SURINAME
Reported in 2017, last reported in 2022
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Practice of governmental interference without court orders
It has been reported that several journalists, members of the political opposition, and other independent entities denounced government interference and illegal monitoring of email and social network accounts.
Coverage Horizontal
SURINAME
Since September 2017
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Legal Transactions Act 2017 (Wet Elektronisch Rechtsverkeer 2017)
The Electronic Legal Transactions Act 2017 establishes a safe harbour regime for intermediaries for copyright infringements.
According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45 an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
According to Art. 44.2, an intermediary or provider shall not be liable to third parties, including those on whose behalf it provides services in respect of information contained in a data message or electronic record, for actions which, in the exercise of the powers provided for in this Article, it takes in good faith. In addition, under Art. 44.1 if an intermediary or provider has acquired actual knowledge of information or record in electronic form or of a data message that could give rise to civil or criminal liability, it shall remove the relevant information from public access and secure it in any information system as soon as practicable after becoming aware of it. Furthermore, according to Art. 45 an intermediary or provider who only provides a transmission line for data messages, recordings or information in electronic form shall not be liable for the content of such data messages, recordings, or information if the intermediary or provider has no actual knowledge of the material on the network.
Coverage Internet intermediaries
SURINAME
N/A
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Suriname does not have a comprehensive regime of data protection in place. Art. 17 of the Constitution of the Republic of Suriname 1987 provides the baseline for the implementation of a more specific framework as it states that everyone has a right to respect their privacy. Moreover, the Electronic Legal Transactions Act, specifically Arts. 54, 72-74, establishes a framework for the management of personal identification data collected by service providers, inclusive of governmental entities, in the context of electronic transactions.
Coverage Horizontal
SURINAME
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Suriname has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
SURINAME
Since April 1997
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Suriname has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
SURINAME
Since March 1998
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Decision Institution TAS 1998 (BesLuit Instelling TAS 1998)
It is reported that the Telecommunication Authority of Suriname (TAS), the executive authority for the supervision and administration of services in the telecommunications sector, is partly independent of the government in the decision-making process. Yet, according to Art. 2 of the Decision Institution TAS 1998, its director is appointed by the President on the recommendation of the Minister. Pursuant to Art. 3, the TAS is charged with the preparation, implementation, and control of the tasks assigned to the Minister on telecommunication as an independent authority in the decision-making process.
Coverage Telecommunications sector
SURINAME
Since March 2007
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Suriname does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation for operators with SMP according to Art. 18 of the Telecommunications Act (Interconnection Decree No. 25).
Coverage Telecommunications sector
SURINAME
Since November 2004
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Telecommunications Telecommunications Facilities Act (Wet Telecommunicatievoorzieningen)
According to Art. 9 of the Telecommunications Telecommunications Facilities Act, it is prohibited to build, develop, and operate telecommunications infrastructure without a concession granted by a resolution of the President, upon the advice of the Minister, after hearing the opinion of the Telecommunications Authority of Suriname (TAS). In addition, a concession is granted to a legal person incorporated under Suriname law and established in Suriname. According to the Mobile Virtual Network Operator (MVNO) Application and Renewal Form, among the documents required for the licensing processes, foreigners must also present a copy of a valid residency document.
Pursuant to Art. 9.4, a concession shall only be granted if it serves to promote the efficient provision of telecommunications in the general social and economic interest. Furthermore, a concession shall not be granted until the legal person demonstrates that it has at least sufficient financial resources, technical expertise, organizational capacity, and experience in telecommunications (Art. 9.5).
According to Arts. 13 and 36, every provider of telecommunication services is obliged to obtain a license from the Telecommunication Authority of Suriname (TAS) for regulated and non-regulated services and to fulfill obligations according to the ITU Convention.
Pursuant to Art. 9.4, a concession shall only be granted if it serves to promote the efficient provision of telecommunications in the general social and economic interest. Furthermore, a concession shall not be granted until the legal person demonstrates that it has at least sufficient financial resources, technical expertise, organizational capacity, and experience in telecommunications (Art. 9.5).
According to Arts. 13 and 36, every provider of telecommunication services is obliged to obtain a license from the Telecommunication Authority of Suriname (TAS) for regulated and non-regulated services and to fulfill obligations according to the ITU Convention.
Coverage Telecommunications sector
SURINAME
Since November 2004
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Telecommunications Act 2004 (Wet Telecommunicatievoorzieningen 2004)
According to the Art. 2-3 (Chapter 2) of the Explanatory Memorandum of the Telecommunications Act, the government is the sole shareholder in TELESUR, one of the two telecommunications companies currently active in the country.
Coverage Telecommunications sector
SURINAME
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in the country to deliver telecom services to end users, and it is not practised in the mobile sector and in the fixed sector.
Coverage Telecommunications sector
SURINAME
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Suriname lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
SURINAME
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Suriname has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SURINAME
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Suriname has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SURINAME
Reported in 2022
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 the country.
Coverage Horizontal
SURINAME
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Lack of signature of the Patent Cooperation Treaty (PCT)
Suriname is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal