Database

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SLOVENIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since November 2011, as amended in December 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Act on Audiovisual Media Services (ZAvMS) (Zakon o avdiovizualnih medijskih storitvah (ZAvMS))
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 Slovenia, the EU Directive was transposed into domestic law through the amendment of the Act on Audiovisual Media Services of December 2021 (Act on Amendments to the Act on Audiovisual Media Services (ZAvMS-B)). According to Art. 16.2 of the Act, at least 30% of the works in the programme catalogue of an on-demand audiovisual media service provider in a given calendar year must consist of European audiovisual works. In addition, Slovenian audiovisual works must make up at least 5% of the total works in the catalogue. For these calculations, individual works are defined as feature films, complete seasons of television series, and similar content.
The guidelines issued by the Commission on the calculation of the share of European works in on-demand catalogues must be followed when determining these quotas. Furthermore, as stipulated in Art. 16.5, news, sports events (live or recorded), games, advertising, teleshopping, and teletext services are excluded from the programme catalogue calculation. Slovenia has not imposed financial contribution obligations on VOD service providers.
Coverage On-demand audiovisual service

SLOVENIA

Since June 2014
Since March 1998

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Act (Zakon o varstvu potrošnikov (ZVPot))
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act.
Coverage Horizontal

SLOVENIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (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
Slovenia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SLOVENIA

Since 2000

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Slovenia 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

SLOVENIA

Since April 2016, entry into force in May 2018
Since December 2022, entry into force in January 2023

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Personal Data Protection Act 2022 (ZVOP-2) (Zakon o varstvu osebnih podatkov (ZVOP-2))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Slovenia implemented the GDPR with the Personal Data Protection Act.
Coverage Horizontal

SLOVENIA

Since July 2000
Since June 2006, last amended in February 2023

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal

SLOVENIA

Since July 2000
Since June 2006, last amended in February 2023

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal

SLOVENIA

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of effective enforcement of copyright online
It is reported that unlawful downloading of music and video content is common in the Slovenian market. Additionally, there is no strong enforcement of the copyright legal regime.
Coverage Music and video content

SLOVENIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovenia ratified the Treaty on 19 November 1999, 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

SLOVENIA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovenia ratified the Treaty on 19 November 1999, 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

SLOVENIA

Since June 2016
Since April 1999, as amended in February 2017
Since April 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar 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)

Code of Civil Procedure (Zakon o pravdnem postopku)

Professional Secrecy Act (Zakon o poslovni skrivnosti)
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. Slovenia implemented the Directive through an act amending the Civil Procedure Act in 2017 and the Professional Secrecy Act of 2019.
Coverage Horizontal

SLOVENIA

Since May 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. 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

SLOVENIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government of Slovenia owns 62.54% of Telekom Slovenije, the major incumbent telecommunications operator. State-owned entities Kapitalska druzba (KAD) and Slovenian Sovereign Holding (SDH) respectively hold a further 5.59% and 4.25% in Telekom Slovenije.
Coverage Telecommunications sector

SLOVENIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Slovenia does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required in certain cases. According to Art. 25 of the Electronic Communications Act, the Agency may impose an obligation on a specific network operator with significant market power to keep accounting records in relation to specified activities relating to interconnection and/or operator access separate from accounting records for other activities.
Coverage Telecommunications sector

SLOVENIA

Since July 2001

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS), 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

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