RUSSIA
Since January 2016, as amended in August 2020, last amended in December 2023
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Government Decree No. 968 "On restrictions and conditions for the admission of certain types of radio-electronic products originating from foreign countries for the purpose of making purchases to meet state and municipal needs" (Постановление Правительства РФ от 26 сентября 2016 г. N 968 "Об ограничениях и условиях допуска отдельных видов радиоэлектронной продукции, происходящих из иностранных государств, для целей осуществления закупок для обеспечения государственных и муниципальных нужд")
In January 2016, through Government Decree No. 968, Russia implemented a ban on procuring 113 types of foreign-made radio-electronic products and components for state and municipal needs, provided there are at least two bids for similar items manufactured in Russia or a member state of the Eurasian Economic Union. This list was significantly reduced in August 2020, when Government Resolution No. 878 limited the restrictions to 13 types of foreign-made radio-electronic products and components. The most recent amendments to this list were introduced in December 2023 through the Resolution of the Government of the Russian Federation No. 2094, "On Amendments to Certain Acts of the Government of the Russian Federation."
Coverage Radio-electronic equipment
RUSSIA
Since January 2020
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Government Decree No. 1746, "On establishing a prohibition on the admission of certain types of goods originating from foreign countries, and amending certain acts of the government of the Russian Federation" (Постановление Правительства РФ от 21 декабря 2019 г. № 1746 “Об установлении запрета на допуск отдельных видов товаров, происходящих из иностранных государств, и внесении изменений в некоторые акты Правительства Российской Федерации")
Government Decree No. 1746 of December 2019, "On establishing a prohibition on the admission of certain types of goods originating from foreign countries, and amending certain acts of the government of the Russian Federation", puts in place a two-year prohibition on the procurement of almost all types of memory storage devices from foreign states for governmental and municipal needs, except for data storage systems included in the unified state register of Russian radio-electronic devices.
Coverage Data storage devices
RUSSIA
Since January 2016
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Resolution No. 1236 "On Prohibition of Admission of Software originated in Foreign Countries for the Purposes of Procurement for State and Municipal Needs" (ПОСТАНОВЛЕНИЕ от 16 ноября 2015 г. № 1236 "Об установлении запрета на допуск программного обеспечения, происходящего из иностранных государств, для целей осуществления закупок для обеспечения государственных и муниципальных нужд")
Decree No. 1236 restricts the procurement of foreign software, mandating that only Russian software may be used for state and municipal orders. Exceptions to this rule are permitted only when Russian software is unavailable or fails to meet specific criteria, allowing organisations to procure software from foreign providers in such cases.
Coverage Software
Sources
- https://web.archive.org/web/20211027171205/http://pravo.gov.ru/proxy/ips/?docbody=&nd=102382688
- https://web.archive.org/web/20211025230839/https://www.globaltradealert.org/state-act/10400
- https://web.archive.org/web/20220223093745/http://www.oecd.org/daf/inv/investment-policy/12th-G20-Report.pdf
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PHILIPPINES
Since June 2022
Since March 2000, as amended in December 2021
Since March 2022
Since March 2000, as amended in December 2021
Since March 2022
Pillar Online sales and transactions |
Indicator Maximum foreign equity share for investment in the e-commerce sector
Executive Order No. 175 Promulgating the Twelfth Regular Foreign Investment Negative List
Retail Trade Liberalization Act of 2000
Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
Retail Trade Liberalization Act of 2000
Implementing Rules and Regulations of the Retail Trade Liberalization Act of 2000 as amended by Republic Act No. 11595
According to List A of the Twelfth Regular Foreign Investment Negative List and Section 5 of the Retail Trade Liberalisation Act, as amended by Republic Act No. 11595, foreign investment in small retail enterprises is restricted to Philippine nationals. Retail trade businesses with capital below USD 500,000 are exclusively reserved for Filipino citizens. In addition, Section 3 of Rule III of the Implementing Rules and Regulations of the Retail Trade Liberalisation Act explicitly stipulates that this limitation extends to foreign retailers operating solely through online platforms.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20250108201443/https://www.officialgazette.gov.ph/downloads/2022/06jun/20220627-EO-175-RRD.pdf
- https://web.archive.org/web/20250108201506/https://www.dti.gov.ph/?sdm_process_download=1&download_id=25742
- https://web.archive.org/web/20250108201518/https://web.senate.gov.ph/republic_acts/ra%2011595.pdf
- https://web.archive.org/web/20250108201536/https://boi.gov.ph/wp-content/uploads/2022/03/IRR-of-the-Retail-Trade-Liberalization-Act-as-amended-by-RA-11595.pdf
- https://web.archive.org/web/20250106044006/https://ustr.gov/about-us/policy-offices/press-office/press-releases/2023/march/ustr-releases-2023-national-trade-estimate-report-foreign-trade-barriers
- https://web.archive.org/web/20241223212944/https://www.state.gov/reports/2023-investment-climate-statements/the-philippines/
- https://web.archive.org/web/20250108201956/https://insightplus.bakermckenzie.com/bm/mergers-acquisitions_5/philippines-philippine-department-of-trade-and-industry-issues-the-implementing-rules-and-reg...
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PHILIPPINES
Since August 2016
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Republic Act No. 10863 - Customs Modernization and Tariff Act (CMTA)
The Philippines' de minimis threshold, which is the minimum value of goods below which customs do not charge duties, has increased from PHP 10 (approx. USD 0.17) to PHP 10,000 (approx. USD 180) since the Customs Modernization and Tariff Act (Art. 423) was passed in 2016. This is below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
PHILIPPINES
Since June 2000
Since July 1992
Since July 1992
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Republic Act No. 8792 - Electronic Commerce Act 2000
Republic Act No. 7394 - The Consumer Act of the Philippines
Republic Act No. 7394 - The Consumer Act of the Philippines
The Electronic Commerce Act 2000 and the Consumer Act provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 34 of the Commerce Act 2000, violations of the Consumer Act or Republic Act No. 7394 and other relevant or pertinent laws through transactions made through electronic data messages or electronic documents shall be punishable with the same penalties provided in said laws.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20230926163424/https://www.officialgazette.gov.ph/2000/06/14/republic-act-no-8792-s-2000/
- https://web.archive.org/web/20230922105506/https://www.pntr.gov.ph/wp-content/uploads/2021/04/RA-7394.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ph
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PHILIPPINES
Since July 2022, entry into force in February 2023
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
The Philippines has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PHILIPPINES
Since 2000
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
The Philippines has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
PHILIPPINES
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The Philippines 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
PHILIPPINES
Since August 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Republic Act No. 10697 - Strategic Trade Management Act, particularly the National Strategic Goods List - Annex 2: List of dual use strategic goods
In 2017, the Philippine government enacted the Philippine National Strategic Goods List Annex 2, regulating the strategic dual-use items for both export and import for national security reasons. Some of these dual-use items are electronics and computers that reach a specific technical level that qualifies them as fit for military use.
Coverage Dual use strategic goods, including electronics and computers
PHILIPPINES
Since January 2015
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Certification requirement
Self-declaration of conformity is not allowed in the Philippines. Audio and video products such as TVs and LCD panels marketed in the Philippines are required to be certified according to the relevant Philippine PNS safety standard, which is equivalent to the international IEC 60065:2007. There are two options:
- a voluntary license to use the Philippine Standard PS-mark on manufactured products as granted by the Bureau of Product Standards (BPS); or
- use of stickers with the mandatory Import Commodity Clearance (ICC)-mark on imported products.
Products must be tested within the Philippines, and applications must be submitted through a local representative. Additionally, periodic factory audits are required for the PS-mark.
Certification of some teleocom equipment types requires testing at the incumbent telecom carrier laboratories, while approval is based on a review of foreign standard test reports for other categories. The Philippines' National Telecommunication Commission (NTC) also issues certifications for telecom equipment that is connected to public network services.
- a voluntary license to use the Philippine Standard PS-mark on manufactured products as granted by the Bureau of Product Standards (BPS); or
- use of stickers with the mandatory Import Commodity Clearance (ICC)-mark on imported products.
Products must be tested within the Philippines, and applications must be submitted through a local representative. Additionally, periodic factory audits are required for the PS-mark.
Certification of some teleocom equipment types requires testing at the incumbent telecom carrier laboratories, while approval is based on a review of foreign standard test reports for other categories. The Philippines' National Telecommunication Commission (NTC) also issues certifications for telecom equipment that is connected to public network services.
Coverage Electronic products
Sources
- https://web.archive.org/web/20211026024621/https://nemko.com/news/philippines-introduces-mandatory-certification-v-products
- https://web.archive.org/web/20160315083552/https://www.emcbayswater.com.au/compliance/global.html
- https://web.archive.org/web/20230925140150/https://www.apec.org/docs/default-source/groups/scsc/2021/philippines_part-1-information-interchange_revised.pdf?sfvrsn=d7b37551_2
- https://web.archive.org/web/20230608085907/https://www.pntr.gov.ph/wp-content/uploads/2021/04/RA-4109.pdf
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PHILIPPINES
Since August 2012, entry into force in September 2012
Since September 2012
Since September 2012
Pillar Domestic data policies |
Indicator Framework for data protection
Data Privacy Act of 2012 (Republic Act No. 10173)
Republic Act No. 10175 - Cybercrime Prevention Act of 2012
Republic Act No. 10175 - Cybercrime Prevention Act of 2012
Personal data in the Philippines is regulated under the Data Privacy Act of 2012 (RA 10173) and the Cybercrime Prevention Act of 2012 (RA 10175).
Coverage Horizontal
PHILIPPINES
Since September 2012
Pillar Domestic data policies |
Indicator Minimum period for data retention
Republic Act No. 10175 - Cybercrime Prevention Act of 2012
RA 10175 mandates that “traffic data and subscriber information relating to communication services shall be kept, retained, and preserved by a service provider for a minimum period of six months from the date of the transaction.” This minimum data retention requirement, while under judicial or investigative procedure, is costly for the service provider.
Coverage Telecommunication service providers
PHILIPPINES
Since 2007
Pillar Domestic data policies |
Indicator Minimum period for data retention
National Telecommunications Commission (NTC) Memorandum Circular No. 04-06-2007 - Data log retention of telecommunication traffic
The National Telecommunications Commission (NTC) regulations require telecommunications entities to retain call traffic data on the origin, destination, date, time and duration of communications and to retain data within the following periods: two months for non-metered services with fixed monthly charges; four months for other telecommunications services; or until excused by the NTC for records requested in connection with pending complaints.
Coverage Telecommunications sector
PHILIPPINES
Since August 2012, entry into force in September 2012
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Privacy Act of 2012 (Republic Act No. 10173)
RA 10173 requires that “any natural or juridical person or other body involved in the processing of personal data [to] designate an individual or individuals who shall function as data protection officers.” This requirement can impose additional trade costs on firms since data privacy compliance is a horizontally-applied measure.
Coverage Horizontal
