Database

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BRAZIL

Since April 2021

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 14.133, dated 1 April 2021 – Procurement Process and Administrative Contract Law (Lei No. 14.133, de 1º de abril de 2021 - Lei de Licitações e Contratos Administrativos)
Art. 26 of Law No. 14.133 states that a margin of preference in the bidding process may be established in favour of domestic manufactured goods and services that meet Brazilian technical standards. This margin may be up to 10% on the price of goods and services and also be extended to manufactured goods and services originating in States that are part of the Southern Common Market (Mercosur). The article also mentions that in the case of national manufactured goods and national services resulting from development and technological innovation in the country, the margin of preference may be up to 20%.
Coverage Horizontal

BRAZIL

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Brazil is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA); however, it has held observer status since October 2017.
Coverage Horizontal

BRAZIL

Since October 1988, last amended in December 2023
Since December 2002

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Constitution of the Federative Republic of Brazil (Constituição da República Federativa do Brasil)

Law No. 10.610 of 20 December 2002 - Provides for Foreign Capital Share in Journalistic, Image and Sound Broadcasting Companies, as per § 4 of Article 222 of the Constitution; Amends Articles 38 and 64 of Law No. 4,117 of 27 August 1962, § 3 of Article 12 of Decree-Law No. 236 of 28 February 1967; and Provides Other Measures (Lei No. 10.610 de 20 de dezembro de 2002 - Dispõe Sobre a Participação de Capital Estrangeiro nas Empresas Jornalísticas e de Radiodifusão Sonora e de Sons e Imagens, Conforme o § 4o do Art. 222 da Constituição; Altera os Arts. 38 e 64 da Lei No. 4.117, de 27 de agosto de 1962, o § 3o do Art. 12 do Decreto-Lei No. 236, de 28 de fevereiro de 1967; e Dá Outras Providências)
Art. 222 of the Brazilian Constitution stipulates that a minimum of 70% of the total voting capital of news companies must be held, either directly or indirectly, by native Brazilians or by individuals who have been naturalised Brazilians for over ten years. Furthermore, Art. 2 of Law No. 10.610/2002 also restricts foreign ownership to no more than 30% of the capital stock and voting capital of news companies. It should be noted that neither the Constitution nor the Law defines what constitutes a news company.
Coverage News companies

BOTSWANA

Since December 2018
Since May 2014

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Protection Act

Electronic Communications and Transactions Act
The Consumer Protection Act and the Electronic Communications and Transactions Act provide a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal

BOTSWANA

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
Botswana has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BOTSWANA

Since 2014

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Botswana has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BOTSWANA

Since 2014

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Botswana 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

BOTSWANA

Since January 2019

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Electronic Payments Services Regulations, 2019
According to Section 29 of the Electronic Payments Services Regulations, licensees for electronic payment systems must adhere to transaction limits set in Schedule 3 of the regulations. Operating limits for account-based payment systems (e-money account, execution of card payment, credit transfers and direct debits) have a monthly aggregate transaction limit within the range of BWP 20,000 (approx. USD 1,750) to BWP 30,000 (approx. USD 2,600) for individual customers and BWP 50,000 (approx. USD 4,350) for SMEs, while for retail agents the monthly aggregate transaction limit is BWP 1,000,000 (approx. USD 87,000).
Coverage Electronic payment systems

BOTSWANA

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Botswana does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

BOTSWANA

Since September 2008

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Standards (Import Inspection) Regulations, 2008
With the exception of goods originating in Malawi, import permits – issued by the Department of International Trade in the Ministry of Investment, Trade, and Industry – are required for goods entering Botswana directly from outside the Southern Africa Customs Union (SACU). Any public or private body whose product satisfies all the requirements of a Botswana product standard can apply to the Botswana Bureau of Standards (BOBS) for the product to be certified. Samples of the product are then tested to verify its conformance to the requirements of the product standard, and if the results are acceptable, the product can then obtain the BOBS certification mark.
Regulations 3 and 6 of the Standards (Import Inspection) Regulations of 2008 provide that a compliance certificate should be obtained for all commodities or goods to be imported into Botswana. The imported commodities should either comply with the Bureau standards or international or foreign standards recognised by the Bureau for the compliance certificate to be issued.
Coverage Horizontal

BOTSWANA

Since March 2016, last amended in April 2022

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Type Approval Guidelines
According to Art. 5 of the Type Approval Guidelines, type approval applies to anyone who imports, manufactures, uses, or supplies telecommunication or broadcasting equipment for use or sale in Botswana. The person who wants to use or sell this product must register the equipment with Botswana Communications Regulatory Authority (BOCRA), prior to importing, unless the equipment concerned has already been registered in BROCA’s Type Approval Database. According to Art. 6, for registration, the application must be accompanied by a declaration of conformity (DoC) and a full set of test reports confirming compliance with declared conformity. In addition, according to Section 6.5, it is not necessary to submit any other documentation or a sample of the equipment unless requested to do so by BOCRA. As specified in Art. 10, test results must be obtained from a labouratory that has been accredited by a body that is a member of the International labouratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement. Test results should be included with the application unless BOCRA specifically states in writing that test results are not required. The equipment must be tested for compliance with BROCA’s technical specifications (or equivalent) and should cover areas of safety, electromagnetic compatibility (EMC), and technical standards. Reference to such compliance must be included in the declaration of conformity submitted with the application.
Coverage Telecommunication and broadcasting equipment

BOTSWANA

Reported in 2013, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Botswana Communication Regulatory Authority (BOCRA), 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

BOTSWANA

Since July 2007

Pillar Cross-border data policies  |  Indicator Local storage requirement
Companies Act, 2007
According to Sections 189 and 190 of the Companies Act 2007, a company limited by shares must keep accounting records, including invoices relating to the sale and supply of goods, at its registered office or such other place in Botswana as the company's board shall determine.
Coverage Horizontal

BOTSWANA

Since October 2024, entry into force in January 2025

Pillar Cross-border data policies  |  Indicator Local storage requirement
Data Protection Act, 2024 - Act No. 18 of 2024
Section 74 of Botswana’s Data Protection Act provides that personal data may be transferred to foreign jurisdictions, provided that a copy is retained within Botswana for the entire duration of its processing. This obligation applies irrespective of the legal basis for the transfer, including adequacy decisions, appropriate safeguards, or specific derogations. The requirement to maintain a local copy is absolute and admits no exceptions.
The 2024 Act repealed the Data Protection Act 2018, which did not contain this obligation.
Coverage Horizontal

BOTSWANA

Since October 2024, entry into force in January 2025
Since August 2018, entry into force in October 2021, until January 2025

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Data Protection Act, 2024 - Act No. 18 of 2024

Data Protection Act, 2018 - Act No. 32 of 2018
Sections 74–78 of the Data Protection Act 2024 allow for the transfer of personal data outside Botswana only when a copy is kept in the country and when certain conditions are fulfilled. These conditions include an adequacy decision issued by the Commission regarding the recipient country or organisation, or the implementation of appropriate safeguards. Such safeguards may take the form of legally binding agreements between public authorities, binding corporate rules, standard data protection clauses adopted by the Commission, or approved codes of conduct.
The 2024 Act repealed the Data Protection Act 2018, which, under Sections 48 and 49, generally prohibited cross-border data transfers, except where adequacy decisions or certain derogations applied.
Coverage Horizontal

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