ARMENIA
Since November 2003
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Law on Public Services Regulation of 2003 (Հայաստանի Հանրապետության օրենքը հանրային ծառայությունները կարգավորող մարմնի մասին)
The Public Service Regulatory Commission of the Republic of Armenia (PSRC), established under the Law on Public Services Regulation of 2003, serves as the executive authority responsible for supervising and administering services in the telecommunications sector. The PSRC is reportedly independent from the government in its decision-making processes.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250203122919/https://faolex.fao.org/docs/pdf/arm67099E.pdf
- https://app.gen5.digital/tracker/country-cards/Armenia
- https://datahub.itu.int/data/?i=100088&e=ARM&s=3109
- https://web.archive.org/web/20250903212114/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S379R1.pdf&Open=True
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ARMENIA
Since February 2014, entry into force in July 2014
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Government Decree No. 1521-N of 26 December 2013 on Approving Minimum Requirements for Official Websites of the Internet Network («Ինտերնետային ցանցում պաշտոնական կայքերի համար նվազագույն պահանջները հաստատելու մասին» Հայաստանի Հանրապետության կառավարության 2013 թվականի դեկտեմբերի 26-ի N 1521-Ն որոշումը)
Section I, Clause 3 of Government Decree No. 1521-N prescribes obligations for the official websites of governmental agencies. Although the provision does not explicitly mandate that such websites be hosted within the territory of the Republic of Armenia, it strongly implies this requirement through several stipulations. Specifically, it designates hosting to be undertaken by state bodies, internet service providers operating within Armenia, or the National Security Service (RA NSS). In addition, the requirement for prior coordination and approval by the RA NSS for both hosting and publication indicates that hosting should remain under the jurisdiction of Armenian authorities. The decree neither references nor provides exceptions for hosting outside the Republic of Armenia.
Coverage Public sector
ARMENIA
Since June 2015, entry into force in July 2015
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law of the Republic of Armenia No. ZR-49 about personal data protection (Հայաստանի Հանրապետության HO‑49‑N համարով օրենք՝ Անձնական տվյալների պաշտպանության մասին)
Under Art. 27 of Law No. ZR-49, personal data may be transferred to another country with the data subject’s consent or where such transfer is necessary for, or arises from, the purposes of processing personal data. Transfers may occur without the Agency’s authorisation if the destination state ensures an adequate level of data protection, either through compliance with ratified international treaties or inclusion in a list published by the competent authority, which the Personal Data Protection Agency (PDPA) must review and update at least annually; as of July 2024, this list includes, among others, all EU Member States and the United States. Transfers to states lacking adequate protection require prior authorisation from the Agency, based on an agreement containing safeguards approved by the Agency as ensuring adequate protection. To obtain such authorisation, the data processor must submit a written application to the PDPA specifying the destination country, recipient details, a description of the personal data, the purposes of processing and transfer, and the relevant contract or draft contract.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250730142314/https://www.arlis.am/acts/files/157701/fd6c7bd49c6902c175bbc7f6fc346db77e8d701fc89b8cf6bdcbc01c3bc96370
- https://web.archive.org/web/20250730195419/https://www.arlis.am/hy/acts/195045
- https://web.archive.org/web/20250730142453/https://www.dataguidance.com/jurisdictions/armenia
- https://web.archive.org/web/20250730142515/https://practiceguides.chambers.com/practice-guides/comparison/932/16009/24360-24367-24371-24376-24381
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ARMENIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Armenia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
ARMENIA
Since June 2015, entry into force in July 2015
Pillar Domestic data policies |
Indicator Framework for data protection
Law of the Republic of Armenia No. ZR-49 about personal data protection (Հայաստանի Հանրապետության HO‑49‑N համարով օրենք՝ Անձնական տվյալների պաշտպանության մասին)
Law No. 49-ZR establishes a comprehensive data protection regime in Armenia, applicable to both public and private entities. It imposes obligations on data controllers, such as notifying data processing activities and reporting data breaches, but does not require the appointment of a data protection officer or the conduct of data protection impact assessments. Data subjects are granted only limited rights, and oversight is provided by the Personal Data Protection Agency under the Ministry of Justice. Additionally, several sector-specific laws impose tailored data protection obligations, including the Law on Medical Care and Services to the Population, the Law on Electronic Communications, the Law on Advocacy, the Law on Freedom of Information, the Law on Banking Secrecy, the Law on Circulation of Credit Information and Activities of Credit Bureaus, the Law on Insurance and Insurance Activity, the Law on Combating Money Laundering and Terrorism Financing, the Labour Code, the Code on Administrative Offences, and the Criminal Code.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250730142314/https://www.arlis.am/acts/files/157701/fd6c7bd49c6902c175bbc7f6fc346db77e8d701fc89b8cf6bdcbc01c3bc96370
- https://web.archive.org/web/20250730142453/https://www.dataguidance.com/jurisdictions/armenia
- https://web.archive.org/web/20250730142515/https://practiceguides.chambers.com/practice-guides/comparison/932/16009/24360-24367-24371-24376-24381
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ARMENIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Armenia's law and jurisprudence.
Coverage Internet intermediaries
ARMENIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Armenia's law and jurisprudence.
Coverage Internet intermediaries
ARMENIA
Since March 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Armenia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ARMENIA
Since March 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Armenia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ARMENIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Armenia lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Under Art. 141 of the Civil Code, information qualifies as a commercial secret when it has actual or potential commercial value by virtue of being unknown to third persons, is not freely accessible on a lawful basis, and is subject to measures taken by its holder to preserve its confidentiality. Such information is protected under the Civil Code and other statutes, and persons who unlawfully obtain it are required to compensate for any resulting losses.
Furthermore, pursuant to Art. 1164 of the Code, the legal protection of undisclosed information—including technical, organisational, or commercial information such as production secrets or know-how—arises when the conditions in Art. 141 are met, irrespective of whether any formalities such as registration or certification have been completed. Art. 1165 further establishes that any person who, without legal grounds, obtains, discloses, or uses such information must compensate the lawful holder for the losses caused by its illegal use.
Furthermore, pursuant to Art. 1164 of the Code, the legal protection of undisclosed information—including technical, organisational, or commercial information such as production secrets or know-how—arises when the conditions in Art. 141 are met, irrespective of whether any formalities such as registration or certification have been completed. Art. 1165 further establishes that any person who, without legal grounds, obtains, discloses, or uses such information must compensate the lawful holder for the losses caused by its illegal use.
Coverage Horizontal
ARMENIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Armenia is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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://www.wto.org/english/tratop_e/inftec_e/ita_map_e.htm
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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ARMENIA
Reported in 2018, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in tenders
Tendering processes in the country are reportedly characterised by a lack of transparency. Companies consider the efforts of the Competition Protection Commission (CPC) alone to be insufficient to ensure a level playing field, emphasising the need for improvements across other state institutions and authorities that support competition, including those responsible for public procurement. Stakeholders report that the time allowed for preparing bids following the announcement of a tender is often limited, and that documentation requirements, particularly those involving translations, can be burdensome for companies operating outside Armenia.
It is reported that although the law establishes a preference for open tendering in procurement processes, this approach has been used relatively infrequently in recent years, with greater reliance placed on framework agreements and negotiation procedures without prior announcement.
It is reported that although the law establishes a preference for open tendering in procurement processes, this approach has been used relatively infrequently in recent years, with greater reliance placed on framework agreements and negotiation procedures without prior announcement.
Coverage Horizontal
ARMENIA
Since September 2011
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)
WTO Agreement on Government Procurement (GPA)
Armenia is a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) but its commitments do not cover some services sectors considered most important for digital trade, namely telecommunication services (CPC 752), telecommunication-related services (CPC 754), and computer and related services (CPC 84).
Coverage Horizontal
ARMENIA
Since July 1994
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law of the Republic of Armenia on Foreign Investments (Հայաստանի Հանրապետության օրենքը տարերկրյա ներդրումների մասին)
The legal framework regulating foreign investment in Armenia is set out in the Law of the Republic of Armenia on Foreign Investments. Under Art. 6, foreign investments must not be treated less favourably than the property, property rights, and investment activities of citizens, enterprises, institutions, and organisations of Armenia. Art. 6.3 provides that, for national security reasons, the Republic of Armenia may specify areas in which the activities of foreign investors and enterprises with foreign participation are restricted or prohibited. Nevertheless, Armenia is reported to impose few restrictions on foreign control, and foreign nationals face no limitations on acquiring, establishing, or disposing of business interests in the country, while business registration procedures are generally straightforward.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250903213316/https://www.arlis.am/hy/acts/173482
- https://web.archive.org/web/20250716151947/http://enterprisearmenia.am/why-armenia/investment-legislation/
- https://web.archive.org/web/20250903212114/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S379R1.pdf&Open=True
- https://web.archive.org/web/20250618024914/https://www.trade.gov/country-commercial-guides/armenia-investment-climate-statement
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ARMENIA
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Armenia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
