Database

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TÜRKIYE

Since 2019
Since October 2014, entry into force in May 2015
Since July 1956

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Regulation on the Presentation of Radio, Television and On-Demand Broadcasts on the Internet (Radyo, Televizyon ve İsteğe Bağlı Yayınların İnternet Ortamından Sunumu Hakkında Yönetmelik)

Law No. 6563 on E-Commerce Regulation (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun 6563)

Turkish Commercial Code No. 6102 (6102 sayılı Türk Ticaret Kanunu)
As of 2019, online media service providers, including on-demand service providers, must obtain a new license for online broadcasting and must be established in Türkiye in accordance with the provisions of the Turkish Commercial Code.
Coverage Online media

TÜRKIYE

Since June 2013, last amended in June 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Commercial presence requirement for digital services providers
Law No. 6493 on Payments and Security Settlement Systems, Payment Services and Electronic Money Institutions (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Kanun - Kanun Numarası: 6493)
E-money and e-payment service providers must be licensed by the Central Bank of Türkiye in order to operate in Türkiye. Furthermore, e-money institutions and payment service providers are required to establish their Turkish entities and localise their Turkish businesses by June 2015. The conditions and procedures for foreign payment service providers who wish to provide payment services in Türkiye are currently under review.
Coverage Foreign e-payment and e-money services

TRINIDAD AND TOBAGO

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

TRINIDAD AND TOBAGO

Since 2011

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Trinidad and Tobago 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

TRINIDAD AND TOBAGO

Since 2011

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Trinidad and Tobago has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since July 2001
Since February 2008

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Telecommunications Act

The Equipment Certification and Standardisation Framework for the Telecommunications and Broadcasting Sectors in Trinidad and Tobago, February 2008
Section 48 of the Telecommunications Act indicates that the Telecommunications Authority of Trinidad and Tobago (TATT) is responsible for establishing technical standards and equipment certification of telecommunications and radio communications equipment. TATT has done this through the “Equipment Standardisation and Certification Framework for the Telecommunications and Broadcasting Sectors of Trinidad and Tobago”, published in September 2008. The regulation mandates that telecommunications equipment must be certified by applying to the TATT with the "Equipment Certification Application Form". Within the documents and information to be provided, applicants include the International Standardisation certification (FCC, Industry Canada, DoC). Therefore, Trinidad and Tobago recognises international and third-party certifications, but they are merely supporting documents to the application and do not exempt the supplier of a product from applying locally.
Self-certification is not permitted in Trinidad and Tobago for either local or foreign businesses, as a Supplier's Declaration of Conformity (SDoC) is not an acceptable certification of compliance with standards by itself.
Coverage Telecom equipment

TRINIDAD AND TOBAGO

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Trinidad and Tobago does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Electronic Transactions Act
The Electronic Transactions Act provides a comprehensive framework for consumer protection that also applies to online transactions. Arts. 55-57 of the law establish the minimum information a consumer has to obtain from the provider, which includes the legal name of the provider, means of contact, accurate and accessible information about the good or service, terms and conditions of the payment, a copy of the contract and any details about conditions and policies related to, privacy, withdrawal, termination, return, exchange, cancellation, refunds and electronic authentication. If the above is not provided, the consumer has 30 calendar days to rescind the contract, provided they have not received material benefit.
Coverage E-commerce sector

TRINIDAD AND TOBAGO

Since June 2011, entry into force in January 2012

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Data Protection Act
According to Art. 36 of the Data Protection Act, public entities must ensure or take steps to ensure that personal information in their custody or under their control is stored only in Trinidad and Tobago and accessed only in Trinidad and Tobago unless:
- The individual authorises their data to be exported;
- The information is stored in or accessed from another jurisdiction that has comparable safeguards as provided by the Data Protection Act. To this effect, the Office of the Information Commissioner is to publish a list of acceptable countries to transfer data to, which has not yet been published as Art. 36 is not yet in force and, therefore, is not binding as of this moment.
Coverage Public entities

TRINIDAD AND TOBAGO

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows across borders
Trinidad and Tobago has not taken any binding commitments on open transfers of cross-border data flow. The only agreement in place regarding data flows across borders is the 2008 "Economic Partnership Agreement (EPA) between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part", a free trade and development agreement between the EU and the CARIFORUM states, including Trinidad and Tobago. Pursuant the Art. 107, the Parties agree to permit a financial service supplier of the other party to transfer information in and out of their territory if the processing of data is required for the ordinary course of business. Moreover, in Art. 199, the Parties agree that the legal and regulatory regimes and administrative capacity to be established shall, at a minimum, include the content principle of restrictions on onward transfers, which means that data can only be transferred when the recipient is also subject to rules affording an adequate level of protection.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since June 2011, entry into force in January 2012

Pillar Domestic data policies  |  Indicator Framework for data protection
Data Protection Act
The Data Protection Act (DPA) was drafted in 2011 and partially entered into force in 2012. The Articles in force are Part I: Sections 1 to 6, Part II: Sections 7 to 18, 22, 23, 25.1, 26 and 28 (certain powers and duties of the Office of the Information Commissioner ('the Commissioner'); and Part III, Section 42(a) and (b).
Research indicates that no timetable has been set for enacting the remainder of the DPA, and there may be changes to the remainder of the legislation before it is fully proclaimed. In its current form, it regulates data privacy across all sectors, including rules to obtain information and regulations for disclosure of information to parties in different jurisdictions to that of Trinidad and Tobago. Additionally, it lists the 12 General Privacy Principles applicable to all those who handle, store and process data belonging to others.
Coverage Horizontal

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who simply acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Art. 50.4 states that an intermediary or a telecommunications service provider is not liable under the Copyright Act for either:
- The infringement of copyright in any work or other subject matter in which copyright subsists; or
- The unauthorised use of any public performance, the duration of which the copyright period has not expired.
Coverage Internet intermediaries

TRINIDAD AND TOBAGO

Since April 2011, last amended in 2014

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 50.1 of the Act, an internet intermediary or telecommunications service provider who simply acts as a conduit for the transmission of data messages, records or information in electronic form is not liable for the content thereof, provided that the intermediary or telecommunications service provider is not aware of criminal intent.
Coverage Internet intermediaries

TRINIDAD AND TOBAGO

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Trinidad and Tobago imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

TRINIDAD AND TOBAGO

Since December 1997

Pillar Intellectual Property Rights (IPRs)  |  Indicator 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

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