There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
As provided by Directive 2001/29/EC, the Slovenian Copyright Act introduces some exceptions (Arts. 46-59), mainly for the following purposes:
- Teaching and news reporting
- Quotation.
- Reproduction for the benefit of people with a disability
- Transient or incidental temporary reproduction
- Private copies
- Use of accessory works of secondary importance
- Reproduction for official proceedings
- Free transformations under conditions listed in the law
Alteration of databases under certain conditions listed in the law
- Free usage of works located in generally accessible premises

It is reported that unlawful downloading of music and video content is common in the Slovenian market. Additionally, there is no strong enforcement of the copyright legal regime.

Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovenia ratified the Treaty on 19 November 1999, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.

Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovenia ratified the Treaty on 19 November 1999, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.

The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Slovenia implemented the Directive through an act amending the Civil Procedure Act in 2017 and the Professional Secrecy Act of 2019.

It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.

The government of Slovenia owns 62.54% of Telekom Slovenije, the major incumbent telecommunications operator. State-owned entities Kapitalska druzba (KAD) and Slovenian Sovereign Holding (SDH) respectively hold a further 5.59% and 4.25% in Telekom Slovenije.

It is reported that Slovenia does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required in certain cases. According to Art. 25 of the Electronic Communications Act, the Agency may impose an obligation on a specific network operator with significant market power to keep accounting records in relation to specified activities relating to interconnection and/or operator access separate from accounting records for other activities.

It is reported that the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Arts. 23.1 and 23.4 of the ZVOP-2 stipulate that personal data specified in legislation governing administrative internal affairs, financial administration, citizenship, the Slovenian Intelligence and Security Agency, defence, healthcare, compulsory health insurance, the exercise of rights arising from public funds, and criminal and misdemeanour records, must not be stored outside the territory of Slovenia.

The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Slovenia implemented the GDPR with the Personal Data Protection Act.

It is reported that a lack of transparency in Slovenian public procurement processes continues to be a barrier to the participation of foreign firms, which is also caused by complexities in bid preparation due to short timeframes and complex documentation. In addition, some stakeholders claim that the Slovenian National Revision Commission carries out a quasi-judicial control reviewing disputed public procurement cases whose decisions are not subject to judicial appeal.

The Investment Promotion Act, applicable to both foreign and domestic investors, does not impose any specific restrictions on foreign ownership or control on sectors relevant for digital trade.