Database

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NICARAGUA

Reported in 2022, last reported in 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on strict requirements by customs
It is reported that starting in 2019, Nicaragua’s Customs Authority (DGA) began systematically seeking proof of country of origin for products that had previously been established to have an origin country, including through a comprehensive questionnaire to importers seeking detailed information about the products. Multiple businesses have reported that the requested information includes proprietary business data or trade secrets. Businesses have sought to make arrangements with the DGA to establish proof of origin without publishing trade secrets in questionnaires, such as through site visits to production plants and staff interviews. However, it is reported that the DGA has rejected those proposals and, in multiple cases, has initiated administrative processes to remove preferential treatment and also seek retroactive tariffs for the time that the product was imported with preferential treatment.
Coverage Horizontal

NICARAGUA

Reported in 2015, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency of import procedures
It is reported that Nicaraguan customs officials routinely delay customs inspections and levy arbitrary fines for minor paperwork problems such as typographical errors. These fines reportedly often represent up to three times the value of the shipment. In addition, businesses report a significant increase in the number of incoming shipments subject to further inspections, with a majority of shipments now subject to such inspections.
Coverage Horizontal

NICARAGUA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity
It is reported that some ICT goods, including wireless gateways, satellite equipment and telephones, require type approval and certification in Nicaragua. Companies can use existing international test reports for the homologation process to obtain Nicaraguan Institute of Telecommunications and Postal Services (TELCOR) approval. Technical documents will be reviewed and validated in the approval process.
Coverage Wireless gateways, satellite equipment and telephones

NICARAGUA

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Nicaragua does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

NICARAGUA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation to agreements with binding commitments on data flows
Nicaragua has not joined any free trade agreement committing to open transfers of cross-border data flows.
Coverage Horizontal

NICARAGUA

Since March 2012
Since October 2012

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 787 - Personal Data Protection Law (Ley No. 787 - Ley de Protección de Datos Personales)

Executive Order No. 36-2012 - Regulation of Personal Data Protection Law (Decreto Ejecutivo No. 36-2012-Reglamento De La Ley No. 787 - Ley De Protección De Datos Personales)
The Personal Data Protection Law and the regulation of such law constitute the framework for data protection. Moreover, the Political Constitution of Nicaragua also provides certain general rights concerning privacy and data collection.
Coverage Horizontal

NICARAGUA

Since March 2012

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Law No. 787 - Personal Data Protection Law (Ley No. 787 - Ley de Protección de Datos Personales)
According to Art. 19 of the Personal Data Protection Law, all personal data shall be kept for five years, or for the term that the parties agree upon, even in the event of the personal data no longer being adequate, proportional, or necessary for the purposes that it was created.
Coverage Horizontal

NICARAGUA

Since October 2020
Since January 2021

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Law No. 1042 - Special Cybercrimes Law (Ley No. 1042 - Ley Especial de Ciberdelitos)

Administrative Agreement No. 001-2021 on Regulations for the Preservation of Data and Information (Acuerdo Administrativo No. 001-2021 - Normativa para la Preservación de Datos e Información)
According to Art. 36 of Law No. 1042, telecom providers must retain data for all users for one year. A local judge may issue an order, at the National Police or Prosecutor General’s request, to force internet providers to release specific information about an individual customer, as well as collect, extract, or record data about this customer, such as real-time data traffic.
As part of the implementation of Law No. 1042, the "Instituto Nicaragüense de Telecomunicaciones y Correos" (TELCOR, Nicaraguan Institute of Telecommunications and Postal Services) published the Administrative Agreement 001-2021 on Regulations for the Preservation of Data and Information. Art. 3 requires telecommunications companies to collect and preserve any data necessary to trace a communication; identify the recipient of a communication; identify the time, date, and duration of a communication; identify the type of communication, such as mobile phone, internet, or landline phone; identify the equipment used to conduct a communication; and identify the geolocation of the equipment used for communication. In addition, companies offering community repeaters and trunk links must be able to submit information on the services they provide. Art. 5 of the agreement further requires companies to store the relevant information for up to 12 months.
Coverage Telecommunications sector

NICARAGUA

Since September 2010, entry into force in November 2010
Since November 2010

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Law No. 735 on the Prevention, Investigation and Prosecution of Organized Crime and the Administration of Seized, Confiscated and Abandoned Property (Ley No. 735 de Prevención, Investigación y Persecución del Crimen Organizado y de la Administración de los Bienes Incautados, Decomisados y Abandonados)

Executive Decree No. 70-2010, Regulation of the Law on the Prevention, Investigation and Prosecution of Organised Crime and the Administration of Seized, Confiscated and Abandoned Property (Decreto Ejecutivo No. 70-2010, Reglamento de la Ley de Prevención, Investigación y Persecución del Crimen Organizado y de la Administración de los Bienes Incautados, Decomisados y Abandonados)
Pursuant to Art. 65 of Law No. 735, service providers are obligated to design their systems in a manner that facilitates surveillance. Additionally, Art. 65 mandates that companies maintain a record of their users, which must be accessible to authorities involved in the investigation or prosecution of criminal offences. These requirements extend to both private and public entities providing telephone, computer, or other electronic communication services. Art. 45 of the Regulation of Law No. 735 specifies that the official register referenced in Art. 65 must include, at a minimum, the following information:
- The date, time, and location at which the service is provided;
- The client’s or user’s full name, along with their national identity card number, valid passport number, or student card number;
- The client’s or user’s address and telephone number;
- Identification of the service provided.
Furthermore, Art. 45 stipulates that police authorities and the Public Prosecutor's Office shall have access to this register without additional formalities as part of their official duties and powers.
Coverage Telecommunications sector
Sources

NICARAGUA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Nicaragua's law and jurisprudence.
Coverage Internet intermediaries

NICARAGUA

Since March 2003

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Nicaragua has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

NICARAGUA

Since October 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 1042 - Special Cybercrimes Law (Ley No. 1042 - Ley Especial de Ciberdelitos)
A basic legal framework on intermediary liability beyond copyright infringement is absent in Nicaragua's law and jurisprudence. Moreover, the 2020 Special Cybercrimes Law contains significant punishments for online activities and is applicable to social media users and media outlets. The law allows the punishment of administrators of technological platforms that intervene in the content (Art. 16). It is reported that the use of vague and undefined terms that can be applied arbitrarily or discretionally, resulting in legal uncertainty about its scope.
Coverage Internet intermediaries

NICARAGUA

Since March 2003

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonogram Treaty
Nicaragua has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

NICARAGUA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Complains of requirement to disclose trade secrets
It is reported that starting in 2019, Nicaragua’s Customs Authority (DGA) began systematically seeking proof of country of origin of products that had previously been established to originate in the United States, including through a comprehensive questionnaire to importers seeking detailed information about the products. Multiple businesses have reported that the requested information includes proprietary business data or trade secrets. Businesses have sought to make arrangements with the DGA to establish proof of origin without publishing trade secrets in questionnaires, such as through site visits to production plants and staff interviews. However, it is reported that the DGA has rejected those proposals and, in multiple cases, has initiated administrative processes to remove preferential treatment and also seek retroactive tariffs for the time that the product was imported with preferential treatment.
Coverage Horizontal

NICARAGUA

Since September 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Law No. 354 on Patents, Utility Models and Industrial Designs (Ley No. 354 - Ley de Patentes de Invención, Modelo de Utilidad y Diseños Industriales)
Law No. 354 provides a framework for the effective protection of trade secrets. The Chapter XVIII of the Law consists of the regulation of unfair competition, which involves the definition and protection of trade secrets.
Coverage Horizontal

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