SAUDI ARABIA
Since July 2019, entry into force in December 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Royal Decree No. M/128 dated 13/11/1440 AH on Government Tenders and Procurement Law
Art. 3 of the Government Tenders and Procurement Law stipulates that foreign suppliers can only participate in the public procurement only if the following conditions apply:
- the relevant scope of work shall be posted on the procurement portal to ensure that there is no more than one local person qualified to carry out the work; and
- the Ministry of Investment (the key regulator of foreign investment) approves the arrangement.
- the relevant scope of work shall be posted on the procurement portal to ensure that there is no more than one local person qualified to carry out the work; and
- the Ministry of Investment (the key regulator of foreign investment) approves the arrangement.
Coverage Horizontal
SAUDI ARABIA
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 Expansion Agreement (ITA II)
Saudi Arabia is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods
SAUDI ARABIA
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)
3.76%
Coverage rate of zero-tariffs on ICT goods (%)
34.95%
Coverage: Digital goods
PERU
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
Peru 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
PERU
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
UNCITRAL Model Law on Electronic Signatures
Peru has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
PERU
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
Peru has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
PERU
Since July 2014, last amended in 2018
Since December 2018
Since December 2018
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Government Procurement Law No. 30,225 (Ley de Contrataciones del Estado N. 30225)
Regulation of the Government Procurement Law (Reglamento de la Ley de de Contrataciones del Estado)
Regulation of the Government Procurement Law (Reglamento de la Ley de de Contrataciones del Estado)
Art. 46 of the Law No. 30,225 requires companies to register in the National Registry of Providers in order to participate, bid, or be a contractor or subcontractor with the state. In addition, according to Art. 10 of the Regulation of the Government Procurement Law, goods and service providers, together with works contractors and works consultants must be registered in the National Registry of Providers, with the exception of state entities and providers whose contracts are equal or minor to around 4,600 soles (approx. 1,200 USD).
Coverage Horizontal
PERU
Since September 2010
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Protection Code Law No. 29,571 (Código de Protección y Defensa del Consumidor Ley N. 29,571)
The Consumer Protection Code Law provides a comprehensive consumer protection framework that applies to online transactions. According to Art. 2 of the law, the purpose of the Code is for consumers to have access to suitable products and services and to enjoy the rights and effective mechanisms for their protection, reducing information asymmetry, correcting, preventing, or eliminating conducts and practices that affect their legitimate interests.
Coverage E-commerce sector
Sources
- https://uk.practicallaw.thomsonreuters.com/Document/I2ef127e01ed511e38578f7ccc38dcbee/View/FullText.html?transitionType=CategoryPageItem&contextData=(sc.Default)&comp=pluk&navId=DE2875585E0A177A4FCE59...
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=pe
- https://www.indecopi.gob.pe/documents/51084/8486113/Codigo_Consumo_DIC2022_VF1/96326e8c-f791-e275-0c62-bff4dae71641
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PERU
Since September 1991, last amended in May 2008
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Foreign Investment Promotion Decree N. 662 (Ley de Promoción de la Inversión Extranjera Decreto Legislativo N. 662)
Art. 20 of Legislative Decree No. 662 requires foreign investors to register before the Competent National Agency in order to enjoy their right in Arts. 7 and 9, that is the rights to send money abroad and to convert money in local currency.
Coverage Horizontal
PERU
Since July 2007, last amended in May 2021
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
General Regulation of the Telecommunications Law (Reglamento General de la Ley de Telecomunicaciones)
According to Art. 124 of the Regulation of the Telecommunications Law, foreign companies must be domiciled in the country or appoint a legal representative domiciled in the country to provide or operate telecommunications services.
Coverage Telecommunications sector
PERU
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
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 USD 200.
Coverage Horizontal
PERU
Reported in 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Lack of interoperability across payment schemes
It is reported that there are two closed payment schemes that do not interoperate with each other: Yape (of Banco Crédito del Perú) and PLIN (of BBVA, Scotiabank and Interbank). That is, no transfers can be made from one wallet to another (for example, between the Yape wallet of the BCP and BBVA's Lukita wallet). Both schemes have opened access under certain conditions to other financial system enterprises (ESFs), but not to each other. Yet, it is expected that this restriction will be lifted in March. In fact, Art. 3 of Circular-0024-2022, that will enter into force in March 2023, establishes an interoperability principle for payment service providers, QR codes providers, and Digital Wallets providers. The article extends the scope of the provision in a way that covers the payment means, account type and the technology.
Coverage Digital wallets
PERU
Since 1993
Since January 2006, last amended in June 2019
Since July 2008
Since January 2006, last amended in June 2019
Since July 2008
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Telecommunications Law Supreme Decree No. 013-93-TCC (Ley de Telecomunicaciones Decreto Supremo 013-93-TCC)
Specific Regulations for Homologation of Telecommunications Equipment and Apparatus (Reglamento Específico de Homologación de Equipos y Aparatos de Telecomunicaciones)
Ministerial Resolution No. 521-2008-MTC/03 (Resolución Ministerial N. 521-2008-MTC/03)
Specific Regulations for Homologation of Telecommunications Equipment and Apparatus (Reglamento Específico de Homologación de Equipos y Aparatos de Telecomunicaciones)
Ministerial Resolution No. 521-2008-MTC/03 (Resolución Ministerial N. 521-2008-MTC/03)
According to Art. 63 of the Telecommunications Law, all equipment or apparatus that has to be connected to a public network to provide any type of service or is used to carry out radioelectric emissions, must have the corresponding approval certificate (“certificado de homologación”). According to Art. 75 of the Law, this procedure is carried out by the Peruvian Government through the Ministry of Transport and Communications which can delegate powers to entities and laboratories for measurements and tests.
According to Art. 8 of the Specific Regulations for Homologation of Telecommunications Equipment and Apparatus, the homologation of telecommunications equipment and/or devices that produce radioelectric emissions is subject to the payment of a processing fee and applicants must submit a copy of the technical manual with specifications for the equipment or appliance to be approved, indicating the mark, model, and name and address of the manufacturer. Ministerial Resolution N. 521-2008-MTC/03 established the recognition of approval certificates or similar documents for telecommunications equipment and devices from the United States and Canada.
According to Art. 8 of the Specific Regulations for Homologation of Telecommunications Equipment and Apparatus, the homologation of telecommunications equipment and/or devices that produce radioelectric emissions is subject to the payment of a processing fee and applicants must submit a copy of the technical manual with specifications for the equipment or appliance to be approved, indicating the mark, model, and name and address of the manufacturer. Ministerial Resolution N. 521-2008-MTC/03 established the recognition of approval certificates or similar documents for telecommunications equipment and devices from the United States and Canada.
Coverage Telecom equipment
Sources
- https://busquedas.elperuano.pe/normaslegales/decreto-supremo-que-modifica-diversos-articulos-del-reglamen-decreto-supremo-n-019-2019-mtc-1778351-4/
- http://transparencia.mtc.gob.pe/idm_docs/normas_legales/1_0_2137.pdf
- https://cdn.www.gob.pe/uploads/document/file/341389/1_0_5094.pdf?v=1562880479
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
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PERU
Since November 2019
Since July 2007, last amended in May 2021
Since July 2007, last amended in May 2021
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Supreme Decree No. 035/2019 that specifies provisions on the Public Transportation Service for Persons in Unauthorized Minor Vehicles and establishes provisions on the blocking of applications and/or web pages (Decreto Supremo que precisa disposiciones sobre el Servicio de Transporte Público de Personas en Vehículos Menores NO Autorizados y establece disposiciones sobre el bloqueo de aplicativos y/o páginas web Decreto Supremo N. 035-2019-MTC)
General Regulation of the Telecommunications Law (Reglamento General de la Ley de Telecomunicaciones)
General Regulation of the Telecommunications Law (Reglamento General de la Ley de Telecomunicaciones)
Supreme Decree No. 035/2019 allows an organism of the Ministry of Transport and Communications to block unilaterally and without a court order transportation apps deemed to be offering illegal services (including bicycles, taxis, and e-scooters). According to Art. 3 of the Decree, internet service providers notified by the authority must block the apps or web pages within the deadline. There are critics of the proportionality and necessity of this measure.
In addition, the Modifying Complementary Provision of this Decree added the lack of compliance with blocking requests to the list of serious infractions of Art. 258 (24) of the General Regulation of the Telecommunications Law.
In addition, the Modifying Complementary Provision of this Decree added the lack of compliance with blocking requests to the list of serious infractions of Art. 258 (24) of the General Regulation of the Telecommunications Law.
Coverage Transportation apps
Sources
- https://www.cepal.org/sites/default/files/publication/files/46421/S1901092_en.pdf
- https://www.accessnow.org/blocking-apps-by-ministerial-decree-enables-illegal-content-takedowns-in-peru/
- https://cdn.www.gob.pe/uploads/document/file/422192/035-2019-MTC.pdf
- https://cdn.www.gob.pe/uploads/document/file/19208/1_0_2137.pdf
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PERU
Since September 2012, last amended in April 2022
Since April 2022
Since April 2022
Pillar Intermediary liability |
Sub-pillar User identity requirement
Resolution of the Board of Directors No. 138-2012-CD-OSIPTEL (Resolución de Consejo Directivo N. 138-2012-CD-OSIPTEL)
Resolution of the Board of Directors No. 072-2022-CD/OSIPTEL (Resolución de Consejo Directivo N. 072-2022-CD/OSIPTEL)
Resolution of the Board of Directors No. 072-2022-CD/OSIPTEL (Resolución de Consejo Directivo N. 072-2022-CD/OSIPTEL)
Art. 11 of the Resolution of the Board of Directors N. 138-2012-CD-OSIPTEL by the regulatory agency OSIPTEL ("Organismo Supervisor de la Inversión Privada en Telecomunicaciones") implemented identity requirements for mobile services regulates the verification of the identity of the mobile public service applicant and the contracting of mobile public services. Art. 11, last amended by Art. 1 of Resolution of the Board of Directors N. 072-2022-CD/OSIPTEL, states that mobile public service operating companies are obliged to verify the identity of the applicant, through the use of the fingerprint biometric verification system by verifying the information of the biometric database of RENIEC (the national identification registry, "Registro Nacional de Identificación y Estado Civil"). Also, Art. 11A states that before the fingerprint verification, the company may request the exhibition of the hand of the applicant (or legal representative) to verify that is free of any external object that could invalidate the identity verification process.
Art. 11B states that the operator must include in the subscriber registry the information referring to all the mobile terminal equipment through which the service is provided, including the equipment that has not been commercialized yet. This registry must also include: the IMEI code of the mobile terminal equipment or the electronic serial number; the IMSI code that activates the mobile terminal equipment (unique international identification code for each subscriber of the public mobile service, which is integrated into the SIM Card, Chip or other equivalent); whether the subscriber is a natural or legal person and other information established by OSIPTEL.
Art. 11B states that the operator must include in the subscriber registry the information referring to all the mobile terminal equipment through which the service is provided, including the equipment that has not been commercialized yet. This registry must also include: the IMEI code of the mobile terminal equipment or the electronic serial number; the IMSI code that activates the mobile terminal equipment (unique international identification code for each subscriber of the public mobile service, which is integrated into the SIM Card, Chip or other equivalent); whether the subscriber is a natural or legal person and other information established by OSIPTEL.
Coverage Telecommunications sector