. 23 de 15 de Julio de 1997)

ASEP Resolution 8105, 2014 (Resolución AN No. 8105-Telco)
According to the Art. 290 of Executive Decree No. 73, all the equipment that is connected to the public network or used to carry out radioelectric emissions shall be approved for its commercialisation, use and operation. The Regulatory Entity establishes the requirements to ensure adequate compliance with the technical specifications.
According to the Art. 93 of Law 23 of July 15, 1997, the General Direction of Standards and Industrial Technology (DGNTI) is the organisation responsible for technical standardisation and conformity assessment. According to the DGNTI, the document that approves a certificate of conformity shall be issued either by a certification body duly accredited under ISO/IEC 17065 or by an accreditation body with international recognition under the Multilateral Recognition Agreements of the International Accreditation Forum (IAF).
It is reported that products that use radio frequency technology require a type approval by ASEP (Autoridad Nacional de los Servicios Públicos) and certification to import and commercialise in Panama. No testing is required, but a homologation process is necessary to obtain ASEP approval. Technical documents will be reviewed and validated in the approval process. The following products are signalled as requiring ASEP approval: transceivers, personal trackers, wireless microphones, mobile phones, Radio Frequency Identification equipment, and radio alarms.
Coverage Telecom and communication equipment

PANAMA

Since July 2008, last amended in November 2012

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Law No. 51/2008 on the Definition and Regulation of Electronic Documents and Electronic Signatures, the Provision of Technological Document Storage and Electronic Signature Certification Services, and the Adoption of Other Provisions for the Development of Electronic Commerce (Ley No. 51 Que Define y Regula los Documentos Electrónicos y las Firmas Electrónicas y la Prestación de Servicios de Almacenamiento Tecnológico de Documentos y de Certificación de Firmas Electrónicas y Adopta Otras Disposiciones para el Desarrollo del Comercio Electrónico)
Law No. 51/2008 establishes a safe harbour regime for intermediaries for copyright infringements. Arts. 88-91 of the Law provides a safe harbour that shields network operators, service providers, online trade service providers and storage service providers from responsibility. In addition, a safe harbour provision forms a substantial part of the intellectual property chapter in the FTA entered into between the United States of America and Panama (Art. 15.11, para. 27).
Coverage Internet intermediaries

PANAMA

Since July 2008, last amended in November 2012

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 51/2008 on the Definition and Regulation of Electronic Documents and Electronic Signatures, the Provision of Technological Document Storage and Electronic Signature Certification Services, and the Adoption of Other Provisions for the Development of Electronic Commerce (Ley No. 51 Que Define y Regula los Documentos Electrónicos y las Firmas Electrónicas y la Prestación de Servicios de Almacenamiento Tecnológico de Documentos y de Certificación de Firmas Electrónicas y Adopta Otras Disposiciones para el Desarrollo del Comercio Electrónico)
Law No. 51/2008 establishes a safe harbour regime for intermediaries beyond copyright infringement. Arts. 88-91 of the Law provides a safe harbour that shields network operators, service providers, online trade service providers and storage service providers from responsibility.
Coverage Internet intermediaries

PANAMA

Since October 2012

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Panama is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

PANAMA

Since October 2012, last amended in August 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law No. 64 on Copyright and Related Rights (Ley No. 64 - sobre Derecho de Autor y Derechos Conexos)
Panama has a copyright regime governed by Law No. 64. However, the exceptions do not follow the fair use or fair dealing model, which limits the lawful use of copyrighted works by others. Art. 67 outlines the exceptions, including performances of works made at home, provided that there is no direct or indirect profit-making interest; performances for the general good during official or religious ceremonies; and performances in educational institutions for exclusively didactic purposes, among others.
Coverage Horizontal

PANAMA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Panama has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

PANAMA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Panama has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

PANAMA

Since May 1996, last amended in October 2012
Since February 1998

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Law No. 35 of 10 May 1996, on Industrial Property (Ley N° 35 de 10 de mayo de 1996 por la cual se dictan Disposiciones sobre la Propiedad Industrial)

Executive Decree No. 7 of 17 February 1998 regulating Law No. 35 of 10 May 1996, which lays down provisions on industrial property (Decreto Ejecutivo No. 7 de 17 de febrero de 1998 por el cual se reglamenta la Ley N° 35 de 10 de mayo de 1996, por la cual se dictan disposiciones sobre la Propiedad Industrial)
Law No. 35 establishes a framework for the protection of trade secrets. Title IV of the Industrial Property Law regulates commercial and trade secrets and provides for liability for breaches of these provisions. In addition, Title IV of Executive Decree No. 7 of 17 February 1998 further implements and elaborates the rules set out in Law No. 35.
Coverage Horizontal

PANAMA

Since August 2009

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Resolution AN No. 2848-Telco (Resolución AN No. 2848-Telco)
There is an obligation for passive infrastructure sharing in Panama to deliver telecom services to end users. It is practised in both the mobile and fixed sectors based on commercial agreements. As established by Art. 1 of the Resolution AN No. 2848-Telco and Annex A on Regulations for the installation, operation, and shared use of towers and/or structures that support telecommunications service antennas.
Coverage Telecommunications sector

PANAMA

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 telecom companies
The government owns 49% of the shares of Cable & Wireless Panama, S.A., a Panamanian telecom company governed by private law.
Coverage Telecommunications sector

PANAMA

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
Panama does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 1997. Pursuant to Art. 86 of "Executive Decree No. 73, which implements Law No. 31 of 8 February 1996 on telecommunications regulation in Panama", telecommunications service concessionaires must submit audited financial statements to the Regulatory Authority within three months of the end of their fiscal year. Under Art. 86.1, concessionaires that provide more than one telecommunications service may comply by either maintaining separate accounts for each service, or maintaining separate accounts by type of service (Type A and Type B). In addition, concessionaires providing mobile cellular telephone services are required to maintain separate accounts for that service.
Coverage Telecommunications sector

PANAMA

Since February 1996, last amended in June 1999
Since April 1997
Since June 2018

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Law No. 31/1996, which Establishes Rules for the Regulation of Telecommunications in the Republic of Panama (La Ley No. 31/1996, por la cual se dictan normas para la regulación de las telecomunicaciones en la República de Panamá)

Executive Decree No. 73/1997, regulating Law No. 3/1996 on Telecommunications (Decreto Ejecutivo No. 73/1997, por el cual se reglamenta la Ley No. 3/1996 de Telecomunicaciones)

Law No. 36/2018 regulating Economic Concentrations in the Mobile Market (Ley No. 36/2018 que regula las concentraciones económicas del mercado móvil)
In Panama, the legal basis for telecommunications licensing is set out in Law No. 31 of 8 February 1996 (Telecommunications Law) and its principal implementing regulation, Executive Decree No. 73 of 9 April 1997, which operationalises the statutory framework. The Telecommunications Law governs the installation, operation, and provision of telecommunications networks and services through concessions and authorisations, and it allocates core supervisory and enforcement powers to the sector regulator, the National Authority for Public Services (ASEP).
The Law establishes a dual regulatory classification. Type A services may be granted by the State under temporary exclusivity or to a limited number of concessionaires (Art. 7(1)), whereas Type B services are generally provided under conditions of free competition (Art. 7(2)). Consistent with this classification, ASEP identifies Type A services, including personal communication services and mobile services, while Type B services encompass a broader range of activities, including, inter alia, basic international telecommunications and fixed and mobile radio communications, among others.
In addition, Art. 1 of Law No. 36 imposes sector-specific constraints on licensing in mobile telephony by limiting the number of concessions to operate mobile telephony services to three, thereby consolidating the market structure.
Coverage Telecommunications sector

PANAMA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of signature of the WTO Telecom Reference Paper
Panama has not appended the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

PANAMA

Reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Autoridad Nacional de los Servicios Públicos (ASEP, National Public Service Authority), the executive authority responsible for the supervision and administration of services in the telecommunications sector, is independent of the government in its decision-making.
Coverage Telecommunications sector

PANAMA

Since March 2019, entry into force in March 2021

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 81/2019 on Personal Data Protection (Ley No. 81 - Sobre protección de datos personales)
Under Art. 5 of Law No. 81/2019, the transfer of personal data of a confidential, sensitive or restricted nature by the company responsible for the database or its custodian shall be permitted, provided that the company and/or its country of residence provide a level of protection comparable to that of Law No. 81; or if the transferring entity takes all necessary steps to ensure that the data will be protected in a manner consistent with the Law No. 81 through contracts, codes of conduct or applicable international standards. Art. 5 lists the following exemptions: when the data subject has given their consent; in the case of bank, money, stock market or securities transfers; when the transfer of the information is required by law or in order to comply with international treaties ratified by the Republic of Panama; and when the transfer is necessary for the conclusion or execution of a contract concluded or to be celebrated by the interested party or in their interest.
Coverage Horizontal

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