PARAGUAY
Since December 1985
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Civil Code
According to Art. 1197 of the Civil Code, companies incorporated abroad are required to establish a representation with domicile in the country, in addition to the particular domiciles resulting from other legal causes.
Coverage Horizontal
PARAGUAY
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Paraguay does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties. The country removed the de minimis threshold of 100 USD for electronic purchases in 2017. Resolution No. 1298 of 2018 of the Ministry of Industry and Commerce established that electronic purchases up to USD 100 that are not subject to prior import licenses are required to pay only the casual VAT of 13% and the transportation payment. As for operations between USD 100 and USD 1,000, they must pay between 15% and 35% of the Common External Tariff, as applicable.
Coverage Horizontal
Sources
- https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
- https://pe.fashionnetwork.com/news/Paraguay-emite-una-nueva-resolucion-para-las-compras-online-en-sitios-del-exterior,1054046.html
- https://www.abc.com.py/nacionales/aduanas-recuerda-que-compras-por-internet-pagan-iva-de-entre-13-a-35-1750386.html
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PARAGUAY
Since July 2009, last amended in July 2017
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
Resolution 588/2009: Regulation for the homologation process of telecommunications equipment
According to Art. 6 of Resolution 588/2009, the commercialization, installation, and operation of telecommunications apparatus or equipment are only allowed with prior approval by CONATEL (National Telecommunications Commission). According to Art. 2, the goods that need to be homologated are: telecommunications equipment and devices intended to be connected to public telecommunications networks or connected through a network termination; telecommunications equipment and devices that make use of the Radioelectric Spectrum (including antennas); equipment that does not fall into the previous categories, which are subject to some technical regulation, at the discretion of CONATEL. Certification by foreign suppliers is allowed, but the application must be submitted to the regulatory body for equipment homologation (Art. 17). Once equipment type testing has been performed, a Paraguayan representative must apply for the CONATEL’s certificate of approval by submitting the required documentation, as well as send a type approval request letter addressed to the president of the CONATEL. It is also reported that the following ICT goods need to be homologated: car audio systems; RF transceivers; BT speakers; modems; wireless microphones; RFID (Radio Frequency Identification) equipment.
Coverage Telecommunication equipment and ICT goods
Sources
- https://www.itu.int/en/ITU-D/Technology/Documents/Events2016/CI_Training_AMS_Campinas_June16/Presentations/Part1/08_9%20Paraguay.pdf
- https://www.itu.int/dms_pub/itu-d/opb/stg/D-STG-SG02.04.1-2017-PDF-E.pdf
- https://www.conatel.gov.py/conatel/wp-content/uploads/2019/09/2009-rd-588-homologacion.pdf
- https://www.larcg.com/where-we-work/paraguay/
- https://ib-lenhardt.com/type-approval/paraguay
- https://www.itu.int/en/ITU-D/Regional-Presence/Americas/Documents/EVENTS/2014/0512-Brazil-C-I/Paraguay_CONATEL.pdf
- https://www.conatel.gov.py/conatel/wp-content/uploads/2019/09/2009-rd-588-homologacion.pdf
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PARAGUAY
Since July 2009, last amended in July 2017
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Resolution 588/2009: Regulation for the homologation process of telecommunications equipment
According to Art. 6 of Resolution 588/2009, the importation, manufacture and/or commercialization within Paraguay of telecommunication devices or equipment is only allowed with the prior approval of CONATEL (National Telecommunications Commission).
Coverage Telecommunication equipment and ICT goods
Sources
- https://www.itu.int/en/ITU-D/Technology/Documents/Events2016/CI_Training_AMS_Campinas_June16/Presentations/Part1/08_9%20Paraguay.pdf
- https://www.conatel.gov.py/conatel/wp-content/uploads/2019/09/2009-rd-588-homologacion.pdf
- https://www.itu.int/dms_pub/itu-d/opb/stg/D-STG-SG02.04.1-2017-PDF-E.pdf
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PARAGUAY
Since August 2016
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Law No. 5653 on the protection of children and adolescents against harmful content on the Internet (Ley No. 5653, de protección de niños, niñas y adolescentes contra contenidos nocivos de internet)
According to Art. 3 of Law No. 5653, any Internet service providers shall develop and offer free software to detect, filter, classify, delete and block harmful information and they shall provide clients with such software and its teaching manual that explains how to install and use it.
Coverage Internet intermediaries
PARAGUAY
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Paraguay imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
PARAGUAY
Since March 2013
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Law No. 4868 on Electronic Commerce (Ley No. 4868 de Comercio Electrónico)
Paraguay has a safe harbour regime in place for intermediaries for copyright infringements. According to Art. 11 of Law No. 4868, if the data is provided by the service receiver, the intermediary service provider shall not be responsible for the information transmitted under several circumstances, including when the transmission is not initiated by providers or data is not changed by providers. Art.16 requests all providers shall establish a mechanism to remove content that violates copyright and related rights and industrial property laws from the network. This mechanism must be public and accessible to any user.
Coverage Internet intermediaries
PARAGUAY
Since March 2013
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Law No. 4868 on Electronic Commerce (Ley No. 4868 de Comercio Electrónico)
Paraguay has a safe harbour regime in place for intermediaries for any activity other than copyright infringement. According to Art. 11 of Law No. 4868, if the data is provided by the service receiver, the intermediary service provider shall not be responsible for the information transmitted under several circumstances, including when the transmission is not initiated by providers or data is not changed by provides.
Coverage Internet intermediaries
PARAGUAY
Since November 2002
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Resolution No. 1350, which establishes the mandatory registration of call details for a period of six months (Resolución No. 1350, por la cual se establece la obligatoriedad de registro de detalles de llamadas por el plazo de seis meses)
According to Art. 1 of Resolution No. 1350, telephone service providers shall store a detailed call log of all Paraguayan users for a period of six months.
Coverage Telecommunications sector
PARAGUAY
N/A
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Lack of comprehensive data protection law
Paraguay lacks a comprehensive data protection framework, although a legislative proposal is currently underway. Law No. 6534 on the Protection of Personal Credit Data (Ley No. 6534 de Protección de Datos Personales Crediticios) provides the protection of anyone's credit data, regardless of their nationality, residence or place of residence, regulating the activities of collecting and obtaining credit information data, as well as the composition, organization, operation, rights, obligations and termination of legal persons involved in obtaining and providing credit information, so as to safeguard basic rights, privacy, information self-determination, freedom, security and fair treatment.
Coverage Horizontal
PARAGUAY
Since March 2013
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Law No. 4868 on Electronic Commerce (Ley No. 4868 de Comercio Electrónico)
According to Art. 10 of Law No. 4868, intermediary service providers and data service providers shall store the connection and traffic data generated during the established communication for at least six months.
Coverage Intermediary service providers and data service providers
PARAGUAY
Signed April 2021 - not into force yet
Signed December 2021 - not into force yet
Signed December 2021 - not into force yet
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of signature of agreement with binding commitments on cross-border transfers of data
Paraguay has joined agreements with binding commitments to open transfers of data across borders. According to the Art. 7.2 of the Mercosur Agreement on E-Commerce signed by Paraguay, each Party shall permit the cross-border transfer of information when the purpose of such transfer is to realize commercial activities of a person of a Party. The agreement shall enter into force 30 days after the ratification of the second Mercosur State Party. For subsequent ratifying States Parties, this agreement shall enter into force 30 days after the date on which each of them deposits its respective instrument of ratification. To date, only Uruguay has ratified it.
According to the Art. 7.11 of the Free Trade Agreement between Chile and Paraguay, each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party. The agreement shall enter into force 90 days after the "Asociación Latinoamericana de Integración" (ALADI) notifies the parties that the last deposit of the instrument of ratification has been received.
According to the Art. 7.11 of the Free Trade Agreement between Chile and Paraguay, each Party shall permit the cross-border transfer of information by electronic means, where such activity is for the conduct of the business of a person of a Party. The agreement shall enter into force 90 days after the "Asociación Latinoamericana de Integración" (ALADI) notifies the parties that the last deposit of the instrument of ratification has been received.
Coverage Horizontal
Sources
- http://www.sice.oas.org/TPD/CHL_PAR/CHL_PAR_e.ASP#Background
- https://www.mercosur.int/documento/acuerdo-sobre-comercio-electronico-del-mercosur/
- https://www.mre.gov.py/tratados/public_web/DetallesTratado.aspx?id=2r0+6uBvKfThjkfA76FNlg==
- https://www.subrei.gob.cl/docs/default-source/default-document-library/acuerdo-comercial-chile-paraguay_ok.pdf
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PARAGUAY
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Paraguay has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
PARAGUAY
Since December 1995, last amended in March 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Law No. 642 of Telecommunications (Ley No. 642 de Telecomunicaciones)
According to Law No. 642 of Telecommunications, the National Telecommunications Commission (CONATEL), 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
PARAGUAY
Reported in 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Paraguay does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector