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
SLOVENIA
Since June 2001, last amended in March 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Act (Zakon o industrijski lastnini (ZIL-1))
Although there is no discrimination against foreign companies based on the principle of reciprocity, foreign patent applicants have to act before the Slovenian Intellectual Property Office through a patent agent, and the submission of information has to be carried out in Slovenian. A substantial examination is not required by the Slovenian Intellectual Property Office, which shall base its examination mainly on formal requirements.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231002145623/https://www.ip-coster.com/IPGuides/patent-slovenia
- https://web.archive.org/web/20240213045442/http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO1668
- https://web.archive.org/web/20211127104521/https://www.lexology.com/indepth/the-patent-litigation-law-review/slovenia#footnote-016-backlink
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SLOVENIA
Since March 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Slovenia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SLOVENIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.86%
Coverage rate of zero-tariffs on ICT goods (%)
79.65%
Coverage: Digital goods
SLOVENIA
Since March 2004, last amended in February 2014
Since November 2015, entry into force in March 2016
Since November 2015, entry into force in March 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
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 Slovenia, the Directive has been transposed with the Public Procurement Law (ZJN-3).
In Slovenia, the Directive has been transposed with the Public Procurement Law (ZJN-3).
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/20230327061359/http://www.pisrs.si/Pis.web/pregledPredpisa?id=ZAKO7086
- 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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SLOVENIA
Since November 2015, entry into force in March 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
Art. 7 of the Slovenian Public Procurement Act provides that mutual recognition should be taken into account to grant equal treatment in public procurement procedures. Furthermore, Art. 11 stipulates that all economic operators from third countries shall be accorded the same treatment as economic operators from the EU only for the award of a contract which is covered by the WTO Government Procurement Agreement or by another binding agreement of the European Union or the Republic of Slovenia.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240222000342/https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/124000#!/Zakon-o-javnem-narocanju-(ZJN-3)
- https://web.archive.org/web/20231108030000/https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20231212233727/https://www.trade.gov/country-commercial-guides/slovenia-selling-public-sector
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SLOVENIA
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that a lack of transparency in Slovenian public procurement processes continues to be a barrier to the participation of foreign firms, which is also caused by complexities in bid preparation due to short timeframes and complex documentation. In addition, some stakeholders claim that the Slovenian National Revision Commission carries out a quasi-judicial control reviewing disputed public procurement cases whose decisions are not subject to judicial appeal.
Coverage Horizontal
SLOVENIA
Since February 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Investment Promotion Act (Zakon o spodbujanju investicij (ZSInv))
The Investment Promotion Act, applicable to both foreign and domestic investors, does not impose any specific restrictions on foreign ownership or control on sectors relevant for digital trade.
Coverage Horizontal
SLOVENIA
Since February 2018, as amended in July 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Investment Promotion Act (Zakon o spodbujanju investicij (ZSInv))
The Investment Promotion Act, as amended by the Act on Amendments and Additions to the Investment Promotion Act (Slovenian FDI Control Rules), supersedes the temporary FDI framework previously established under the Act defining intervention measures to mitigate and address the impacts of the COVID-19 pandemic (Official Gazette of the Republic of Slovenia, No. 80/20). Under the revised Art. 31 of the Investment Promotion Act, foreign acquisitions in "critical sectors" that meet specific criteria are required to be notified to and reviewed by a Notification Commission established by the Ministry of the Economy, Tourism, and Sport. These criteria include: (i) direct or indirect acquisitions of at least 10% of the share capital or voting rights of a corporate entity registered in Slovenia, and (ii) investments in tangible or intangible assets for the establishment of a new corporate entity in Slovenia, where the foreign investor acquires, directly or indirectly, at least 10% of the share capital or voting rights of the newly established entity.
Art. 31.c of the law specifies that sectors and activities of special focus include: (i) critical physical or virtual infrastructure, such as communications, media, and data processing or storage; (ii) critical technologies and dual-use products, including artificial intelligence, semiconductors, and cybersecurity; and (iii) information and communications technology.d
Art. 31.c of the law specifies that sectors and activities of special focus include: (i) critical physical or virtual infrastructure, such as communications, media, and data processing or storage; (ii) critical technologies and dual-use products, including artificial intelligence, semiconductors, and cybersecurity; and (iii) information and communications technology.d
Coverage Critical sectors
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://pisrs.si/pregledPredpisa?id=ZAKO7634
- https://web.archive.org/web/20241109060533/https://www.uradni-list.si/glasilo-uradni-list-rs/vsebina/2023-01-2089/zakon-o-spremembah-in-dopolnitvah-zakona-o-spodbujanju-investicij-zsinv-c?h=ZSInv-C
- https://web.archive.org/web/20231209024605/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/slovenia
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SLOVAKIA
Since June 2014
Since June 2007
Since June 2007
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act No. 250/2007 (Zákon z 9. mája 2007 o ochrane spotrebiteľa a o zmene zákona Slovenskej národnej rady č. 372/1990 Zb. o priestupkoch v znení neskorších predpisov)
Consumer Protection Act No. 250/2007 (Zákon z 9. mája 2007 o ochrane spotrebiteľa a o zmene zákona Slovenskej národnej rady č. 372/1990 Zb. o priestupkoch v znení neskorších predpisov)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the amendments to the Consumer Protection Act No. 250 in 2016.
Coverage Horizontal
SLOVAKIA
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
Slovakia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SLOVAKIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Slovakia 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
SLOVAKIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Slovakia 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
SLOVAKIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since August 2022
Since November 2008, last amended in November 2019
Since August 2022
Since November 2008, last amended in November 2019
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 No 264/2022 on Media Services and Amending Certain Acts (Media Services Act) (Zákon č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)
Act No. 516/2008 Coll. on the Audiovisual Fund and Amending Certain Acts as Amended ( Zákon č. 516/2008 Z. z. o Audiovizuálnom fonde a o zmene a doplnení niektorých zákonov v znení neskorších predpisov)
Act No 264/2022 on Media Services and Amending Certain Acts (Media Services Act) (Zákon č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)
Act No. 516/2008 Coll. on the Audiovisual Fund and Amending Certain Acts as Amended ( Zákon č. 516/2008 Z. z. o Audiovizuálnom fonde a o zmene a doplnení niektorých zákonov v znení neskorších predpisov)
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 Slovakia, the EU Directive was transposed into domestic law through Act No 264/2022 on Media Services and Amending Certain Acts. According to Art. 70 of the Act, on-demand audiovisual media service providers must reserve at least 30% of the total number of programmes offered in their catalogue each calendar month for European works. This requirement applies to each on-demand audiovisual media service individually, and appropriate prominence must be given to such works.
Additionally, as stipulated in Art. 28a of Act No. 516/2008, providers of on-demand audiovisual media services are required to contribute to the Audiovisual Fund. The contribution is calculated based on the total revenue generated by the provider from the provision of on-demand audiovisual media services in the previous calendar year, amounting to 0.5% of this total revenue.
In Slovakia, the EU Directive was transposed into domestic law through Act No 264/2022 on Media Services and Amending Certain Acts. According to Art. 70 of the Act, on-demand audiovisual media service providers must reserve at least 30% of the total number of programmes offered in their catalogue each calendar month for European works. This requirement applies to each on-demand audiovisual media service individually, and appropriate prominence must be given to such works.
Additionally, as stipulated in Art. 28a of Act No. 516/2008, providers of on-demand audiovisual media services are required to contribute to the Audiovisual Fund. The contribution is calculated based on the total revenue generated by the provider from the provision of on-demand audiovisual media services in the previous calendar year, amounting to 0.5% of this total revenue.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20220305195125/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20241109055711/https://www.culture.gov.sk/wp-content/uploads/2019/12/Act-No.-264_2022-Coll.-on-media-services-and-amending-certain-acts-Media-Services-Act-1.pdf
- https://web.archive.org/web/20240715023124/https://www.wipo.int/wipolex/en/legislation/details/19402
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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