GERMANY
Since April 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
"No-Spy decree" of the German Federal Ministry of Interior ("No Spy"-Erlass des Bundesministerium des Innern (BMI))
Under the so-called "No-Spy decree", companies processing confidential and classified information for public authorities must guarantee that they can ensure the confidentiality of this information and that they are not legally required to disclose it to third parties. There are exceptions to these standards for companies supplying information to German tax administration and law enforcement, but not for other countries' agencies, which were criticised by foreign companies that are legally required to surrender information under certain conditions. The ministry can terminate contracts on account of any violation.
Coverage Horizontal
GERMANY
Since March 2004, as amended in February 2014
Since February 2016
Since April 2016
Since February 2016
Since April 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Modernisation of Public Procurement Law (Gesetz zur Modernisierung des Vergaberechts)
Regulation on the Modernisation of Public Procurement Law (Verordnung zur Modernisierung des Vergaberechts)
Modernisation of Public Procurement Law (Gesetz zur Modernisierung des Vergaberechts)
Regulation on the Modernisation of Public Procurement Law (Verordnung zur Modernisierung des Vergaberechts)
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 2016, the Directive has been transposed with the Law on the Modernisation of Public Procurement, as well as the Regulation on the Modernisation of Public Procurement Law.
In 2016, the Directive has been transposed with the Law on the Modernisation of Public Procurement, as well as the Regulation on the Modernisation of Public Procurement Law.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20231130204746/https://www.bmwk.de/Redaktion/DE/Artikel/Service/vergaberechtsmodernisierungsgesetz.html
- https://web.archive.org/web/20231130204746/https://www.bmwk.de/Redaktion/DE/Artikel/Service/vergaberechtsmodernisierungsgesetz.html
- https://web.archive.org/web/20220925073301/https://www.bmwk.de/Redaktion/DE/Downloads/V/verordnung-zur-modernisierung-des-vergaberechts.pdf?__blob=publicationFile&v=6
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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GERMANY
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
Under German law, any foreign-owned company registered in the Federal Republic of Germany as a GmbH (limited liability company) under the Limited Liability Company Act (GmbHG) or as an AG (stock corporation) under the Stock Corporation Act is treated as a German-owned company. It is reported that there are no limitations on foreign ownership in any specific sector.
Coverage Horizontal
GERMANY
Since August 2013, as amended in April 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Foreign Trade and Payments Act, Foreign Trade and Payments Ordinance (Außenwirtschaftsgesetz - AWG)
The Foreign Trade and Payments Act establishes an investment screening procedure for foreign acquisitions of German companies, requiring notifications to the Federal Ministry for Economic Affairs and Energy for evaluations on potential threats to fundamental societal interests. The scope, defined in Art. 60 of the law and amended by the 17th amendment to the Foreign Trade and Payments Ordinance, varies by sector. It applies to any acquisition where a non-EU/non-EFTA investor holds at least 25% of the voting rights in a German target company, irrespective of financial thresholds or activity. For targets involved in any of the 27 listed activities, lower thresholds of 10% or 20% of voting rights apply. Specifically, acquisitions of 10% of voting rights in companies engaged in defence, encryption, and critical infrastructure and acquisitions of 20% in high-tech industries require notification.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20220120071043/https://www.bmwi.de/Redaktion/EN/Artikel/Foreign-Trade/investment-screening.html
- https://web.archive.org/web/20231203042045/https://www.jonesday.com/en/insights/2018/08/germany-blocks-two-transactions-involving-chinese
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20240124082321/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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GERMANY
Since December 1980, last amended in August 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patent Act (Patentgesetz)
Art. 25 of the Patent Act states that patent applicants and holders who do not have residency or a local presence must be represented by an attorney-at-law authorised and empowered for proceedings in front of the Federal Patent Office, the Patent Court, and in civil proceedings (attorneys from the EU and the European Economic Area are eligible in principle).
Coverage Horizontal
GERMANY
Since January 1978
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Germany is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GERMANY
Since May 2001
Since 2017
Since 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Act on Copyright and Related Rights (Gesetz über Urheberrecht und verwandte Schutzrechte)
Act on Copyright and Related Rights (Gesetz über Urheberrecht und verwandte Schutzrechte)
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.
Chapter 6 of the Act on Copyright and Related Rights establishes a series of usage- and purpose-based exemptions in Germany, e.g., temporary reproduction, reproduction for data mining and text analysis, reproduction for private and other personal purposes, teaching and scientific research, all under the condition of non-alteration and acknowledgement of the source.
Chapter 6 of the Act on Copyright and Related Rights establishes a series of usage- and purpose-based exemptions in Germany, e.g., temporary reproduction, reproduction for data mining and text analysis, reproduction for private and other personal purposes, teaching and scientific research, all under the condition of non-alteration and acknowledgement of the source.
Coverage Horizontal
GERMANY
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Germany have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
GERMANY
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
The European Union and Germany have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
GERMANY
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)
0.83%
Coverage rate of zero-tariffs on ICT goods (%)
80.65%
Coverage: ICT goods
GAMBIA
Since 2009
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Gambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GAMBIA
Since 2009
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Gambia has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GAMBIA
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
The Gambian Standards Bureau Published Standards
Gambian laws do not permit self-certification for telecommunications, radio, and wireless equipment. Both foreign imports and domestic goods are required to obtain certification (the Gambian marking) after being tested by the Gambian Standards Bureau (TGSB). Due to the limitations of local testing laboratories, the TGSB accepts test certificates from foreign laboratories for accreditation. It is reported that local testing is generally required for the certification of electrical products, including audio and video products such as TVs, LCD panels, and similar equipment. These products can only be certified after undergoing conformity assessments by the TGSB. As a result, foreign businesses are not permitted to self-certify their products.
Coverage Telecommunications, radio and wireless equipment
Sources
- https://web.archive.org/web/20221110182536/https://tgsb.gm/published-standards
- https://web.archive.org/web/20210928201616/https://www.privacyshield.gov/article?id=Gambia-Standards-for-Trade
- https://web.archive.org/web/20230214170652/https://freedomhouse.org/country/gambia/freedom-net/2020#B
- https://web.archive.org/web/20221110182536/https://tgsb.gm/published-standards
- https://web.archive.org/web/20200926054349/https://www.iecee.org/dyn/www/f?p=106:49:0::::FSP_STD_ID:27412
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GAMBIA
Reported in 2022, last reported in 2024
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 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GAMBIA
N/A
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Lack of transparency in the ".gm" domain name registration
The ".gm" ccTLD is managed by NIC. In addition, the Information and Communications Act 2009 grants the Public Utilities and Regulatory Authority (the ICT regulator) the authority to lay down rules regarding the electronic addressing of electronic communications services and related services, including allocation and use. It is reported that the organisation/entity applying for a ".gm" domain name must show strong ties to the country, and domain names must reflect registered business names, trademarks, or similar.
Coverage Horizontal
Sources
