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URUGUAY

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Communications Services Regulatory Unit (URSEC), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. In accordance with national legislation (Law 17.296), the URSEC has been established as a decentralized and autonomous public entity.
Coverage Telecommunications sector

URUGUAY

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Uruguay is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

URUGUAY

Since January 1998

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Law No. 16906 - Investment Promotion and Protection Law (Ley No. 16906 - Ley de Promoción y Protección de Inversiones)
According to Art. 2 of the Investment Promotion and Protection Law 16906, the State of Uruguay establishes equal treatment in the regime of admission and treatment of investments made by foreign and domestic investors.
Coverage Horizontal

URUGUAY

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Uruguay is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

URUGUAY

Since December 1973, last amended 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 9.739 of 17 December 1937 on Copyrights and Related Rights (Ley No. 9.739 de 17 de diciembre de 1937 Sobre Derechos de Autor y Derechos Conexos)
Uruguay has a copyright regime under the Law No. 9.739. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 45 lists the exceptions, which include the publication of works intended for teaching, excerpts, fragments of poetry, and single articles, provided that the author's name is indicated; Publication of works intended for teaching, excerpts, fragments of poetry, and single articles, provided that the author's name is indicated; dissemination of news, reports, and journalistic information as long as their exact version is maintained and their origin is expressed; among others.
Coverage Horizontal

URUGUAY

Reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Uruguay. It is reported that 37% of broadband households in the country consume online piracy. In addition, an estimated 56% of the population consumes illegal online streaming services, and 18% of households consume illegal pay-TV.
Coverage Online services

URUGUAY

Since June 2009

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Uruguay has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

URUGUAY

Since August 2008

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonogram Treaty
Uruguay has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

URUGUAY

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Uruguay has no rules applicable to the protection of trade secrets. It is reported that the Uruguayan legal system does not have a single reference to business or trade secrets, nor does the legal system have a law on unfair competition in which to include its regulation.
Coverage Horizontal

URUGUAY

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive sharing of infrastructure in the telecom market is not mandated, though it is practised in the mobile sector based on commercial agreements. In contrast, in the fixed sector, passive sharing is neither mandated nor practised.
Coverage Telecommunications sector

URUGUAY

Since July 1974

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Decree-Law No. 14235: Law Creating ANTEL (Decreto Ley No. 14235: Ley de Creación de ANTEL)
Pursuant to Art. 1 of Law 14,235, the National Telecommunications Administration of Uruguay (ANTEL) is a decentralised public service, and the company is fully state-owned.
Coverage Telecommunications sector

URUGUAY

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Uruguay does not impose a requirement for functional separation on operators with significant market power (SMP) in the telecommunications sector. However, since 2003, operators have been subject to an obligation of accounting separation. Art. 15 of the Telecommunications Licensing Regulation specifies that among the responsibilities of licensees concerning service provision is the requirement to maintain separate accounts by service, should the Regulatory Unit for Communications Services (Unidad Reguladora de Servicios de Comunicaciones, or URSEC) issue a general mandate for specific services or categories of licences. In addition, Art. 16 provides that any licensee whose corporate purpose permits activities beyond the provision of telecommunications services must implement a system of account separation and cost accounting for these additional activities, in compliance with the guidelines and criteria periodically determined by URSEC.
Coverage Telecommunications sector
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"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'UY')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'UY')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

URUGUAY

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.76%
Coverage rate of zero-tariffs on ICT goods (%)
34.81%
Coverage: Digital goods

URUGUAY

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (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)
Uruguay is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

URUGUAY

Since June 2012, last amended in October 2017

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Orderly Text of Accounting and Financial Administration (TOCAF) (Texto Ordenado de Contabilidad y Administración Financiera (TOCAF))
Art. 58 of the Orderly Text of Accounting and Financial Administration (TOCAF) sets a preferential regime granting an 8% price preference to public works, goods and services produced domestically. Moreover, companies that incorporate in their payrolls people of African descent according to Law No. 19,122 and its regulations, people with disabilities with the conditions required by Law No. 18,651, and trans persons according to Law No. 19,684 and its regulation, may be granted a 4% preference margin in both goods and services, being able to be incorporated to the Single General Bidding Terms and Conditions for Non-Personal Supplies and Services Contracts.
Furthermore, with the purpose of promoting production in the regions of lesser relative economic development of the national territory, a margin of preference of up to 16% may be granted, depending on the department in which the bidding company produces the goods that are the object of the contract. The Executive Branch shall fix the percentage of preference corresponding to each of the departments, taking into consideration the average income of the department in relation to the national average income and verifying the manner in which compliance with the established requirements is maintained.
Coverage Horizontal

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