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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

ESTONIA

Since June 2015, entry into force in January 2016

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Insurance Activities Act (Kindlustustegevuse seadus)
Pursuant to Section 85.8 of the Insurance Activities Act, an Estonian branch of a third-country insurance undertaking is obliged to retain within Estonia all accounting documentation pertaining to its Estonian operations.
Coverage Insurance sector

ESTONIA

Reported in 2024

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Reported local processing requirement
It is reported that the Estonian Information System Authority has issued guidelines setting out the requirements for the use of cloud services by public sector entities acting as chief processors (i.e., data controllers) of databases. Under these guidelines, a database is defined as a structured body of data processed within an information system of a public authority, established and utilised for the performance of functions mandated by legislation, subordinate legal acts, or international agreements. The guidelines specify that, where the storage of certain public data in cloud environments is permitted, such data must be hosted exclusively within the European Economic Area (EEA). Depending on the outcome of a risk assessment and impact analysis, some categories of data or services may also be required to be stored solely on physical servers located within the territory of Estonia.
Coverage Public sector

ESTONIA

Since January 2023, entry into force in September 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Reliability Assessment Act (Välisinvesteeringu usaldusväärsuse hindamise seadus)
In January 2023, the Estonian Parliament adopted the Foreign Investment Reliability Assessment Act, introducing an FDI screening regime. This new legislation applies to non-EU foreign investments in strategic and sensitive areas vital to the state's functioning, including the telecom sector, as well as to specific companies like media companies, providers of digital identification and signing services, providers of on-demand audiovisual media services, and operators of internet-based services critical to national security. According to Art. 5 of the Act, to acquire 10% or more of the share capital or gain direct or indirect control over a target company, approval from the Consumer Protection and Technical Regulatory Authority is required. Before granting permission, the authority will evaluate the potential impact of foreign investment on the security and public order of Estonia or another EU member state.
Coverage Critical sector

ESTONIA

Since April 2004

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Lack of effective protection of patents
It is reported by IP Agency Lasvet that court proceedings for patent litigation are often cumbersome and time-consuming, and that there is a lack of technical know-how on IP issues in the country's court system. This is despite Directive 2004/48/EC on the enforcement of intellectual property rights, which states that Member States shall provide the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly or entail unreasonable time limits or unwarranted delays. Estonia transposed the Directive through a series of amendments to existing legislation in 2006.
Coverage Horizontal

ESTONIA

Since August 1994

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Estonia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

ESTONIA

Since May 2001
Since 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Copyright Act (Autoriõiguse seadus)
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.
The Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.
Coverage Horizontal

ESTONIA

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Estonia has one of the highest piracy rates in the EU. At the end of 2022, each internet user in the EU accessed websites offering copyright-infringing content about 10 times per month on average. Estonia, however, had nearly 25 accesses per user per month. Additionally, the computer software market in Estonia faces a severe piracy issue, with reports indicating that over 90% of software is pirated. This includes everything from simple computer-to-computer copying and re-installation to outright piracy of software on CDs and disks.
Coverage Horizontal

ESTONIA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Estonia have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

ESTONIA

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Estonia have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

ESTONIA

Since June 2016
Since November 2018, entry into force in December 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure

Restriction of Unfair Competition and Protection of Business Secrets Act (Ebaausa konkurentsi takistamise ja ärisaladuse kaitse seadus)
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. Estonia transposed the Directive through the Restriction of Unfair Competition and Protection of Business Secrets Act and a number of amendments to the Penal Code, the Code of Criminal Procedure and the Code of Civil Procedure.
Coverage Horizontal

ESTONIA

Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Estonia, and it is practised on mobile devices based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) 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.
Coverage Telecommunications sector

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