Database

Browse Database

ESWATINI

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Eswatini is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

ESWATINI

Since December 1983
Since August 1989
Since July 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Swaziland Post and Telecommunications Corporation Act, 1983

Public Enterprises (Control and Monitoring) Act, 8/1989

Electronic Communications Act, 2013
The Eswatini Post and Telecommunications Corporation (EPTC) is entirely owned by the government, with no local or foreign firms holding equity shares in the corporation. Sections 3-5 of the Swaziland Post and Telecommunications Corporation Act establish the corporation and its governing structures in accordance with the Public Enterprises (Control and Monitoring) Act (PEA).
According to Section 53 of the Electronic Communications Act, EPTC shall have the exclusive right of establishing, constructing, maintaining and operating the national telecommunications backbone infrastructure within the country.
Coverage Telecom backbone infrastructure

ESWATINI

Since August 1989

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Public Enterprises (Control and Monitoring) Act, 8/1989
The Public Enterprises (Control and Monitoring) Act (PEA) has no specific provisions that prohibit the appointment of foreigners as board members or directors in government-owned enterprises. However, there has never been an instance where a foreigner was appointed to be either a chief, director or board member of a government enterprise. It is reported that, when one looks at the architecture of the appointment process for members of the board for government enterprises, it is clear that the intention is not to have foreigners forming part of the boards of these entities. The Board members are appointed by the responsible Minister in consultation with the Standing Committee, which is comprised of Cabinet Ministers (Sections 2 and 6).
Coverage State-owned Enterprises (SOEs)
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"99619"},{"post_id":"99620"},{"post_id":"99621"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SZ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

ESWATINI

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.72%
Coverage rate of zero-tariffs on ICT goods (%)
68.97%
Coverage: ICT goods

ESWATINI

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the 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)
Eswatini is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

ESTONIA

Since April 2020, entry into force in July 2020.

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
".ee" Domain Regulation
According to the ".ee" Domain Regulation, it is required to appoint an administrative contact for the application for the ".ee" domain name. The administrative contact has to be a citizen of Estonia with an Estonian personal identification code or a European Economic Area (EEA) citizen.
Coverage Horizontal

ESTONIA

Since June 2014
Since February 2004, last amended in December 2007

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Act (Tarbijakaitseseadus)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act. The Act includes provisions on the right to information, safety and quality of goods or services, and unfair commercial practices. The Act also safeguards 'distance contracts'. E-commerce is regulated by the Estonian Consumer Protection and Technical Regulatory Authority.
Coverage Horizontal

ESTONIA

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

ESTONIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Estonia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

ESTONIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Estonia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

ESTONIA

Since July 2020
Since May 2004

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Information Society Services Act (Infoühiskonna teenuse seadus)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Information Society Services Act (ISSA) is based on the EU e-Commerce Directive (Directive 2000/31/EC).
Coverage Internet Services Providers

ESTONIA

Since April 2019
Since January 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Directive 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Copyright Act (Autoriõiguse seadus)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Parliament has adopted the Act amending the Copyright Act (transposition of copyright directives) 368 SE, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

ESTONIA

Since April 2022

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
Blocking of Russian websites
Current tensions with Russia have induced the Estonian regulatory authority to block Russian websites for geo-political reasons. It is reported that in February 2022, the Consumer Protection and Technical Regulatory Authority (TTJA) ordered telecommunications operators to restrict the online broadcasting of six pro-Kremlin TV channels, including RTR-Planeta, RTVI, Rossiya 24, REN TV, NTV Mir, and PBK, for twelve months in an effort to limit Russian war propaganda. In March 2022, the TTJA ordered the blocking of another TV channel RBK (RBC TV), seven websites (ntv.ru, ren.tv, 5-tv.ru, 78.ru, 1tv.com, lenta.ru, and tass.ru.), and 12 internet channels, whose “content incites to commit offences towards national security and national defence, to the detriment of the security of society,” according to a TTJA press release.
Coverage Online broadcasting

ESTONIA

Since April 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Ban of application
The Estonian government issued sanctions on the Russian app Yandex. The reason provided is that individuals using the application Yandex must provide access to a considerable amount of personal data, which is processed by the company on servers located in Russia. To prevent the collection and use of Estonian data by the Russian authorities, the government is banning the application, requiring app stores to restrict downloads of the Yandex application.
Coverage Yandex

ESTONIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since December 2010, entry into force in January 2011, as amended in February 2022

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Media Services Act (Meediateenuste seadus)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Estonia, the EU Directive was transposed into domestic law through the amendment of the Media Services Act of February 2022 (RT I, 27.02.2022). According to Art. 24 of the Act, on-demand audiovisual media service providers are required to ensure that at least 30% of the programmes in their catalogue consist of European works. Additionally, these providers must report their compliance with this requirement to the Consumer Protection and Technical Regulatory Authority by 15 February each year. Estonia has not implemented financial contribution obligations to VOD service providers.
Coverage On-demand audiovisual service

Report issue     Report new measure