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ESWATINI

Since June 2018

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patents Act, 19/2018
According to Section 12 (c) of the Patents Act, an application for a patent is mandated to state an address for service in Eswatini to which all notices and communications may be sent, including the full postal, residential, and business addresses of the applicant. In terms of Sections 10 and 11 of the Patents Act, there are no restrictions on the application, registration, and recognition of patents for both local and foreign firms. The Registrar of Patents is mandated to register patents where the application is made in accordance with Section 9 of the Act without any distinction on whether the applicant is a foreign or local holder of the patent.
Coverage Horizontal

ESWATINI

Since September 1994

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Eswatini is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
"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 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 April 2016, entry into force in May 2018
Since December 2018, entry into force in January 2019

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Personal Data Protection Act (Isikuandmete kaitse seadus)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Estonia implemented the GDPR in 2018 through the Personal Data Protection Act.
Coverage Horizontal

ESTONIA

Since May 2006
In April 2014
Since December 2004, entry into force in January 2005, last amended in March 2022

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Electronic Communications Act (Elektroonilise side seadus)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned.
In Estonia, the Electronic Communications Act continues to mandate traffic and location data retention. Arts. 111 and 112 of the Act require communications undertakings to retain various categories of communications metadata (including, but not limited to, location data) for a period of one year from the date of the communication.
Coverage Electronic communications

ESTONIA

Since December 2004, as amended in June 2012

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Electronic Communications Act (Elektroonilise side seadus)
Art. 112 of the Electronic Communications Act mandates that electronic communications providers furnish the communication data retained under Art. 111 within 10 hours for urgent requests, and within 10 days for other requests, made by the relevant agencies specified in the Act. Additionally, mobile telephone service providers are obliged to supply real-time identification of the location of the mobile device in use. Requests from the agencies may be made either in writing or orally. Notably, this provision does not require prior judicial authorisation. Art. 111 stipulates that internet and telecommunication service providers must retain a broad spectrum of communication data for the purposes of identifying, inter alia, the source, destination, time, duration, and location of the communication.
Coverage Telecommunications sector

ESTONIA

Since July 2020
Since May 2004

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for 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

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