JORDAN
N/A
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Open and transparent standard-setting process
Lack of transparency in standard setting
It is reported that technical standards (Jordan Quality Mark) are published in the Jordan Official Gazette in hard copy only and are registered in the Jordan Quality Mark database. Businesses need to purchase from the Jordan Standards and Metrology Organisation (JMSO) for the Jordan Official Gazette as well as a disk with the Jordan Quality Mark database.
Coverage Horizontal
JORDAN
Since September 2023, entry into force in March 2024
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 24 of 2023 - Personal Data Protection Law
(القانون رقم (24) لسنة 2023 قانون حماية البيانات الشخصية)
(القانون رقم (24) لسنة 2023 قانون حماية البيانات الشخصية)
Art. 15 of the Personal Data Protection Law provides that any cross-border transaction of personal information must be transferred to a party that has a sufficient level of data protection. The level of protection afforded to a data recipient is equivalent to that imposed by Jordanian laws and regulations, except in the following cases: judicial cooperation is established under international conventions and treaties; international cooperation in the field of combating crimes; data exchange is essential for patient treatment; data exchange is related to epidemiological and health disasters or public health related to Jordan; the data subject has approved the transfer of data after being made aware that the level of protection outside the jurisdiction is not equivalent to the level imposed by Jordanian laws and regulations; and transfer of funds abroad.
Coverage Horizontal
JORDAN
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Jordan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
JORDAN
Since September 2023, entry into force in March 2024
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Law No. 24 of 2023 - Personal Data Protection Law
(قانـــــــون رقــــــــم )24( لسنــة 2023 قانـــــــون حمايـة البيانــات الشخصيـة)
(قانـــــــون رقــــــــم )24( لسنــة 2023 قانـــــــون حمايـة البيانــات الشخصيـة)
Law No. 24 provides a comprehensive regime of data protection in Jordan. The provisions of the Law are applicable to any personal and sensitive information processing of natural persons, whether such data was collected or processed before or after the effectiveness of the Law within Jordan, and apply to controllers who are also based outside of Jordan. The Law also applies to both domestic and international data transfers. In addition, the Law outlines several rights for individuals, namely the right to be informed, to access and obtain held data by the data controller, to object and withdraw consent, to correct, amend, add or update data, to restrict data processing, to be forgotten, to ensure data is erased, and to data portability. Furthermore, the Law includes obligations regarding the notification of data infringements and breaches to individuals.
Coverage Horizontal
JORDAN
Since May 2017
Since December 2018
Since December 2018
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Electronic Payment and Transfer of Money Regulation No. 111/2017
(نظام الدفع والتحويل الالكتروني للأموال لسنة 2017)
Instructions of Anti Money Laundering and Counter-Terrorist Financing For Electronic Payments and Money Transfer Companies No. 12/2018
(نظام الدفع والتحويل الالكتروني للأموال لسنة 2017)
Instructions of Anti Money Laundering and Counter-Terrorist Financing For Electronic Payments and Money Transfer Companies No. 12/2018
The Instructions of Anti-Money Laundering and Counter-Terrorist Financing For Electronic Payments and Money Transfer Companies No. 12/2018, issued under the Payment and Transfer of Money Regulation No. 111/2017, introduces a data retention requirement of five years for transaction data and system logs.
Coverage Financial sector
Sources
- https://web.archive.org/web/20240626152850/https://www.dlapiperdataprotection.com/index.html?t=law&c=JO
- https://web.archive.org/web/20240918122657/https://www.cbj.gov.jo/ebv4.0/root_storage/en/eb_list_page/4c677a06-7a87-45f2-9f9b-f6be53761dc9.pdf
- https://web.archive.org/web/20240625005228/https://www.cbj.gov.jo/EchoBusV3.0/SystemAssets/4b130b44-4158-48f1-8163-6056edbdbc50.pdf
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JORDAN
Since September 2023, entry into force in March 2024
Pillar Domestic data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law No. 24 of 2023 - Personal Data Protection Law
(قانـــــــون رقــــــــم )24( لسنــة 2023 قانـــــــون حمايـة البيانــات الشخصيـة)
(قانـــــــون رقــــــــم )24( لسنــة 2023 قانـــــــون حمايـة البيانــات الشخصيـة)
Art. 11(a) of the Personal Data Protection Law provides that the controller shall be committed to appointing a DPO in the following instances:
- If the main business of the controller is the processing of personal data;
- They process sensitive personal data;
- They process the personal data of natural individuals who do not have legal capacity;
- Processing includes financial information;
- The responsible person transfers personal data outside Jordan;
- Any other case for which the Council decides to oblige the controller to appoint a DPO.
- If the main business of the controller is the processing of personal data;
- They process sensitive personal data;
- They process the personal data of natural individuals who do not have legal capacity;
- Processing includes financial information;
- The responsible person transfers personal data outside Jordan;
- Any other case for which the Council decides to oblige the controller to appoint a DPO.
Coverage Horizontal
JORDAN
Since September 2023, entry into force in March 2024
Pillar Domestic data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law No. 24 of 2023 - Personal Data Protection Law
(قانـــــــون رقــــــــم )24( لسنــة 2023 قانـــــــون حمايـة البيانــات الشخصيـة)
(قانـــــــون رقــــــــم )24( لسنــة 2023 قانـــــــون حمايـة البيانــات الشخصيـة)
Pursuant to Art. 11(b)(2) of the Personal Data Protection Law, one of the duties of the controller is to carry out a periodic assessment and evaluation of the database, data processing systems, and systems, preserving the security and safety of data. The controller must document the outcomes of such assessment, issue the necessary recommendations for protecting the data, and implement such recommendations alongside monitoring procedures adopted for protecting data and documenting compliance with the law and relevant legislation.
Coverage Horizontal
JORDAN
Since April 2018
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Regulation Regulating the Transportation of Passengers through Smart Applications No. 9 of 2018
(نظام تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية صا نظام رقم (۹) لسنة ٢٠١٨)
(نظام تنظيم نقل الركاب من خلال استخدام التطبيقات الذكية صا نظام رقم (۹) لسنة ٢٠١٨)
Art. 5 of the Regulation Regulating the Transportation of Passengers through Smart Applications provides that the Land Transport Regulatory Commission has the discretion to request from an operator of ride-hailing apps the information it holds in its database, specifically relating to the service provider, the vehicle, the passenger and ride.
It is reported that as a result of this regulation, the Ministry of Transportation, as well as judicial and security bodies, can access the companies’ servers and databases without a court order.
It is reported that as a result of this regulation, the Ministry of Transportation, as well as judicial and security bodies, can access the companies’ servers and databases without a court order.
Coverage Ride-hailing apps
JORDAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Jordan's law and jurisprudence.
Coverage Horizontal
JORDAN
Since May 2004
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Jordan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
JORDAN
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law No. 15/2000 on Trade Secrets and Unfair Competition Law
(قانون المنافسة غير المشروعة والأسرار التجارية رقم 15 لسنة 2000)
(قانون المنافسة غير المشروعة والأسرار التجارية رقم 15 لسنة 2000)
Jordan has established a legal framework that effectively safeguards trade secrets through Law No. 15/2000 on Trade Secrets and Unfair Competition. Arts. 5 to 7 of this Law delineate fundamental principles concerning the protection of trade secrets. Art. 5 affirms the rights of individuals who lawfully control trade secrets, enabling them to disclose, utilise, and protect these secrets from any form of misuse. Art. 6 characterises the misappropriation of trade secrets as the unauthorised acquisition, use, or disclosure of such secrets in contravention of fair commercial practices. This provision specifies particular violations, including breaches of contract and inducements to violate trust, while clarifying that individual access or reverse engineering does not amount to misuse. Finally, Art. 7 empowers the lawful controller of trade secrets to seek compensation for damages resulting from misuse and to initiate legal actions aimed at halting misuse, seizing misappropriated items, and preserving relevant evidence.
Coverage Horizontal
JORDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Jordan to deliver telecom services to end users. Passive sharing is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
JORDAN
Reported in 2015, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The telecom sector is dominated by three major players: JTG (Orange Jordan), Zain Jordan, and Umniah. The incumbent carrier JTG was privatised in 2000 and made an initial public offering in 2002, with France Telecom acquiring a majority share in 2006. Currently, the company is majority-owned by France Telecom, operating as Orange Jordan, while the Jordanian government maintains a 29% stake through the Social Security Corporation.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240305090535/https://www.wto.org/english/tratop_e/tpr_e/s446_e.pdf
- https://web.archive.org/web/20240318021450/https://orange.jo/sites/default/files/documents/orange-annual-report-2020-en.pdf
- https://web.archive.org/web/20240318021322/https://orange.jo/sites/default/files/documents/orange-annual-report-2022.pdf
- https://web.archive.org/web/20171107163755/https://oxfordbusinessgroup.com/overview/dynamic-market-private-sector-ambitions-rising-internet-penetration-and-shift-4g-are-tran-0
- https://web.archive.org/web/20221002195551/https://www.ssc.gov.jo/en/about-the-corporation/
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JORDAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Jordan mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
JORDAN
Since December 2004
Since October 1995
Since October 1995
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Instructions Regarding the Application Procedures and Criteria for the Award of Public Telecommunications Individual and Class Licenses
(تعليمات شروط وإجراءات منح رخص الاتصالات العامة)
Law No. 13 of 1995 on Telecommunications (قانون واالتصاالت لسنة 1995)
(تعليمات شروط وإجراءات منح رخص الاتصالات العامة)
Law No. 13 of 1995 on Telecommunications (قانون واالتصاالت لسنة 1995)
According to Art. 3.2 of the Instructions Regarding Application Procedures and Criteria for Granting Individual and Classified Public Telecommunications Licenses, licenses will be granted to qualified applicants unless there are valid reasons not to do so. These reasons may include national security, safety concerns, technical limitations, scarce resources, and the potential for creating an anti-competitive market environment for public telecommunications services, as outlined in Art. 28 of the Telecommunications Law.
According to Art. 20 of the Telecommunications Law, the establishment, operation, and administration of public telecommunications networks and the provision of public telecommunications services are not permitted unless a license has been obtained from the Telecommunications Regulatory Commission (TRC). According to Art. 26, all those wishing to obtain a license shall be given the opportunity to submit their proposals or applications if they meet the conditions specified by the Commission. For this purpose, according to Art. 27, the following documents are needed to be enclosed with an application:
- Acceptable statements illustrating the technical and administrative ability of the applicant to provide the service;
- Acceptable statements illustrating the financial ability of the applicant and the funding sources of the project;
- Bases of pricing of the proposed services and the method of their calculation;
- Types of the proposed services, the geographical area to be covered, and the technology used in the service.
According to Art. 20 of the Telecommunications Law, the establishment, operation, and administration of public telecommunications networks and the provision of public telecommunications services are not permitted unless a license has been obtained from the Telecommunications Regulatory Commission (TRC). According to Art. 26, all those wishing to obtain a license shall be given the opportunity to submit their proposals or applications if they meet the conditions specified by the Commission. For this purpose, according to Art. 27, the following documents are needed to be enclosed with an application:
- Acceptable statements illustrating the technical and administrative ability of the applicant to provide the service;
- Acceptable statements illustrating the financial ability of the applicant and the funding sources of the project;
- Bases of pricing of the proposed services and the method of their calculation;
- Types of the proposed services, the geographical area to be covered, and the technology used in the service.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221018072106/https://trc.gov.jo/EchoBusV3.0/SystemAssets/PDF/AR/%D8%AA%D8%B1%D8%AE%D9%8A%D8%B5%20%D8%A7%D9%84%D8%A7%D8%AA%D8%B5%D8%A7%D9%84%D8%A7%D8%AA/%D8%A7%D9%84%D8%A7...
- https://www.wipo.int/wipolex/en/text/336959
- https://web.archive.org/web/20231205142522/https://freedomhouse.org/country/jordan/freedom-net/2021#footnoteref3_0sic8c8
- https://web.archive.org/web/20231212031718/https://trc.gov.jo/EchoBusV3.0/SystemAssets/%D9%82%D8%A7%D9%86%D9%88%D9%86%20%D8%A7%D9%84%D8%A7%D8%AA%D8%B5%D8%A7%D9%84%D8%A7%D8%AA%20%D9%88%D8%AA%D8%B9%D8%A...
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