SLOVAKIA
Since 2019
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Terms And Conditions Of Domain Name Service In ".Sk" Top Level Domain
Part 2 of the Terms and Conditions of Domain Name Service in ".sk" top-level domain states that a ".sk" top-level domain may be applied for only by a physical or legal person that has a postal address (address to receive physical paper forms of communication) in any of the European Union member states, or a state within the European Economic Area, or a member state of the European Free Trade Association.
Coverage Horizontal
SLOVAKIA
Since September 2011
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Act No. 351/2011 on Electronic Communications (Zákon č. 351/2011 Z. z. O Elektronických Komunikáciách)
Both accounting and functional separation of significant market power (SMP)/ dominant network operators are mandated. The Regulatory Authority for Electronic Communications and Postal Services (RÚ) may impose on the SMP undertaking providing access or interconnection the obligation of accounting separation for each specific activity in relation to access or interconnection and require vertically integrated undertaking to make its wholesale and internal prices transparent to ensure also the requirement for non-discrimination under Section 20 of the Act No. 351/2011 on Electronic Communications or to prevent preference or discrimination of some services by cross-subsidizing costs and revenues from other services and mutually between the services. The RÚ may specify the structure of accounting records and the methodology of separate records in the accounting system. The RÚ has imposed the obligation of the accounting separation on the SMP undertaking on the market 3a and 3b. Where the specific obligations set by Sections 19-23 of the Act No. 351/2011 imposed on the SMP undertaking have failed to achieve effective competition, and there are important and persisting competition problems or market failures in relation to the wholesale provision of certain access products, the RU may, as an exceptional measure, impose an obligation on vertically integrated undertakings to establish an independently operating business entity which has a position of a controlled person. The undertaking shall be obliged to transfer all activities related to the wholesale provision of the respective relevant products to such a person.
Coverage Telecommunications sector
SLOVAKIA
Since September 2011
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Regulatory Authority for Electronic Communications and Postal Services (RÚ), 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
Sources
- https://web.archive.org/web/20230312080543/https://www.teleoff.gov.sk/regulatory-authority-for-electronic-communications-and-postal-services/
- https://web.archive.org/web/20220119215914/https://www.teleoff.gov.sk/data/files/22211.pdf
- https://web.archive.org/web/20241211214702/https://www.devex.com/organizations/telecomunications-regulatory-authority-of-the-slovak-republic-tusr-49733
- https://datahub.itu.int/data/?i=100088&s=3109
- Show more...
SLOVAKIA
Since April 2016, entry into force in May 2018
Since May 2018
Since May 2018
Pillar Domestic data policies |
Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act No. 18/2018 Coll. on Protection of Personal Data and on Amendments to certain Acts (Zákon o ochrane osobných údajov, Act No. 18/2018 Coll.)
Act No. 18/2018 Coll. on Protection of Personal Data and on Amendments to certain Acts (Zákon o ochrane osobných údajov, Act No. 18/2018 Coll.)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Slovakia implemented the GDPR in 2018 through the Act No. 18/2018 Coll. on Protection of Personal Data and on Amendments to certain Acts.
Coverage Horizontal
SLOVAKIA
Since July 2000
Since December 2003, entry into force in February 2004
Since December 2003, entry into force in February 2004
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
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 Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
The Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal
Sources
- https://web.archive.org/web/20181125020805/https://www.zakonypreludi.sk/zz/2004-22
- https://web.archive.org/web/20240419114009/https://wilmap.stanford.edu/entries/law-no-222004-electronic-commerce
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- Show more...
SLOVAKIA
Since July 2000
Since December 2003, entry into force in February 2004
Since December 2003, entry into force in February 2004
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
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 Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
The Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal
Sources
- https://web.archive.org/web/20181125020805/https://www.zakonypreludi.sk/zz/2004-22
- https://web.archive.org/web/20240419114009/https://wilmap.stanford.edu/entries/law-no-222004-electronic-commerce
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- Show more...
SLOVAKIA
N/A
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Slovakia 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
SLOVAKIA
Since January 1993
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Slovakia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SLOVAKIA
Since May 2015
Since 2016
Since 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. Member States have transposed the Directive with significant freedom. The Copyright Act provides for a wide list of exceptions.
Coverage Horizontal
Horizontal
Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20241211213926/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/sk/sk/sk145sk.pdf
- https://web.archive.org/web/20231130005837/http://copyrightblog.kluweriplaw.com/2016/02/29/slovakia-adopts-a-new-copyright-act-its-a-mixed-bag-part-i/
- https://web.archive.org/web/20220521223712/https://euipo.europa.eu/ohimportal/en/web/observatory/faq-sk#faqanchor_SK
- Show more...
SLOVAKIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovakia ratified the Treaty on 14 January 2000, 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
SLOVAKIA
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
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovakia ratified the Treaty on 14 January 2000, 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
SLOVAKIA
Since June 2016
Since December 1991, as amended in May 2018
Since December 1991, as amended in May 2018
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)
Act No 513/1991 Coll. Commercial Code (Zákon č. 513/1991 Zb. Obchodný zákonník)
Act No 513/1991 Coll. Commercial Code (Zákon č. 513/1991 Zb. Obchodný zákonník)
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. Slovakia fully implemented the Directive with Act No 264/2017, amending the existing Commercial Code.
Coverage Horizontal
SLOVAKIA
Since May 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that passive sharing is mandated in Slovakia, and it is practised in the mobile and fixed sectors based on commercial agreements. 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
SLOVAKIA
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)
0.79%
Coverage rate of zero-tariffs on ICT goods (%)
79.95%
Coverage: Digital goods