TRINIDAD AND TOBAGO
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar 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)
Trinidad and Tobago is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
TRINIDAD AND TOBAGO
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
4.97%
Coverage rate of zero-tariffs on ICT goods (%)
60.93%
Coverage: Digital goods
TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Taiwan has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
TAIWAN
Since February 1991, last amended in June 2017
Since January 1994, last amended in June 2015
Since November 2001
Since January 1994, last amended in June 2015
Since November 2001
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Fair Trade Act (1991)
Consumer Protection Act (2015)
Electronic Signatures Act (2001)
Consumer Protection Act (2015)
Electronic Signatures Act (2001)
The Fair Trading Act (1991), the Consumer Protection Act (2015), and the Electronic Signatures Act (2001) provide a comprehensive consumer protection framework that also applies to online transactions. The former aims to ensure free and fair competition and promote economic stability and prosperity. In addition, the Consumer Protection Law (2015) is enacted when it comes to distance selling and information marketing. In addition, the Electronic Signatures Law (2001) facilitates secure electronic transactions by recognizing the validity of electronic records.
Coverage Horizontal
Sources
- https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0150002
- https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0170001
- https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=J0080037
- https://uk.practicallaw.thomsonreuters.com/2-500-5464?comp=pluk&transitionType=Default&contextData=%28sc.Default%29
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TAIWAN
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Taiwan has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
TAIWAN
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar 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 2,000 TWD (approx. 62 USD), below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). It is reported that this has been reduced from 3,000 TWD (approx. 93 USD) which was applied before 2018.
Coverage Horizontal
TAIWAN
Since 1997 amended in 2017
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Compliance Approval Regulations on Controlled Telecommunications Radio-Frequency Devices
The National Communications Commission (NCC) is an independent Taiwanese Statutory agency created for the purpose of regulating information, communications standards, licensing, radio frequency, spectrum and broadcasting. The Compliance Approval Regulations on Controlled Telecommunications Radio-Frequency Devices, promulgated in 1997 and recently amended in 2017, stipulates that radio transmission and telecom equipment must get NCC Radio Type Approval in order to be marketed in Taiwan. NCC is responsible for Taiwan’s radio frequency management and requires mandatory testing either through local recognised laboratories or through foreign laboratories recognized by NCC (MRA Countries only). It is advisable to perform testing through a locally recognised laboratory as it will significantly simplify the process.
Coverage Telecom and radio equipment
TAIWAN
Since September 1947, last amended in December 2011
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Commodities Inspection Act
Under the Commodity Inspection Act, commodities inspection is conducted in four schemes: batch-by-batch inspection, monitoring inspection, registration of product certification, and declaration of conformity. The declaration of conformity (DoC) is considered to be the least-trade-restrictive conformity assessment procedure and it is applied only to low-risk products with stable manufacturing technology and few concerns of risk or danger. Under the DoC, manufacturers may have testing done by the Bureau of Standards, Metrology and Inspection (BSMI)-designated laboratories, prepare their own technical documents, and draft the DoC form themselves.
The Bureau of Standards, Metrology, and Inspection recognize the designated testing laboratories to conduct the testing of commodities subject to inspection.
The Bureau of Standards, Metrology, and Inspection recognize the designated testing laboratories to conduct the testing of commodities subject to inspection.
Coverage Electrical and electronic products
TAIWAN
Since February 1993, last amended in December 2019
Since March 1994, last amended in October 2017
Since March 1994, last amended in October 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Export restrictions on ICT goods, products and online services
Foreign Trade Act
Regulations Governing Export and Import Of Strategic High-tech Commodities
Regulations Governing Export and Import Of Strategic High-tech Commodities
The export control regime under the Foreign Trade Act (1993) regulates the export of military and dual-use goods, technologies, and technology and includes a wide range of products, potentially affecting digital trade. According to Art. 13 of the Act, the exportation of such goods must comply with the following provisions:
- No exportation is allowed unless otherwise authorized;
- Where import permits are granted, no change of the importer or transfer to any third country or region is allowed unless otherwise authorized;
- Intended use and end-user shall be truthfully declared; no change is allowed unless otherwise authorized;
- Specific strategic high-tech goods transported to the restricted regions may not transit, transship or become stored in bonded warehouses, logistics centers, and free ports via any commercial port of this country without authorization. Further detailed rules and regulations are specified in the Regulations Governing Export and Import of Strategic High-tech Commodities (1994).
- No exportation is allowed unless otherwise authorized;
- Where import permits are granted, no change of the importer or transfer to any third country or region is allowed unless otherwise authorized;
- Intended use and end-user shall be truthfully declared; no change is allowed unless otherwise authorized;
- Specific strategic high-tech goods transported to the restricted regions may not transit, transship or become stored in bonded warehouses, logistics centers, and free ports via any commercial port of this country without authorization. Further detailed rules and regulations are specified in the Regulations Governing Export and Import of Strategic High-tech Commodities (1994).
Coverage Strategic high-tech commodities
Sources
- https://law.moj.gov.tw/ENG/LawClass/LawHistory.aspx?pcode=J0090004
- https://law.moj.gov.tw/ENG/LawClass/LawHistory.aspx?pcode=J0090013
- https://www.lexology.com/library/detail.aspx?g=9501c365-2f57-4a05-8296-6f1dfcd53e28
- https://www.trade.gov.tw/english/Pages/Detail.aspx?nodeID=298&pid=687872&dl_DateRange=all&txt_SD=&txt_ED=&txt_Keyword=&Pageid=0
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TAIWAN
Since July 1992, as amended September 2020, last amended in June 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Act Governing Relations between the People of the Taiwan Area and the Mainland Area
In August 2020, the Ministry of Economics announced that Taiwanese companies could not provide video streaming-related services originating with Chinese companies or people, particularly iQIYI or Tencent, starting from September 2020. The rule updated Art. 35 of the Act Governing Relations between the People of the Taiwan Area and the Mainland Area, and formally prohibited companies and individuals in Taiwan to be the agents or distributors of any Chinese over-the-top services (OTT) via television or other broadcast, including the digital-television channel service Media on Demand.
Coverage Streaming services
TAIWAN
Since August 2014
Pillar Intermediary liability |
Sub-pillar User identity requirement
Second category of telecommunications business management rules
Under the Second Category of Telecommunications Business Management Rules promulgated in August 2014, pursuant to Art. 17 of the Telecommunications Management Act, the country has implemented mandatory SIM card registration requirements. In addition, In 2017, the National Communications Commission stated that when applying for a house number or prepaid card, people should apply for dual certificates, and telecommunications businesses (including their resellers) should verify and log in user information.
Coverage Telecommunications sector
TAIWAN
Reported in 2020
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Presence of intermediary liability framework
It is reported that intermediary liability also extends to fake news. If social media platforms on which users disseminate fake news remove the fake news after receiving complaints in a timely manner, liability should not attach to such social media platforms.
Coverage Internet intermediaries
TAIWAN
Since May 1928, as amended in May 2009, last amended in June 2022
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Copyright Act
The Copyright Act as amended in 2009 with the introduction of Arts. 90-4 to 90-12 establishes a safe harbour regime for intermediaries for copyright infringements. They largely follow the framework of the US Digital Millennium Copyright Act (DMCA). Internet service providers are divided into four categories with different conditions of eligibility of limitation on liability: connection service providers, caching service providers, information storage service providers, and search service providers.
Coverage Internet intermediaries
TAIWAN
Since May 2003, last amended in January 2021
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Protection of Children and Youths Welfare and Rights Act
According to Art. 46 of the Protection of Children and Youths Welfare and Rights Act (2003), Internet platform providers shall take measures to limit the receiving and browsing of harmful Internet contents or remove the harmful Internet contents in advance, but after being informed by competent authorities that the Internet contents are harmful to the physical and mental health of children and youth, or that no clear and workable protective measures are taken. Under Art. 94, platform providers who fail to take such measures are fined.
Coverage Internet intermediaries