SURINAME
Since September 2017
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
SURINAME
Since September 2017
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 establishes a safe harbour regime for intermediaries for copyright infringements.
According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45, an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45, an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
Coverage Internet intermediaries
SURINAME
Since September 2017
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45, an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
Coverage Internet intermediaries
SURINAME
Since March 2007
Pillar Intermediary liability |
Indicator User identity requirement
Telecommunication Facilities Act 2007, Decree Number Plan (Wet Telecommunicatievoorzieningen 2007, Besluit Nummerplan)
In accordance with the provisions delineated within the Telecommunication Facilities Act 2007, any individual seeking possession of a SIM card must duly furnish authentic and current forms of identification at the juncture of said acquisition. For non-native citizens, the admissible form of identification encompasses the presentation of their valid passports.
Coverage Telecommunications sector
SURINAME
Since March 2007
N/A
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Decree Low Assets equipment 2007 (Besluit Laag Vermogen Apparatuur 2007)
Directive for the certification of radio devices
Directive for the certification of radio devices
According to Arts. 2-4 of the Decree Low Assets Equipment, the TAS (Telecommunications Authority of Suriname) is responsible for issuing permits to have, construct, use, exploit and transmission of electronic equipment. However, the Conformity Assessment Systems in the Republic of Suriname recognise both European (EU) and American (FCC) Standards in accordance with the ISO/IEC 17050-1: 2004 in order to facilitate easy market access. It is reported that the homologation procedure in Suriname requires neither any local laboratory testing nor local representative contact and no additional requirements concerning product labelling have been established by law.
According to the Directive for the certification of radio devices, the following reports must be submitted to proceed with the application for license to the TAS (Telecommunication Authority of Suriname): RF test report and EMC test.
According to the Directive for the certification of radio devices, the following reports must be submitted to proceed with the application for license to the TAS (Telecommunication Authority of Suriname): RF test report and EMC test.
Coverage Electronic products
Sources
- https://web.archive.org/web/20201029160005/https://www.tas.sr/media/1098/sbno29.pdf
- https://web.archive.org/web/20230327190702/https://ib-lenhardt.com/type-approval/suriname
- https://web.archive.org/web/20200923165633/https://www.certvalue.com/iso-certification-in-suriname/
- https://web.archive.org/web/20210518232753/https://www.tas.sr/media/1167/procedure-type-approval-eng.pdf
- Show more...
SURINAME
Since November 2004
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Telecommunications Act 2004 (Wet Telecommunicatievoorzieningen 2004)
According to the Art. 2-3 (Chapter 2) of the Explanatory Memorandum of the Telecommunications Act, the government is the sole shareholder in TELESUR, one of the two telecommunications companies currently active in the country.
Coverage Telecommunications sector
SURINAME
Since March 2007
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Suriname does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation for operators with SMP according to Art. 18 of the Telecommunications Act (Interconnection Decree No. 25).
Coverage Telecommunications sector
SURINAME
Since November 2004
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Telecommunications Facilities Act (Wet Telecommunicatievoorzieningen)
According to Art. 9 of the Telecommunications Facilities Act, it is prohibited to build, develop, and operate telecommunications infrastructure without a concession granted by a resolution of the President, upon the advice of the Minister, after hearing the opinion of the Telecommunications Authority of Suriname (TAS). In addition, a concession is granted to a legal person incorporated under Suriname law and established in Suriname. According to the Mobile Virtual Network Operator (MVNO) Application and Renewal Form, among the documents required for the licensing processes, foreigners must also present a copy of a valid residency document.
Pursuant to Art. 9.4, a concession shall only be granted if it serves to promote the efficient provision of telecommunications in the general social and economic interest. Furthermore, a concession shall be granted once the legal person demonstrates that it has at least sufficient financial resources, technical expertise, organisational capacity, and experience in telecommunications (Art. 9.5).
According to Arts. 13 and 36, every provider of telecommunication services is obliged to obtain a license from the Telecommunication Authority of Suriname (TAS) for regulated and non-regulated services and to fulfil obligations according to the ITU Convention.
Pursuant to Art. 9.4, a concession shall only be granted if it serves to promote the efficient provision of telecommunications in the general social and economic interest. Furthermore, a concession shall be granted once the legal person demonstrates that it has at least sufficient financial resources, technical expertise, organisational capacity, and experience in telecommunications (Art. 9.5).
According to Arts. 13 and 36, every provider of telecommunication services is obliged to obtain a license from the Telecommunication Authority of Suriname (TAS) for regulated and non-regulated services and to fulfil obligations according to the ITU Convention.
Coverage Telecommunications sector
SURINAME
Since April 1997
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Suriname has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SURINAME
Since March 1998
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Decision Institution TAS 1998 (BesLuit Instelling TAS 1998)
It is reported that the Telecommunication Authority of Suriname (TAS), the executive authority for the supervision and administration of services in the telecommunications sector, is independent of the government in the decision-making process. Yet, according to Art. 2 of the Decision Institution TAS 1998, its director is appointed by the President on the recommendation of the Minister. Pursuant to Art. 3, the TAS is charged with the preparation, implementation, and control of the tasks assigned to the Minister on telecommunication as an independent authority in the decision-making process.
Coverage Telecommunications sector
SURINAME
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
Suriname has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
SURINAME
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Suriname does not have a comprehensive regime of data protection in place. Art. 17 of the Constitution of the Republic of Suriname 1987 provides the baseline for the implementation of a more specific framework as it states that everyone has a right to respect their privacy. Moreover, the Electronic Legal Transactions Act, specifically Arts. 54, 72-74, establishes a framework for the management of personal identification data collected by service providers, inclusive of governmental entities, in the context of electronic transactions.
Coverage Horizontal
SURINAME
Reported in 2017, last reported in 2023
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Practice of governmental interference without court orders
It has been reported that several journalists, members of the political opposition, and other independent entities denounced government interference and illegal monitoring of email and social network accounts.
Coverage Horizontal
SURINAME
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Suriname has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SURINAME
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Suriname lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
