Database

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PALESTINE

Since April 2018

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Law by Decree No. 10 of 2018 on Cybercrime
قرار بقانون رقم (10) لسنة 2018م بشأن الجرائم الإلكترونية
According to Art. 31 of Decree No. 10 of 2018 on Cybercrime, a service provider – defined as any person who enables users to communicate by means of information technology or who processes, stores or hosts computer data on behalf of an information service provider or its users – must retain subscriber information for a period of not less than three years.
Under Art. 1 of the Decree, “subscriber information” includes all information held by the service provider relating to service subscribers, such as the type of communications service used, technical requirements, duration of the service, the subscriber’s identity, postal or geographical address or telephone number, payment information available under the service or installation agreement, and any other information concerning the location of the communication equipment based on that agreement.
Coverage Communications sector

PALESTINE

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Palestine's law and jurisprudence.
Coverage Internet intermediaries

PALESTINE

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Palestine's law and jurisprudence.
Coverage Internet intermediaries

PALESTINE

Since October 2009

Pillar Intermediary liability  |  Indicator User identity requirement
Instructions No. 1 of 2009 on the Registration of the Data of Subscribers to Cellular Telecommunications Services
تعليمات رقم (1) لسنة 2009 بشأن تسجيل بيانات المشتركين في خدمات الاتصالات الخلوية. صادرة عن وزير الاتصالات وتكنولوجيا المعلومات
According to Art. 2 of the Instructions No. 1 of 2009 on the Registration of the Data of Subscribers to Cellular Telecommunications Services, all licensees providing cellular telecommunications services are required to register a minimum set of subscriber data for mobile services and obtain a copy of the subscriber’s personal identification document. The minimum data to be recorded comprise the subscriber’s full name, national identification card or passport number, place of residence and work, and date and place of birth.
Coverage Telecommunications sector
"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 = 'PS')\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":"102316"},{"post_id":"102317"},{"post_id":"102318"}]
"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 = 'PS')\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 = 'PS')\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"}]

PALESTINE

ITA signatory? I II

PALESTINE

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the 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)
The State of Palestine is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.
Coverage ICT goods

PALESTINE

Since April 2014, last amended in December 2019

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Presidential Decree No. 8 of the Year 2014 on Public Procurement
قرار بقانون رقم (8) لسنة 2014م بشأن الشراء العام
According to Art. 24 of the Public Procurement Law, the procuring entity, the General Supplies Department or the Central Tenders Department can only apply the international bidding method in the following cases:
(i) where the procurement is of a special or complex nature, as determined by the procuring entity;
(ii) where the required supplies, works or services are not available locally at competitive prices and with the required quality; or
(iii) where no bids have been submitted by local bidders after all procurement methods permitted by law have been exhausted.
Coverage Horizontal

PALESTINE

Since April 2014, last amended in December 2019
Since April 2014

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Presidential Decree No. 8 of the Year 2014 on Public Procurement
قرار بقانون رقم (8) لسنة 2014م بشأن الشراء العام

Cabinet Decision No. 5 of 2014 on Public Procurement Regulations
قرار مجلس الوزراء رقم (5) لسنة2014 م بنظام الشراء العام
According to Art. 8 of the Public Procurement Law, the Council for Public Procurement Policies must give preference to local Palestinian products, contractors and consultants, and apply a preference margin for Palestinian producers and contractors when evaluating bids in international tenders. Annex (B) of Cabinet Decision No. (5) of 2014 on Public Procurement Regulations further provides that, for works contracts, procuring entities must grant a 7.5% margin of preference to domestic contractors, subject to specified conditions. Contractors seeking this preference are required to submit qualification data, including ownership information, to enable verification of their status as “domestic contractors” under the relevant classification.
Coverage Horizontal

PALESTINE

Reported in 2018, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tenders
It is reported that, although the public procurement law entered into force in 2014, it remains at a relatively early stage of implementation, and concerns persist regarding its integrity and transparency safeguards. The High Council for Public Procurement Policy reportedly continues to face challenges, including frequent requests from certain entities for exemptions to conduct direct procurement. Decisions of the Council of Ministers on tenders are also not systematically communicated to the High Council, hindering the consolidation of procurement data on the designated portal and delaying the implementation of an e-procurement strategy. Moreover, many government contracts involving the use of public resources, such as telecommunications, are reportedly not awarded through competitive tenders, and the resulting contracts with private operators have not been published.
Coverage Horizontal

PALESTINE

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)
The State of Palestine is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). In fact, the country is not a member of the WTO.
Coverage Horizontal

PALESTINE

Since April 1998

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 1 of 1998 AD on the Encouragement of Investment in Palestine
قانون رقم ( 1 ) لسنة 1998 م بشأن تشجيع الاستثمار في فلسطين
According to Art. 3 of the Law on the Encouragement of Investment in Palestine, any Investor may invest in any sector of the Palestinian economy, unless it contravenes other laws.
Coverage Horizontal

PALESTINE

Since December 1952

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Patents Law No. 22 of 1953
قانون امتيازات الإختراعات رقم ( 22 ) لسنة 1953
According to Art. 38 of the Patent Law, every patent has the same legal effect against the Government as against any other person. However, any ministry may use a patented invention under conditions agreed with the patent holder and approved by the Minister of Finance or, in the absence of agreement, under conditions determined by the Minister of Justice or by a judge appointed for that purpose.
Coverage Horizontal

PALESTINE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
The State of Palestine is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

PALESTINE

Since December 1911, in force since March 1924

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright Law No. 46 of 1911
قانون حقوق الطبع والتأليف رقم (46) لسنة 1911م
The primary copyright framework applicable in the State of Palestine is the British Copyright Act 1911, which has been in force there since 1924. Pursuant to Art. 2 of the British Copyright Act 1911, copyright is not infringed by fair dealing with a work for the purposes of private study, research, criticism, review, or the preparation of a newspaper summary.
Coverage Horizontal

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