VANUATU
Since October 2015
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No. 157 of 2015
The Telecommunications and Radiocommunications (Consumer Protection) Regulations Order No.157 of 2015 provides a comprehensive consumer protection framework that also applies to online transactions.
Coverage Horizontal
VANUATU
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (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
Vanuatu has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
VANUATU
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Vanuatu 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
VANUATU
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive infrastructure sharing is not mandated, but it is practised in the market in both the mobile and fixed sectors (based on commercial agreements).
Coverage Telecommunications sector
VANUATU
Since November 2009, last amended July 2018
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Telecommunication Radio Communication Broadcasting Regulator's Act
According to Section 37 of the Telecommunication Radio Communication Broadcasting Regulator's Act, both functional and accounting separation is mandated for operators with significant market power.
Coverage Telecommunications sector
VANUATU
Since November 2012
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Vanuatu has appended the World Trade organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=94617&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
VANUATU
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications and Radiocommunications Regulator, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
VANUATU
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Vanuatu has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
VANUATU
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive regime on data protection
Vanuatu lacks a comprehensive regime on data protection. As stated in the webpage of the Office of the Government Chief Information Officer: "The legislation in regards to ICT, including The Digital Data Protection and Privacy Bill, is still on ongoing process".
Coverage Horizontal
VANUATU
Since November 2000
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
E-Business Act 2000
According to Part IV of the E-Business act, companies carrying any electronic business must appoint a data protection officer.
Coverage E-business
VANUATU
Since September 2000
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act No. 24 of 2000
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 26 of the Act, an intermediary is not subject to any civil or criminal liability in respect of any information contained in an electronic record in respect of which the intermediary provides services if the intermediary was not the originator of that electronic record and the intermediary: (a) has no actual knowledge that the information gives rise to civil or criminal liability, or (b) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; or (c) follows the procedure set out in section 27 if the intermediary: (i) acquires knowledge that the information gives rise to civil or criminal liability; or (ii) becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.
Coverage Internet intermediaries
VANUATU
Since September 2000
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act No. 24 of 2000
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 26 of the Act, an intermediary is not subject to any civil or criminal liability in respect of any information contained in an electronic record in respect of which the intermediary provides services if the intermediary was not the originator of that electronic record and the intermediary: (a) has no actual knowledge that the information gives rise to civil or criminal liability, or (b) is not aware of any facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known; or (c) follows the procedure set out in section 27 if the intermediary: (i) acquires knowledge that the information gives rise to civil or criminal liability; or (ii) becomes aware of facts or circumstances from which the likelihood of civil or criminal liability in respect of the information ought reasonably to have been known.
Coverage Internet intermediaries
VANUATU
Since June 2022
Pillar Intermediary liability |
Sub-pillar User identity requirement
SIM Card Registration Regulation Order No. 105 of 2022
Clause 10 of the SIM Card Registration Regulation Order No. 105 stipulates that individuals intending to purchase a SIM card are required to present a valid identification card or document to the licensed provider.
Coverage Telecommunications sector
VANUATU
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.84%
Coverage rate of zero-tariffs on ICT goods (%)
43.1%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
VANUATU
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Vanuatu is not a signatory of the 1996 World Trade organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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