CYPRUS
Since December 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Cyprus and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Cyprus acceded to the Treaty on 2 September 2005, with its provisions coming into force on 2 December 2005. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
CYPRUS
Since June 2016
Since November 2020
Since November 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law No. 164(I)/2020 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against their Unlawful Acquisition, Use, and Disclosure (Ο περί της Προστασίας της Τεχνογνωσίας και των Επιχειρηματικών Πληροφοριών που δεν έχουν Αποκαλυφθεί (Εμπορικό Απόρρητο) από την Παράνομη Απόκτηση, Χρήση και Αποκάλυψή τους Νόμος του 2020 (Ν. 164(I)/2020))
Law No. 164(I)/2020 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against their Unlawful Acquisition, Use, and Disclosure (Ο περί της Προστασίας της Τεχνογνωσίας και των Επιχειρηματικών Πληροφοριών που δεν έχουν Αποκαλυφθεί (Εμπορικό Απόρρητο) από την Παράνομη Απόκτηση, Χρήση και Αποκάλυψή τους Νόμος του 2020 (Ν. 164(I)/2020))
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Cyprus transposed the Directive through a series of amendments to existing legislation in 2020.
Coverage Horizontal
CROATIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Croatia 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
CROATIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Croatia 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
CROATIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since October 2021, as amended in October 2022
Since 2009, last amended in April 2013
Since October 2021, as amended in October 2022
Since 2009, last amended in April 2013
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)
Electronic Media Act (Zakon o elektroničkim medijima NN 111/21)
Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works (Pravilnik o kriterijima i načinu povećanja opsega udjela europskih djela - NN 48/2022)
Electronic Media Act (Zakon o elektroničkim medijima NN 111/21)
Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works (Pravilnik o kriterijima i načinu povećanja opsega udjela europskih djela - NN 48/2022)
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 Croatia, the EU Directive was transposed into domestic law through the amendment of the Electronic Media Act of October 2022 (Official Gazette 114/2022). According to Art. 27 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of the works in their catalogues are European and that these works are prominently displayed on the front page of the catalogue. Additionally, service providers are required to invest 2% of their total annual gross income in the production of Croatian audiovisual works by independent producers or to purchase Croatian audiovisual works from such producers. Providers are also obliged to maintain and progressively increase the share of European works in their programme catalogues.
Furthermore, Art. 6.3 of the Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works stipulates that service providers with catalogues containing more than 20% but less than 30% European works must raise this share to at least 30% within two years. The increase must be gradual, with providers achieving at least 25% in the first year after obtaining their licence and a minimum of 30% by the second year.
In Croatia, the EU Directive was transposed into domestic law through the amendment of the Electronic Media Act of October 2022 (Official Gazette 114/2022). According to Art. 27 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of the works in their catalogues are European and that these works are prominently displayed on the front page of the catalogue. Additionally, service providers are required to invest 2% of their total annual gross income in the production of Croatian audiovisual works by independent producers or to purchase Croatian audiovisual works from such producers. Providers are also obliged to maintain and progressively increase the share of European works in their programme catalogues.
Furthermore, Art. 6.3 of the Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works stipulates that service providers with catalogues containing more than 20% but less than 30% European works must raise this share to at least 30% within two years. The increase must be gradual, with providers achieving at least 25% in the first year after obtaining their licence and a minimum of 30% by the second year.
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/20231218140331/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231206005437/https://www.zakon.hr/z/196/Zakon-o-elektroni%C4%8Dkim-medijima
- https://web.archive.org/web/20170129092252/https://narodne-novine.nn.hr/clanci/sluzbeni/2015_07_77_1483.html
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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CROATIA
Since 2010, last amended 2017
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Rules on the Organization and Management of the Top National Internet Domain (Pravilnik o ustrojstvu I upravljanju vršnom nacionalnom internetskom domenom)
To register a ".com.hr" domain name, the registry asks that the company registering the domain name be established under Croatian law or that there is administrative contact has a local presence in Croatia (Art. 15 of the Rules on the Organization and Management of the Top National Internet Domain). The latter, with the exception of companies incorporated in a European Union Member State or an individual from a European Union Member State, will be entitled to apply for Croatian country code domain names.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230127011651/https://www.domene.hr/en/portal/files/Izmjena_i_dopuna_Pravilnika_en.pdf?20200709-1
- https://web.archive.org/web/20231222211939/https://www.eurodns.com/domain-extensions/hr-domain-registration
- https://web.archive.org/web/20230127010623/https://www.domene.hr/en/portal/files/OdlukaEUhr_en.pdf?20200709-1
- https://web.archive.org/web/20240511113650/https://www.domene.hr/en/portal/files/HRTLDpravilnik2010_en.pdf?20200709-1
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CROATIA
Since June 2014
Since March 2014, as amended in February 2019
Since March 2014, as amended in February 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
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 NN 41/2014.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20240808104506/https://www.hnb.hr/documents/20182/2135754/e-zakon-o-zastiti-potrosaca_npt.pdf/4d549265-7b06-a4a9-b87b-3d0de0dd58ff?version=1.1&t=1567676494363&download=true
- https://web.archive.org/web/20240223193048/https://narodne-novine.nn.hr/clanci/sluzbeni/2019_02_14_279.html
- https://web.archive.org/web/20230328040645/https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/101657/122586/F1440522419/HRV-2014-L-101657.pdf
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CROATIA
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
Croatia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CROATIA
Since June 2016
Since April 2018
Since April 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act on the Protection of Undisclosed Information with Market Value (Zakon o Zaštiti Neobjavljenih Informacija s Tržišnom Vrijednošću)
Act on the Protection of Undisclosed Information with Market Value (Zakon o Zaštiti Neobjavljenih Informacija s Tržišnom Vrijednošću)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Croatia, the Directive was transposed in the Protection of Undisclosed Information with the Market Value Act of 2018.
Coverage Horizontal
CROATIA
Since April 2016
Since May 2014
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16) (O Načinu I Uvjetima Pristupa I Zajedničkog Korištenja Elektroničke Komunikacijske Infrastrukture I Druge Povezane Opreme)
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
According to the Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16), passive sharing is mandated and is effective in both the mobile and fixed sectors.
In addition, Art. 3[2] of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
In addition, Art. 3[2] of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom sector
The Croatian government owns 2.9% of the shares of Hrvatski Telekom. It is reported that in December 2015, following the public auction, CERP sold 500,000 of its shares in the Company (0.6% of HT d.d. share capital) via the Zagreb Stock Exchange trading system. Following this sale of shares, CERP reduced its holding from 3.5% to 2.9%.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Croatia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Croatian Regulatory Authority for Network Industries (HAKOM), 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
CROATIA
Since April 2016, entry into force in May 2018
Since May 2018
Since May 2018
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Law on the Implementation of the General Data Protection Regulation (Zakon o provedbi Opće uredbe o zaštiti podataka NN 42/18)
Law on the Implementation of the General Data Protection Regulation (Zakon o provedbi Opće uredbe o zaštiti podataka NN 42/18)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Croatia implemented the GDPR in 2018 through the Law on the Implementation of the General Data Protection Regulation.
Coverage Horizontal
CROATIA
Since July 2000
Since 2003, last amended in 2014
Since 2003, last amended in 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
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.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20241205200246/https://books.google.es/books?id=vjUqDwAAQBAJ&pg=PA245&lpg=PA245&dq=safe+harbour+copyright+croatia&source=bl&ots=HFnJh8-iBF&sig=ACfU3U0k0gaDEs4m9jfw6BIdJyAJa...
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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