KENYA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Kenya is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
KENYA
Since October 1998, entry into force in February 1999, as amended in 2020
Since August 2020, until August 2023
Since August 2020, until August 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Kenya Information and Communications Act, 1998
The National Information Communications and Technology (ICT) Policy Guidelines, 2020
The National Information Communications and Technology (ICT) Policy Guidelines, 2020
Paragraph 7.2.4 of the National Information Communication and Technology Policy Guidelines of 2020 mandated that a company must have at least 30% substantive Kenyan ownership to be licensed by the Communication Authority to provide ICT services in Kenya. This requirement applied until August 2023 when, through Gazette Notice 11079 dated 22 August 2023, the Kenyan Cabinet Secretary for Information, Communications, and the Digital Economy formally announced the deletion of the paragraph. According to Section 2 of the Kenya Information and Communications Act, information and communication technologies encompass the technologies used in collecting, storing, using, or transmitting information, including those involving computers or any telecommunication system. This definition includes ICT, telecommunication, and audiovisual services. Previously, this ownership requirement was 20% for telecommunications licensees.
Coverage ICT services, telecommunication, broadcasting sectors
Sources
- https://web.archive.org/web/20220121023554/https://www.ca.go.ke/wp-content/uploads/2021/02/Kenya-Information-and-Communication-Act-1998.pdf
- https://web.archive.org/web/20220217093805/https://ca.go.ke/wp-content/uploads/2020/10/National-ICT-Policy-Guidelines-2020.pdf
- https://web.archive.org/web/20230322230658/https://www.bowmanslaw.com/insights/technology-media-and-telecommunications/publication-of-the-national-information-communication-and-technology-policy-guide...
- https://web.archive.org/web/20221117030224/https://www.ca.go.ke/industry/telecommunication/licensing-procedure/
- https://web.archive.org/web/20240613044948/https://bowmanslaw.com/insights/kenya-cabinet-secretary-removes-local-equity-requirement-for-all-ict-sector-players-with-immediate-effect/
- https://web.archive.org/web/20240519040422/https://gazettes.africa/akn/ke/officialGazette/government-gazette/2023-08-22/187/eng@2023-08-22
- Show more...
KENYA
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)
7.29%
Coverage rate of zero-tariffs on ICT goods (%)
44.05%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ITALY
Since 2014
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Regulation of allocation and management of ".it" domain names
As provided in provision 1.2.3 of the Regulation of allocation and management of ".it" domain names, registration of an ".it" domain name is only permitted to persons of legal age who have citizenship, residence or registered office in the countries of the European Economic Area (EEA), the Vatican State, the Republic of San Marino and the Swiss Confederation.
Coverage Horizontal
ITALY
Since June 2014
Since September 2005
Since September 2005
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Code - Legislative Decree No. 206 of 6 September 2005 (Codice del consumo - Decreto Legislativo No. 206 del 6 Settembre 2005)
Consumer Code - Legislative Decree No. 206 of 6 September 2005 (Codice del consumo - Decreto Legislativo No. 206 del 6 Settembre 2005)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Code - Legislative Decree No. 206 of 6 September 2005 - Part III - Title III - Chap I Consumer Rights.
Coverage Horizontal
ITALY
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
Italy has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ITALY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Italy 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
ITALY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Italy 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
ITALY
Since March 2010, entry into force in May 2010, last amended in 2018
Since November 2021
Since November 2021
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)
Legislative Decree No. 208 of 8 November 2021: Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 Amending Directive 2010/13/EU on the Coordination of Certain Provisions Laid Down by Law, Regulation or Administrative Action in Member States Concerning the Single Text for the Provision of Audiovisual Media Services, in View of Changing Market Realities. (Decreto Legislativo 8 Novembre 2021, No. 208 Attuazione della Direttiva (UE) 2018/1808 del Parlamento Europeo e del Consiglio, del 14 Novembre 2018, Recante Modifica della Direttiva 2010/13/UE, Relativa al Coordinamento di Determinate Disposizioni Legislative, Regolamentari e Amministrative degli Stati Membri, Concernente il Testo Unico per la Fornitura di Servizi di Media Audiovisivi in Considerazione dell'Evoluzione delle Realità del Mercato).
Legislative Decree No. 208 of 8 November 2021: Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 Amending Directive 2010/13/EU on the Coordination of Certain Provisions Laid Down by Law, Regulation or Administrative Action in Member States Concerning the Single Text for the Provision of Audiovisual Media Services, in View of Changing Market Realities. (Decreto Legislativo 8 Novembre 2021, No. 208 Attuazione della Direttiva (UE) 2018/1808 del Parlamento Europeo e del Consiglio, del 14 Novembre 2018, Recante Modifica della Direttiva 2010/13/UE, Relativa al Coordinamento di Determinate Disposizioni Legislative, Regolamentari e Amministrative degli Stati Membri, Concernente il Testo Unico per la Fornitura di Servizi di Media Audiovisivi in Considerazione dell'Evoluzione delle Realità del Mercato).
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 Italy, the EU Directive was transposed into domestic law through Legislative Decree No. 208. According to Art. 55 of the Decree, catalogues of on-demand audiovisual media service providers under Italian jurisdiction must prominently feature at least 30% European works. Providers are required to ensure that, over the past five years, at least 30% of their catalogue consists of European audiovisual works, excluding those that charge a specific fee for individual programmes. Additionally, at least 50% of the European works quota must be reserved for original Italian works produced by independent producers within the last five years. The regulations referred to in Art. 57 shall stipulate that at least one-fifth of the sub-quota of investment must be reserved for cinematographic works of original Italian expression produced by independent producers in the last five years, regardless of where they were made.
In Italy, the EU Directive was transposed into domestic law through Legislative Decree No. 208. According to Art. 55 of the Decree, catalogues of on-demand audiovisual media service providers under Italian jurisdiction must prominently feature at least 30% European works. Providers are required to ensure that, over the past five years, at least 30% of their catalogue consists of European audiovisual works, excluding those that charge a specific fee for individual programmes. Additionally, at least 50% of the European works quota must be reserved for original Italian works produced by independent producers within the last five years. The regulations referred to in Art. 57 shall stipulate that at least one-fifth of the sub-quota of investment must be reserved for cinematographic works of original Italian expression produced by independent producers in the last five years, regardless of where they were made.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20230128185956/https://www.normattiva.it/uri-res/N2Ls?urn:nir:stato:decreto.legislativo:2021-11-08;208
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
- Show more...
ITALY
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Autorita per le Garanzie Nelle Comunicazioni (AGCOM), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
ITALY
Since October 2008, entry into force in July 2009
Pillar Cross-border data policies |
Indicator Local storage requirement
IVASS Regulation No. 27 of 14 October 2008 (Regolamento ISVAP n. 27 del 14 ottobre 2008)
Pursuant to Art. 5.1 of Regulation No. 27, promulgated by the Institute for the Supervision of Insurance (IVASS), insurance and reinsurance undertakings domiciled in Italy are mandated to retain their insurance registers at their principal place of business. Conversely, entities whose head offices are situated in third countries are required to maintain such registers at their Italian branch offices. Art. 5.2 of the same Regulation permits these undertakings to relocate and store the registers at an alternative site, provided that the location remains within Italian territory and that IVASS is assured of secure access, document integrity, and efficient retrieval mechanisms.
Coverage Insurance sector
ITALY
Since November 1972, as amended in May 2021, entry into force in June 2021
Pillar Cross-border data policies |
Indicator Conditional flow regime
Presidential Decree No. 633/1972 on the Establishment and Regulation of Value-Added Tax (Decreto del Presidente della Repubblica 26 Ottobre 1972, No. 633: Istituzione e Disciplina dell'Imposta sul Valore Aggiunto)
Art. 39 of the Presidential Decree No. 633 of 1972 states that electronic archives related to accounting data for VAT declarations may be kept in a foreign country only if some kind of convention has been concluded between Italy and the receiving country governing the exchange of information in the field of direct taxation. Therefore, such limitation does not apply intra-EU.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231129132227/https://def.finanze.it/DocTribFrontend/getAttoNormativoDetail.do?ACTION=getArticolo&id=%7B75A4827C-3766-4ECC-9C45-00C8D6CDC552%7D&codiceOrdinamento=200003900...
- https://web.archive.org/web/20170310135005/http://kommers.se/Documents/dokumentarkiv/publikationer/2015/Publ-online-trade-offline-rules.pdf/
- https://web.archive.org/web/20230204054317/https://www.normattiva.it/uri-res/N2Ls?urn:nir:presidente.repubblica:decreto:1972;633
- https://web.archive.org/web/20201230092101/http://www.res-legal.eu/search-by-country/italy/sources/t/source/src/dpr-63372/
- Show more...
ITALY
Since April 2016, entry into force in May 2018
Since June 2003, entry into force in January 2004, last amended in August 2018
Since June 2003, entry into force in January 2004, last amended in August 2018
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Italian Personal Data Protection Code (Codice in materia di protezione dei dati personali (D.lgs. n. 196/2003))
Italian Personal Data Protection Code (Codice in materia di protezione dei dati personali (D.lgs. n. 196/2003))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Italy implemented the GDPR by means of the Personal Data Protection Code.
Coverage Horizontal
ITALY
Since May 2006
In April 2014
Since January 2004
In April 2014
Since January 2004
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
Privacy Code (Codice della Privacy (Dlgs 196/2003))
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Privacy Code (Codice della Privacy (Dlgs 196/2003))
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 Italy, the Directive has been implemented through an amendment to the Privacy Code effective as of August 2009 and still applies today. Under the Privacy Code, providers of a public communications network or a publicly available electronic communications service must retain "telephone traffic data" and "electronic communications traffic data" for 24 months or 12 months, respectively, for law enforcement purposes. A 30-day retention period applies in case data related to unsuccessful calls are processed on a provisional basis.
In Italy, the Directive has been implemented through an amendment to the Privacy Code effective as of August 2009 and still applies today. Under the Privacy Code, providers of a public communications network or a publicly available electronic communications service must retain "telephone traffic data" and "electronic communications traffic data" for 24 months or 12 months, respectively, for law enforcement purposes. A 30-day retention period applies in case data related to unsuccessful calls are processed on a provisional basis.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20241107201625/https://www.lexology.com/library/detail.aspx?g=b1633127-9940-4b4f-851e-8f3faf56913d
- https://web.archive.org/web/20240127133912/https://www.uke.gov.pl/gfx/uke/userfiles/m-pietrzykowski/telecommunications_act_en.pdf
- https://web.archive.org/web/20240105004010/http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- Show more...
ITALY
Since February 2015, as amended in November 2017
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law No. 7 of 2015 (Anti-Terrorism Decree) (Decreto-Legge 18 febbraio 2015, No. 7)
In Italy, operators are obliged to retain data for extended periods on the basis of that Anti-Terrorism Decree. As a result of the amendment to the Anti-Terrorism Decree through Law No. 167 of 2017, companies under the scope of the Anti-Terrorism Decree to this end shall set a retention period of 72 months (6 years) for both telephone and traffic data.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230925140201/https://www.gazzettaufficiale.it/eli/id/2017/11/27/17G00180/sg
- https://web.archive.org/web/20230204094507/https://www.labparlamento.it/conservazione-dei-dati-telefonici-per-il-garante-e-necessario-rivederne-i-tempi/
- https://web.archive.org/web/20230327220628/https://www.gazzettaufficiale.it/eli/id/2015/02/19/15G00019/sg
- Show more...
