FINLAND
Since February 2014, last amended in December 2023
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Electronic Communications Services Act (917/2014) (Laki sähköisen viestinnän palveluista (917/2014))
Chapter 19 of the Electronic Communications Services Act allows the Ministry of the Interior to request retention obligations of telecommunications providers without a judicial warrant. These retention obligations require telecommunications providers to retain traffic and location data for certain individuals or between 6-12 months, depending on the type of data, for use by the authorities in solving certain criminal acts. While the contents of communications cannot be accessed by authorities, Chapter 19 gives the Finnish government the ability to amend certain retention obligations by Government Decree. Thus, Chapter 19 essentially allows Finnish authorities to access personal traffic and location data for individuals suspected of committing certain crimes without a warrant.
Coverage Telecommunications sector
FINLAND
Since July 2020
Since April 2002
Since April 2002
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
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 Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
In Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220122230838/https://www.finlex.fi/en/laki/kaannokset/2002/en20020458.pdf
- https://web.archive.org/web/20241105162419/https://wilmap.stanford.edu/entries/act-4582002-information-society-services-and-electronic-commerce-june-5-2002
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FINLAND
Since July 2020
Since April 2002
Since April 2002
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
Act 458/2002, on the Provision of Information Society Services (Laki tietoyhteiskunnan palvelujen tarjoamisesta)
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 Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
In Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time, it has some important distinctions, such as not implementing Art. 15 on prohibition of monitoring obligations.
Coverage Internet Services Providers
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220122230838/https://www.finlex.fi/en/laki/kaannokset/2002/en20020458.pdf
- https://web.archive.org/web/20241105162419/https://wilmap.stanford.edu/entries/act-4582002-information-society-services-and-electronic-commerce-june-5-2002
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FINLAND
Since June 2012, as amended in October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act on the Screening of Foreign Corporate Acquisitions (Laki ulkomaalaisten yritysostojen seurannasta annetun lain muuttamisesta)
The Act on the Screening of Foreign Corporate Acquisitions grants the Finnish Ministry of Economic Affairs and Employment (TEM) the authority to screen foreign investments. According to Art. 3 of the Act, if the TEM believes that an FDI might conflict with a key national interest, the Ministry may refer the matter of confirmation or denial to a government plenary session for consideration. As defined in Art. 2, as amended in 2020, key national interest includes securing military, and national defence, functions vital to society, national security and foreign and security policy objectives, and safeguarding public order and security in accordance with Arts. 52 and 65 of the Treaty on the Functioning of the European Union, if there is a genuine and sufficiently serious threat to a fundamental interest of society.
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/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://web.archive.org/web/20220119011048/https://tem.fi/en/-/amendments-to-the-act-on-the-screening-of-foreign-corporate-acquisitions-ministry-of-economic-affairs-and-employment-to-become-a-national...
- https://web.archive.org/web/20221203222740/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3637/finland-amends-its-fdi-screening-regime
- https://web.archive.org/web/20230925022813/https://www.state.gov/reports/2020-investment-climate-statements/finland/
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FINLAND
Since October 1980
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Finland is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
FINLAND
Since May 2001
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Finnish Copyright Act (Tekijänoikeuslaki)
Finnish Copyright Act (Tekijänoikeuslaki)
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.
The Finnish Copyright Act implements the Directive, with Chapter 2 of the Act enumerating the limitations on copyright protections.
The Finnish Copyright Act implements the Directive, with Chapter 2 of the Act enumerating the limitations on copyright protections.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231216132622/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20210319175637/https://www.finlex.fi/en/laki/kaannokset/1961/en19610404.pdf
- https://web.archive.org/web/20231221043455/https://valtioneuvosto.fi/en/-//1410845/amendments-to-the-copyright-act-in-circulation-for-comments-
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FINLAND
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
The European Union and Finland 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
FINLAND
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 Finland 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
FINLAND
Since June 2016
Since August 2018
Since August 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Trade Secrets Act (595/2018) (Lag om företagshemligheter)
Trade Secrets Act (595/2018) (Lag om företagshemligheter)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Finland transposed the Directive through a series of amendments to existing legislation in 2018, as well as with the Trade Secrets Act (595/2018) of 2018.
Coverage Horizontal
FINLAND
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Estonia, and it is practised in the mobile and fixed sectors based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Horizontal
FINLAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom market
It is reported that the State of Finland owns 17.59% of the shares of Elisa Corporation. Elisa Corporation is one of the leading telecommunications service providers in the country and offers a wide range of services, including mobile telephony, broadband services, cable television, data services and business solutions.
Coverage Telecommunications sector
FINLAND
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that there is no requirement for functional separation for operators with significant market power in the telecom market. However, accounting separation is required in certain cases.
Coverage Telecommunications sector
FINLAND
Since March 2004, last amended in February 2014
Since December 2016
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)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
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 Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
In Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
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/20231208014548/https://www.finlex.fi/fi/laki/ajantasa/2016/20161398
- 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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FINLAND
Since June 2012, amended in October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act on the Monitoring of Foreign Corporate Acquisitions (Laki ulkomaalaisten yritysostojen seurannasta)
According to the Act on Supervision of Acquisitions of Foreign Companies, there are no prohibitions or restrictions on foreign ownership in the country.
Coverage Horizontal
FINLAND
Since August 2006, last amended in December 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Limited Liabilities Company Act (Osakeyhtiölaki)
The Limited Liabilities Company Act states that at least one of the members of the Board of Directors must be a resident of the European Economic Area (EEA) unless an exemption is granted by the regulatory authority. Furthermore, the managing director must also be a resident of the EEA.
Coverage Horizontal
