Database

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NICARAGUA

Since April 1914
Since October 2020

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Commercial Code (Código de Comercio)

Law No. 1040-Foreign Agents Law (Ley No. 1040-Ley De Regulación De Agentes Extranjeros)
According to Art. 10 of the Commercial Code, legal entities in Nicaragua (including entities with foreign national shareholders) must have a legal representative who must be either a Nicaraguan national or a foreign national residing in Nicaragua. In addition, according to Art. 9 of the Foreign Agents Law, foreign agents are required to register with the Nicaraguan Government and file reports on all funds and donations received from foreign entities and how they are used.
The law defines “foreign agents” as any person who performs or works as an agent, representative, employee, service provider or any other activity subject to the orders, requirements, instruction, direction, supervision, or control from a foreign entity or from an individual or legal entity whose activities are, directly or indirectly, supervised, directed, controlled, financed or subsidised, in whole or in part, by foreign individuals, Governments, capital, businesses or funds, directly or through a third party, be it an individual or legal entities. It is reported that legal experts have expressed concern that the law is written so broadly that the government could apply it to any entity.
Coverage Horizontal

NICARAGUA

Since June 2013, last amended February 2021
Since October 2013

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 842-Consumer and Users' Rights Protection Law (Ley 842-Ley De Protección De Los Derechos De Las Personas Consumidoras y Usuarias)

Decree No. 36-2013-Regulation of Consumer and Users' Rights Protection Law (Decreto Ejecutivo No.. 36-2013-Reglamento De La Ley No.. 842, Ley De Protección De Los Derechos De Las Personas Consumidores y Usuarias)
The law Consumer and Users' Rights Protection Law and its regulation provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage E-commerce sector

NICARAGUA

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

NICARAGUA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Nicaragua's law and jurisprudence.
Coverage Internet intermediaries

NICARAGUA

Since October 2020

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 1042 - Special Cybercrimes Law (Ley No. 1042 - Ley Especial de Ciberdelitos)
A basic legal framework on intermediary liability beyond copyright infringement is absent in Nicaragua's law and jurisprudence. Moreover, the 2020 Special Cybercrimes Law contains significant punishments for online activities and is applicable to social media users and media outlets. The law allows the punishment of administrators of technological platforms that intervene in the content (Art. 16). It is reported that the use of vague and undefined terms that can be applied arbitrarily or discretionally, resulting in legal uncertainty about its scope.
Coverage Internet intermediaries

NICARAGUA

Reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Nicaragua for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal

NICARAGUA

Reported in 2022, last reported in 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on strict requirements by customs
It is reported that starting in 2019, Nicaragua’s Customs Authority (DGA) began systematically seeking proof of country of origin for products that had previously been established to have an origin country, including through a comprehensive questionnaire to importers seeking detailed information about the products. Multiple businesses have reported that the requested information includes proprietary business data or trade secrets. Businesses have sought to make arrangements with the DGA to establish proof of origin without publishing trade secrets in questionnaires, such as through site visits to production plants and staff interviews. However, it is reported that the DGA has rejected those proposals and, in multiple cases, has initiated administrative processes to remove preferential treatment and also seek retroactive tariffs for the time that the product was imported with preferential treatment.
Coverage Horizontal

NICARAGUA

Reported in 2015, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency of import procedures
It is reported that Nicaraguan customs officials routinely delay customs inspections and levy arbitrary fines for minor paperwork problems such as typographical errors. These fines reportedly often represent up to three times the value of the shipment. In addition, businesses report a significant increase in the number of incoming shipments subject to further inspections, with a majority of shipments now subject to such inspections.
Coverage Horizontal

NICARAGUA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Lack of self-declaration of conformity
It is reported that some ICT goods, including wireless gateways, satellite equipment and telephones, require type approval and certification in Nicaragua. Companies can use existing international test reports for the homologation process to obtain Nicaraguan Institute of Telecommunications and Postal Services (TELCOR) approval. Technical documents will be reviewed and validated in the approval process.
Coverage Wireless gateways, satellite equipment and telephones

NICARAGUA

Since March 2012

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 787 - Personal Data Protection Law (Ley No. 787 - Ley de Protección de Datos Personales)
According to Art. 14 of the Personal Data Protection Law, the assignment and transfer of personal data of any kind to countries or international organisations that do not provide adequate levels of security and protection is prohibited. Art. 14 further states that the transfer to foreign countries is allowed in certain circumstances, including international judicial collaboration, exchange of personal data in health matters, bank or stock transfers, agreed transfer within international treaties, or international cooperation between intelligence agencies regarding crimes regulated in Law No. 735 for the prosecution of organised crime.
Coverage Horizontal

NICARAGUA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation to agreements with binding commitments on data flows
Nicaragua has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

NICARAGUA

Since March 2012
Since October 2012

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Law No. 787 - Personal Data Protection Law (Ley No. 787 - Ley de Protección de Datos Personales)

Executive Order No. 36-2012 - Regulation of Personal Data Protection Law (Decreto Ejecutivo No. 36-2012-Reglamento De La Ley No. 787 - Ley De Protección De Datos Personales)
The Personal Data Protection Law and the regulation of such law constitute the framework for data protection. Moreover, the Political Constitution of Nicaragua also provides certain general rights concerning privacy and data collection.
Coverage Horizontal

NICARAGUA

Since March 2012

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law No. 787 - Personal Data Protection Law (Ley No. 787 - Ley de Protección de Datos Personales)
According to Art. 19 of the Personal Data Protection Law, all personal data shall be kept for five years, or for the term that the parties agree upon, even in the event of the personal data no longer being adequate, proportional, or necessary for the purposes that it was created.
Coverage Horizontal

NICARAGUA

Since March 2003

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Nicaragua is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

NICARAGUA

Since October 2020
Since January 2021

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law No. 1042 - Special Cybercrimes Law (Ley No. 1042 - Ley Especial de Ciberdelitos)

Administrative Agreement No. 001-2021 on Regulations for the Preservation of Data and Information (Acuerdo Administrativo No. 001-2021 - Normativa para la Preservación de Datos e Información)
According to Art. 36 of Law No. 1042, telecom providers must retain data for all users for one year. A local judge may issue an order, at the National Police or Prosecutor General’s request, to force internet providers to release specific information about an individual customer, as well as collect, extract, or record data about this customer, such as real-time data traffic.
As part of the implementation of Law No. 1042, the "Instituto Nicaragüense de Telecomunicaciones y Correos" (TELCOR, Nicaraguan Institute of Telecommunications and Postal Services) published the Administrative Agreement 001-2021 on Regulations for the Preservation of Data and Information. Art. 3 requires telecommunications companies to collect and preserve any data necessary to trace a communication; identify the recipient of a communication; identify the time, date, and duration of a communication; identify the type of communication, such as mobile phone, internet, or landline phone; identify the equipment used to conduct a communication; and identify the geolocation of the equipment used for communication. In addition, companies offering community repeaters and trunk links must be able to submit information on the services they provide. Art. 5 of the agreement further requires companies to store the relevant information for up to 12 months.
Coverage Telecommunications sector

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