SLOVAKIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since August 2022
Since November 2008, last amended in August 2024
Since August 2022
Since November 2008, last amended in August 2024
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Act No 264/2022 on Media Services and Amending Certain Acts (Media Services Act) (Zákon č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)
Act No. 516/2008 Coll. on the Audiovisual Fund and Amending Certain Acts as Amended ( Zákon č. 516/2008 Z. z. o Audiovizuálnom fonde a o zmene a doplnení niektorých zákonov v znení neskorších predpisov)
Act No 264/2022 on Media Services and Amending Certain Acts (Media Services Act) (Zákon č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)
Act No. 516/2008 Coll. on the Audiovisual Fund and Amending Certain Acts as Amended ( Zákon č. 516/2008 Z. z. o Audiovizuálnom fonde a o zmene a doplnení niektorých zákonov v znení neskorších predpisov)
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Slovakia, the EU Directive was transposed into domestic law through Act No 264/2022 on Media Services and Amending Certain Acts. According to Art. 70 of the Act, on-demand audiovisual media service providers must reserve at least 30% of the total number of programmes offered in their catalogue each calendar month for European works. This requirement applies to each on-demand audiovisual media service individually, and appropriate prominence must be given to such works.
Additionally, as stipulated in Art. 28a of Act No. 516/2008, providers of on-demand audiovisual media services are required to contribute to the Audiovisual Fund. The contribution is calculated based on the total revenue generated by the provider from the provision of on-demand audiovisual media services in the previous calendar year, amounting to 0.5% of this total revenue.
In Slovakia, the EU Directive was transposed into domestic law through Act No 264/2022 on Media Services and Amending Certain Acts. According to Art. 70 of the Act, on-demand audiovisual media service providers must reserve at least 30% of the total number of programmes offered in their catalogue each calendar month for European works. This requirement applies to each on-demand audiovisual media service individually, and appropriate prominence must be given to such works.
Additionally, as stipulated in Art. 28a of Act No. 516/2008, providers of on-demand audiovisual media services are required to contribute to the Audiovisual Fund. The contribution is calculated based on the total revenue generated by the provider from the provision of on-demand audiovisual media services in the previous calendar year, amounting to 0.5% of this total revenue.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20220305195125/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20241109055711/https://www.culture.gov.sk/wp-content/uploads/2019/12/Act-No.-264_2022-Coll.-on-media-services-and-amending-certain-acts-Media-Services-Act-1.pdf
- https://web.archive.org/web/20240715023124/https://www.wipo.int/wipolex/en/legislation/details/19402
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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SLOVAKIA
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that passive sharing is mandated in Slovakia, and it is practised in the mobile and fixed sectors based on commercial agreements. In addition, Art. 3.2 of the Directive 2014/61/EU 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 Telecommunications sector
SLOVAKIA
Since November 2021, entry into February 2022
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Act No. 452/2021 Coll. on Electronic Communications (Zákon č. 452/2021 Z. z. O Elektronických Komunikáciách)
Under Art. 14 of Act No. 452/2021 Coll. on Electronic Communications, undertakings providing a public network or publicly available service that also hold special or exclusive rights to provide services in other sectors in Slovakia or in another EU Member State are required either to:
(a) keep separate accounts for activities related to the provision of networks or services, identifying all costs, revenues, and fixed assets as if the activities were performed by legally independent entities; or
(b) structurally separate the provision of public networks or publicly available services from other activities.
This provision replaces the earlier accounting and functional separation clauses under the former Act No. 351/2011 Coll. and maintains consistency with the European Electronic Communications Code (Directive (EU) 2018/1972). In addition, under the market-analysis procedure, the Regulatory Authority for Electronic Communications and Postal Services (RÚ SR) may impose accounting separation on undertakings with significant influence (SMP) where necessary to ensure transparency, prevent cross-subsidisation, and uphold the non-discrimination principle.
(a) keep separate accounts for activities related to the provision of networks or services, identifying all costs, revenues, and fixed assets as if the activities were performed by legally independent entities; or
(b) structurally separate the provision of public networks or publicly available services from other activities.
This provision replaces the earlier accounting and functional separation clauses under the former Act No. 351/2011 Coll. and maintains consistency with the European Electronic Communications Code (Directive (EU) 2018/1972). In addition, under the market-analysis procedure, the Regulatory Authority for Electronic Communications and Postal Services (RÚ SR) may impose accounting separation on undertakings with significant influence (SMP) where necessary to ensure transparency, prevent cross-subsidisation, and uphold the non-discrimination principle.
Coverage Telecommunications sector
SLOVAKIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Regulatory Authority for Electronic Communications and Postal Services (RÚ), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230312080543/https://www.teleoff.gov.sk/regulatory-authority-for-electronic-communications-and-postal-services/
- https://web.archive.org/web/20220119215914/https://www.teleoff.gov.sk/data/files/22211.pdf
- https://web.archive.org/web/20241211214702/https://www.devex.com/organizations/telecomunications-regulatory-authority-of-the-slovak-republic-tusr-49733
- https://web.archive.org/web/20250308235119/https://datahub.itu.int/data/?i=100088&s=3109&e=SVK
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SLOVAKIA
Since May 2015
Since July 2015, last amended in December 2022
Since July 2015, last amended in December 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
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. Member States have transposed the Directive with significant freedom. The Copyright Act provides for a wide list of exceptions.
Coverage Horizontal
Horizontal
Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20241211213926/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/sk/sk/sk145sk.pdf
- https://web.archive.org/web/20231130005837/http://copyrightblog.kluweriplaw.com/2016/02/29/slovakia-adopts-a-new-copyright-act-its-a-mixed-bag-part-i/
- https://web.archive.org/web/20220521223712/https://euipo.europa.eu/ohimportal/en/web/observatory/faq-sk#faqanchor_SK
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SLOVAKIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovakia ratified the Treaty on 14 January 2000, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
SLOVAKIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovakia ratified the Treaty on 14 January 2000, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
SLOVAKIA
Since June 2016
Since December 1991, as amended in May 2018
Since December 1991, as amended in May 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)
Act No 513/1991 Coll. Commercial Code (Zákon č. 513/1991 Zb. Obchodný zákonník)
Act No 513/1991 Coll. Commercial Code (Zákon č. 513/1991 Zb. Obchodný zákonník)
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. Slovakia fully implemented the Directive with Act No 264/2017, amending the existing Commercial Code.
Coverage Horizontal
SLOVAKIA
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)
0.75%
Coverage rate of zero-tariffs on ICT goods (%)
76.84%
Coverage: ICT goods
SLOVAKIA
Since March 2004, last amended in February 2014
Since November 2015, last amended in November 2024
Since November 2015, last amended in November 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Act No. 343/2015 on Public Procurement and Amending Certain Acts (Zákon č. 343/2015 Z. z. o verejnom obstarávaní a o zmene a doplnení niektorých zákonov)
Act No. 343/2015 on Public Procurement and Amending Certain Acts (Zákon č. 343/2015 Z. z. o verejnom obstarávaní a o zmene a doplnení niektorých zákonov)
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 Slovakia, the Directive has been transposed through Act No. 343/2015 on Public Procurement and its amendments, complemented by Decree No. 153/2016 of the Public Procurement Office, which establishes the monetary thresholds determining when public contracts, concessions, and design contests must comply with EU procurement procedures.
In Slovakia, the Directive has been transposed through Act No. 343/2015 on Public Procurement and its amendments, complemented by Decree No. 153/2016 of the Public Procurement Office, which establishes the monetary thresholds determining when public contracts, concessions, and design contests must comply with EU procurement procedures.
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/20220131085811/https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2015/343/
- 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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SLOVAKIA
Reported in 2018, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
A lack of transparency in public procurement procedures is reported as a significant challenge in Slovakia. This perceived opacity, combined with the excessive length and complexity of tender verification and appeal processes, hinders broad participation by potential bidders. Additionally, "lock-in" contracts, where the Slovakian Government initially commits to procuring a basic service and then expands the contract to include additional services, continue to restrict foreign firms' access to public procurement, particularly in the information technology sector.
Coverage Horizontal
SLOVAKIA
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
It is reported that in Slovakia, both local and foreign private entities can establish and own businesses with no limits on foreign ownership.
Coverage Horizontal
SLOVAKIA
Since December 2022, entry into force in March 2023
Since February 2023, entry into force in March 2023
Since February 2023, entry into force in March 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act No. 497/2022 Coll. on the Screening of Foreign Investments and on Amendments to Certain Acts. (Zákon č. 497/2022 o preverovaní zahraničných investícií a o zmene a doplnení niektorých zákonov)
Regulation of the Government of the Slovak Republic No. 61/2023 Laying Down the Critical Foreign Investments (Nariadenie vlády Slovenskej republiky č. 61/2023, ktorým sa ustanovujú kritické zahraničné investície)
Regulation of the Government of the Slovak Republic No. 61/2023 Laying Down the Critical Foreign Investments (Nariadenie vlády Slovenskej republiky č. 61/2023, ktorým sa ustanovujú kritické zahraničné investície)
In Slovakia, Regulation 2019/452 is transposed by Act No. 497/2022 on the Screening of Foreign Investments (the FDI Act), which replaces the previous regime under Act No. 45/2011 Coll. on Critical Infrastructure. Effective since March 2023, the FDI Act mandates that foreign investors, including legal entities registered outside the EU and non-EU individuals, obtain prior approval from the Ministry of Economy if their intended investment qualifies as foreign investment.
According to Art. 2, foreign investment includes any investment that enables the investor to acquire a Slovak target or critical assets, gain effective participation (voting rights or registered capital) in a Slovak target (10% for critical foreign investments and 25% for non-critical investments), increase participation to specific thresholds (20%, 33%, or 50% for critical investments and 50% for non-critical investments), or exercise control over a Slovak target.
The law outlines three screening regimes:
- Compulsory screening for critical investments, requiring prior FDI approval before closing.
- Voluntary screening for non-critical investments, where a notification must be submitted before closing, allowing closure even if FDI proceedings are ongoing.
- Ex officio screening for all foreign investments that may threaten or disrupt security or public order in Slovakia or the EU, applicable within two years after closing (with no time limit for critical investments).
Additionally, Arts. 11-15 specify that investments in certain fields may be classified as foreign critical investments, requiring prior approval from the Ministry of Economy. Government Regulation No. 61/2023 Coll. identifies critical sectors, including the operation and management of critical infrastructure; cybersecurity services; digital services related to online markets, search engines, and cloud computing; production and research in encryption technologies; specific broadcasting media; online content-sharing platforms with annual revenues exceeding EUR 2 million; publishing large-scale periodic press or news agencies; and operating online news portals.
According to Art. 2, foreign investment includes any investment that enables the investor to acquire a Slovak target or critical assets, gain effective participation (voting rights or registered capital) in a Slovak target (10% for critical foreign investments and 25% for non-critical investments), increase participation to specific thresholds (20%, 33%, or 50% for critical investments and 50% for non-critical investments), or exercise control over a Slovak target.
The law outlines three screening regimes:
- Compulsory screening for critical investments, requiring prior FDI approval before closing.
- Voluntary screening for non-critical investments, where a notification must be submitted before closing, allowing closure even if FDI proceedings are ongoing.
- Ex officio screening for all foreign investments that may threaten or disrupt security or public order in Slovakia or the EU, applicable within two years after closing (with no time limit for critical investments).
Additionally, Arts. 11-15 specify that investments in certain fields may be classified as foreign critical investments, requiring prior approval from the Ministry of Economy. Government Regulation No. 61/2023 Coll. identifies critical sectors, including the operation and management of critical infrastructure; cybersecurity services; digital services related to online markets, search engines, and cloud computing; production and research in encryption technologies; specific broadcasting media; online content-sharing platforms with annual revenues exceeding EUR 2 million; publishing large-scale periodic press or news agencies; and operating online news portals.
Coverage Critical sectors
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/20230209050359/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4172/slovakia-expands-its-fdi-screening-regime-
- https://web.archive.org/web/20241109053612/https://www.zakonypreludi.sk/zz/2023-61
- https://web.archive.org/web/20241211212506/https://www.lexology.com/library/detail.aspx?g=e92ca02b-5e8f-4583-bcf6-208242afc540&
- https://web.archive.org/web/20231004220428/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4172/slovakia-expands-its-fdi-screening-regime-
- https://web.archive.org/web/20240522213605/https://www.wolftheiss.com/insights/new-fdi-screening-regime-in-the-slovak-republic/
- https://web.archive.org/web/20240418111139/https://www.whitecase.com/insight-our-thinking/foreign-direct-investment-reviews-2024-slovakia
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SLOVAKIA
Since October 2001, last amended in October 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and Amendment of Some Acts (Patent Act) Zakon 435/2001 Z. z. o patentoch, dodatkových ochranných osvedčeniach a o zmene a doplnení niektorých zákonov (patentový zákon)
According to Art. 79.2 of the Patent Act, any person without a permanent residence or registered office in the territory of the Slovak Republic must be represented by a lawyer or a patent attorney in proceedings before the Industrial Property Office, including in matters concerning the submission of translations. This requirement for mandatory representation does not apply to participants who are citizens of, or have a registered office or business establishment in, a contracting state of the Agreement on the European Economic Area. However, such participants are required to notify the Office of an address for service within the territory of the Slovak Republic.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211212716/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/sk/sk140en_1.pdf
- https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2001/435/
- https://www.indprop.gov.sk/en/patents/european-patents/classical-european-patent/representation-of-owners-of-european-patent-applications-and-european-patents-intended-for-the-slovak-republic
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