Database

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CROATIA

Since April 2016, entry into force in 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)
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

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)
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.
Coverage Horizontal

CROATIA

Since March 2004, last amended in February 2014
Since December 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Public Procurement Act NN 120-16 (Zakon o javnoj nabavi NN 120-16)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Croatia, the Directive has been transposed with the Public Procurement Act NN 120-16.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

CROATIA

Reported in 2021, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the extensive use of state-owned companies limits the impact of ongoing procurement reforms to promote competition for public funds and increases the risk of conflicts of interest. Moreover, despite major progress in increasing transparency, corruption remains a significant concern, considering that, for instance, some stakeholders report the existence of discriminatory technical specifications in public procurement tenders.
Coverage Horizontal

CROATIA

Since 2003, last amendment in 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Foreign Exchange Act (Zakon o deviznom poslovanju)
Croatian law prohibits any discrimination between investments on the basis of nationality. Foreign investment rules follow a reciprocity principle.
Coverage Horizontal

CROATIA

Since February 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Patent Act (OG No. 16/2020) (Zakon o patentu NN 16/2020)
Art. 17 of the Patent Act establishes that foreign companies must act through a representative in order to register a patent with the Croatian Intellectual Property Office. In addition, a translation of the patent shall be provided in Croatian at least two months after filing.
Coverage Horizontal

CROATIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Croatia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CROATIA

Since May 2001
Since October 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Croatia has a clear copyright exception regime, as incorporating European Union Directives relating to copyright. Such limitations are contained in Part IV
(Content limitations on copyright and related rights) of the Copyright Act, which provides, inter alia, the following exceptions:
- Temporary acts of reproduction of the copyrighted work
- Reproduction for private use
- Ephemeral recordings
- Educational and scientific institutions and libraries
- Collections intended for teaching or scientific research
- Use of copyright works for disabled persons
- Use for judicial, administrative or other official proceedings
- Use for teaching
- Use of the copyrighted works to inform the public
- Quotations
- Parodies and caricatures.
Coverage Horizontal

CROATIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Croatia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Croatia ratified the Treaty on 3 July 2000, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal

CROATIA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Croatia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Croatia ratified the Treaty on 3 July 2000, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
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[{"post_id":"98750"},{"post_id":"98751"},{"post_id":"98752"}]
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ITA: [{"meta_value":"EU"}]

CROATIA

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)
1.15%
Coverage rate of zero-tariffs on ICT goods (%)
74.76%
Coverage: ICT goods

COTE D'IVOIRE

Reported in 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 83, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

COTE D'IVOIRE

Since March 2012

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Ordinance No. 2012-293 on Telecommunications and Information and Communication Technologies (Ordonnance No. 2012-293 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
Ordinance No. 2012-293, relating to Telecommunications and Information and Communication Technologies, provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

COTE D'IVOIRE

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
Côte d'Ivoire has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

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