HONDURAS
Since 1976
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Honduran Telecommunications Company (HONDUTEL) is a wholly state-owned enterprise.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20211208043603/https://www.wto.org/english/tratop_e/tpr_e/s336_e.pdf
- https://web.archive.org/web/20240709062521/https://www.hondutel.hn/index.php/quienes-somos-2/
- https://web.archive.org/web/20150728012137/https://www.prensario.net/6240-Honduras-Gobierno-vendera-51-de-Hondutel-a-capitales-privados.note.aspx
- https://web.archive.org/web/20241111154042/https://info.undp.org/docs/pdc/Documents/HND/INFORME%20FINAL%20PNUD-HONDUTEL.pdf
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HONDURAS
Since December 2005, last amended in May 2015
Since December 2002
Since December 2002
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Decree No. 357-2005 - Law for the defence and Promotion of Competition (Decreto No. 357-2005 - Ley para Defensa y Promoción de la Competencia)
General Regulations of the Framework Law for the Telecommunications Sector (Reglamento General de Ley Marco de Sector de Telecomunicaciones)
General Regulations of the Framework Law for the Telecommunications Sector (Reglamento General de Ley Marco de Sector de Telecomunicaciones)
Honduras mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Functional separation is found in the Law for the Defence and Promotion of Competition, which applies to all areas of economic activity, and in the General Regulations of the Framework Law for the Telecommunications Sector.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100047&s=8421
- https://web.archive.org/web/20161209110553/https://www.cdpc.hn/sites/default/files/Privado/marco_legal/Ley%20para%20la%20defensa%20y%20promosion%20de%20la%20competencia.pdf
- https://web.archive.org/web/20260119045124/https://www.tsc.gob.hn/web/leyes/Ref_decreto_357-2005-Ley_defensa_prom_competencia.pdf
- https://web.archive.org/web/20230201063745/https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
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HONDURAS
Since September 2005
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Honduras has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
HONDURAS
Since December 1995, last amended in February 2014
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Decree No. 185-95 - Framework Law for the Telecommunications Sector (Decreto No. 185-95 - Ley Marco del Sector de Telecomunicaciones)
According to the Framework Law of the Telecommunications Sector, the National Telecommunication Commission (CONATEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent of the government in its decision-making.
Coverage Telecommunications sector
HONDURAS
Since December 2016, entry into force in January 2017, last amended in December 2021
Pillar Cross-border data policies |
Indicator Local storage requirement
Decree No. 170-2016 - Tax Code (Decreto No. 170-2016 - Código Tributario)
According to Art. 63.3 of the Tax Code, taxpayers or the persons responsible for tax must conserve accounting books and special records, documents and other records of the taxable activity, electronic files, programs, sub programs and other records processed by electronic or computer systems, in an orderly manner and keep them in their fiscal domicile at the immediate disposal of the Finance Office's State Secretariat (SEFIN), the Customs Tax Superintendency, the Tax Administration or the Customs Administration, when requested or when duly accredited public servants show up at their fiscal domicile in order to request documentation or tax information. This information must be kept for a period of five years by taxpayers registered with the National Tax Registry and for a period of seven years in other cases. In addition, Art. 64.3 states that taxpayers must keep their accounting records at their fiscal domicile without prejudice to having contracted accounting services within the country.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240727070523/http://www.sefin.gob.hn/wp-content/uploads/2018/06/Texto_Consolidado_Codigo_Tributario_25JUNIO2018_Y_ANEXOS.pdf
- https://web.archive.org/web/20240329030227/https://www.tsc.gob.hn/biblioteca/index.php/codigos/699-codigo-tributario-decreto-no-170-2016
- https://www.dataguidance.com/comparisons/data-transfers
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HONDURAS
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments on cross-border data flows
Honduras has acceded to several agreements covering cross-border data aspects, but the relevant provisions on cross-border data flows are not binding. The agreements include the Free Trade Agreement between the Dominican Republic, Central America and the United States (Chapter 14.5), the Free Trade Agreement between the United Mexican States and the Republics of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua (Chapter 15), and the Canada-Honduras Free Trade Agreement (Chapter 16.5).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20231208160454/http://www.sice.oas.org/Trade/CAFTA/CAFTADR_e/chapter13_22.asp#Article14.5
- https://web.archive.org/web/20240515111018/https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/honduras/fta-ale/16.aspx?lang=eng
- https://web.archive.org/web/20240223132010/http://sice.oas.org/Trade/mextnorte/Mex_TNorte_s.asp#a1505
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HONDURAS
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection regime
There is no comprehensive data protection law in Honduras. The Law for the Protection of Confidential Personal Data is currently being discussed in the Honduran Congress. Personal data is mainly regulated by the Law of Transparency and Access to Public Information (Decree No. 170 – 2006), which introduced accountability for public entities that mishandled confidential personal data. In addition, the General Regulations of the Framework Law for the Telecommunications Sector define the seizure, use, or modification of reserved private data as grave offences subject to administrative sanctions by the National Telecommunication Commission of Honduras (CONATEL) and the Public Ministry. Moreover, the Criminal Code imposes criminal responsibility for infringing privacy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230209190923/https://www.tsc.gob.hn/web/leyes/Ley_de_Transparencia.pdf
- https://web.archive.org/web/20220314152838/https://www.dataguidance.com/notes/honduras-data-protection-overview
- https://web.archive.org/web/20221209062302/https://cei.iaip.gob.hn/doc/Anteproyecto%20de%20Ley%20de%20Proteccion%20de%20Datos%20Personales%20y%20Accion%20de%20Habeas%20Data%20de%20Honduras%20%20Final%...
- https://web.archive.org/web/20230131121731/https://www.tsc.gob.hn/web/leyes/Decreto_130-2017.pdf
- https://web.archive.org/web/20230201063745/https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
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HONDURAS
Since January 2000, last amended in March 2013
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
According to Art. 144 of the Industrial Property Law, all persons must file their applications through a legal representative. Where the applicant or holder of an industrial property right is domiciled or has its headquarters outside Honduras, they must be represented by an agent domiciled in the country.
Moreover, as established under Art. 45 of the Industrial Property Law, a patent application must include the name and address of a representative or agent in Honduras if the applicant has no domicile or establishment in the country.
Moreover, as established under Art. 45 of the Industrial Property Law, a patent application must include the name and address of a representative or agent in Honduras if the applicant has no domicile or establishment in the country.
Coverage Horizontal
HONDURAS
Since June 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Honduras is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
HONDURAS
Since January 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Related Rights Law (Ley del Derecho de Autor y de los Derechos Conexos)
Honduras has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 46-57 of the Copyright and Related Rights Law lists the exceptions for the lawful use of the copyrighted work by others without obtaining permission.
Coverage Horizontal
HONDURAS
Reported in 2017, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of effective protection of copyright online
Copyright is not adequately enforced online in Honduras. It is reported that, while the legislative framework for the protection of intellectual property rights, including the Honduran copyright law and its industrial property law, is generally adequate, the rules are often not effectively implemented. In particular, there are concerns about online and software piracy, as well as cable signal piracy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251227123748/https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
- https://web.archive.org/web/20231206061701/https://gss.bsa.org/wp-content/uploads/2018/06/2018_BSA_GSS_InBrief_US.pdf
- https://web.archive.org/web/20230331234500/https://www.state.gov/reports/2017-investment-climate-statements/honduras/
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HONDURAS
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
HONDURAS
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonogram Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
HONDURAS
Since January 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
According to the Art. 78 of Decree No. 12-99, industrial secrets are protected against disclosure. However, the state authority may require disclosure when necessary to protect the public, provided that the data or information is protected against unfair commercial use by third parties.
Coverage Horizontal
HONDURAS
Since January 2000
Since May 2019, last amended in 2021
Since May 2019, last amended in 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
Decree No. 130-2017 - Criminal Code (Decreto No. 130-2017 - Código Penal)
Decree No. 130-2017 - Criminal Code (Decreto No. 130-2017 - Código Penal)
The Industrial Property Law, together with the Criminal Code, establishes a framework for the protection and enforcement of trade secrets. Chapter III of the Industrial Property Law (Arts. 73–78) regulates industrial secrets and confidential regulatory data. Arts. 73–74 define an industrial secret as undisclosed information with productive, industrial, or commercial value that is not generally known or readily accessible, and reasonable confidentiality measures protect it. Arts. 75–76 grant the holder the right to seek relief against unauthorised use, disclosure or acquisition, including where the secret is obtained through illicit or disloyal means.
In addition, Arts. 163 and 165 of the Industrial Property Law set out the civil actions and measures available to prevent and remedy infringements of trade secrets, while Art. 395 of the Criminal Code provides for criminal sanctions, including imprisonment and fines, for the unlawful acquisition of commercial secrets.
In addition, Arts. 163 and 165 of the Industrial Property Law set out the civil actions and measures available to prevent and remedy infringements of trade secrets, while Art. 395 of the Criminal Code provides for criminal sanctions, including imprisonment and fines, for the unlawful acquisition of commercial secrets.
Coverage Horizontal
