ESTONIA
Reported in 2023, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on TikTok
TikTok was reportedly banned from the work phones of state officials in Estonia in March 2023.
Coverage TikTok
ESTONIA
Since March 2004, last amended in February 2014
Since September 2017, last amended in 2019
Since September 2017, last amended in 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Act (Riigihangete seadus)
Public Procurement Act (Riigihangete seadus)
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 Estonia, the Directive has been transposed with the Public Procurement Act.
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/20230324124842/https://www.riigiteataja.ee/akt/105052022043
- 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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ESTONIA
Since September 2017, last amended in 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act (Riigihangete seadus)
The Public Procurement Act (PPA) 2017 § 11.1 provides for a general principle (2) that the contracting authority treats the following entities equally: all persons whose place of residence or seat is in: Estonia, in another Member State of the European Union, in another contracting state of the European Economic Area, or signatory of the WTO Government Procurement Agreement. Therefore, other countries are not given the same treatment.
Moreover, subchapter 3 of the Act stipulates that the contracting authority is not required to apply the rules of the Act if the main purpose of awarding a public contract is to provide or exploit public communications networks or to provide to the public an electronic communications service.
Moreover, subchapter 3 of the Act stipulates that the contracting authority is not required to apply the rules of the Act if the main purpose of awarding a public contract is to provide or exploit public communications networks or to provide to the public an electronic communications service.
Coverage Horizontal
ESTONIA
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 Estonia’s government has not set limitations on foreign ownership.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Eritrea 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
ERITREA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Eritrea 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
ERITREA
Since March 1998
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Proclamation No. 102/1998, Communication Proclamation
Art. 34 of the Communication Proclamation No. 102/1998 declares that the possession, establishment, and use of radio equipment or a system with interworking radio equipment is provided only by the Communications Department of the Ministry of Transportation and Communications.
Coverage Telecom equipment
ERITREA
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Indicator Maximum foreign equity share for investment in the e-commerce sector
Reported ban on foreign investment
Art. 5 of the Investment Proclamation No. 59/1994 states that all sectors are open to any investors, with the exception of domestic retail, domestic wholesale, import, and commission agency companies, which are excluded unless there is a bilateral agreement of reciprocity. Yet, it is reported that, in practice, this law has been suspended. The ruling Peoples Front for Democracy and Justice (PFDJ) determines the sectors in which private investment is accepted and defines the terms under which it is permitted. As a result, investment is de facto prohibited in most sectors of the economy (with the exception of mining), including the e-retail sector. It has also been reported that the majority of large enterprises are either wholly or partially owned by the government or the PFDJ.
Coverage E-retail
Sources
- https://web.archive.org/web/20240109000909/https://www.state.gov/reports/2023-investment-climate-statements/eritrea/
- https://web.archive.org/web/20231001030040/https://www.state.gov/reports/2022-investment-climate-statements/eritrea/
- https://web.archive.org/web/20230528040239/https://investmentpolicy.unctad.org/investment-laws/laws/255/print/3
- https://web.archive.org/web/20241204212711/https://tile.loc.gov/storage-services/service/ll/lleritrea/eritrean-proc-59-1994/eritrean-proc-59-1994.pdf
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ERITREA
Since March 1993
Since February 2013
Since February 2013
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Proclamation No. 32/1993, A Proclamation to Provide for the Regulation of the Monetary and Banking System in Eritrea
Proclamation No. 173/2013, A Proclamation Pertaining to the Opening of Foreign Currency Deposit Accounts, Domestic Commercial Transactions and/or Contracts, Currency Remittance and Exchange and the Declaration of Currency of Travelers Arriving into the Departing from Eritrea.
Proclamation No. 173/2013, A Proclamation Pertaining to the Opening of Foreign Currency Deposit Accounts, Domestic Commercial Transactions and/or Contracts, Currency Remittance and Exchange and the Declaration of Currency of Travelers Arriving into the Departing from Eritrea.
According to Art. 4 of the Proclamation No. 173 of 2013 and Arts. 33-36 of Proclamation No. 32 of 1993, all payments in the country are required to be in local currency, therefore requiring foreign firms to use local currency and payment methods in local currency.
Coverage Horizontal
ERITREA
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Restrictions on payments and transfers for international transactions
It is reported that Eritrea’s legislation rigorously regulates capital flows, including the payment for the importation of goods and currency exchange, which results in a significant challenge for organisations in Eritrea to transfer foreign currency into or out of the country and to settle essential overseas bills. The National Bank of Eritrea is responsible for approving and managing all fund transfers into and out of the country and has the authority to disapprove a transfer. Furthermore, local funds are not freely convertible to any world currency. The exchange rate is determined by the government and does not fluctuate. In addition, it has been alleged that the government is in breach of Article VIII of the International Monetary Fund (IMP) with regard to restrictions on payments and transfers for international transactions.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Eritrea does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Lack of consumer protection legislation
Eritrea does not have any legal provisions regarding consumer protection that are applicable to online commerce.
Coverage Horizontal
ERITREA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Eritrea has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ERITREA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation to trade or regional agreements committing to cross-border data flows
Eritrea has not joined any trade or regional agreements with binding commitments to cross-border data flows.
Coverage Horizontal
