Database

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IRELAND

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The European Union and Ireland have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal

IRELAND

Since June 2016
Since June 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)

S.I. No. 188 of 2018 – European Union (Protection of Trade Secrets) Regulations 2018
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. Ireland transposed the Directive through the European Union (Protection of Trade Secrets) Regulations 2018.
Coverage Horizontal

HUNGARY

Since April 2022

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Domain Registration Policy (Domainregisztrációs Szabályzat)
According to Section 1 of the Domain Registration Policy, only natural persons and entities with residency in the EU or the European Economic Area (EEA) can apply for a ".hu" domain.
Coverage Horizontal

HUNGARY

Since December 2001

Pillar Online sales and transactions  |  Sub-pillar Local presence requirements for digital services providers
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
Under Section 15/C of the Act CVII of 2001 on Electronic Commerce, video-sharing platform services are subject to a notification requirement. It is reported that, in the authorities' current practice, this notification has to include an official registration number, which is only available to companies with a local presence in Hungary. According to industry reports, this bureaucratic hurdle concerns other digital services and e-commerce as well.
Coverage Video sharing platforms

HUNGARY

Since June 2014
Since December 1997, as amended in September 2019

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

Act CLV of 1997 on Consumer Protection (1997. évi CLV. Törvény a fogyasztóvédelemről)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act CLV of 1997 on Consumer Protection (as amended in September 2019).
Coverage Horizontal

HUNGARY

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

HUNGARY

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
Hungary 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

HUNGARY

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
Hungary 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

HUNGARY

Since July 2000
Since December 2001

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

Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
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.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Coverage Horizontal

HUNGARY

Since January 2017

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Act CXXVIII of 2016, which amends Act XXXIV of 1994 on the Police (and Act C of 2003 on Electronic Communications) (2016. évi CXXVIII. törvény a Rendőrségről szóló 1994. évi XXXIV. törvény, valamint az elektronikus hírközlésről szóló 2003. évi C. törvény módosításáról)
According to Art. 6.2 of Act CXXVIII of 2016, which amends Act XXXIV of 1994 on the Police (and Act C of 2003 on Electronic Communications), telecommunications service providers are required to verify the identity of individuals before entering into a contract for prepaid mobile telephony services (SIM cards). If the identity verification is unsuccessful, the subscription contract cannot be finalised, and the service provider is prohibited from initiating service. Additionally, for contracts exceeding one year, identity verification must be repeated annually on the contract anniversary or through third-party data matching. This identity verification can also be conducted online, either prior to the contract's conclusion or during data reconciliation processes.
Coverage Telecommunications service providers

HUNGARY

Since April 2019
Since May 2021

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

Act XXXVII of 2021 (Copyright Reform Act)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, Hungary has adopted Act XXXVII of 2021, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

HUNGARY

Since 2016

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Import ban applied on ICT goods or online services
Regulation of ride-sharing and taxi services
It is reported that Hungary's ban on ride-sharing services has been implemented by blocking its apps and websites. Under Hungarian legislation, Uber and other ride-sharing companies are classified as "illegal dispatcher services" as they do not conform to the same regulations as conventional taxi operators. Uber considered that the new legislation made its business model unfeasible in Hungary and left the country in 2016.
Coverage Ride-sharing services

HUNGARY

Since March 2010, entry into force in May 2010, last amended in 2018
Since December 2010, as amended in July 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 CLXXXV of 2010 on Media Services and Mass Communication (2010. évi CLXXXV. Törvény a médiaszolgáltatásokról és a tömegkommunikációról)
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 Hungary, the EU Directive was transposed into domestic law through the amendment of Act CLXXXV on Media Services and Mass Communication of July 2021 (LXIII of 2019 law on the amendment of certain laws related to media services). According to Art. 20 of the Act, at least 30% of the total aggregated length of programmes made available in a given calendar year in the programme schedule of on-demand audiovisual media services must consist of European works, with a minimum of 10% comprising Hungarian works.
Furthermore, pursuant to Art. 136, a media service provider with significant influence that offers a linear audiovisual media service is obligated to allocate 2.5% of its annual advertising revenue to the promotion of new Hungarian cinematographic works. This obligation can be satisfied either through a payment to the Fund or by providing financial support for a new film production, as mutually agreed upon between the Fund and the media service provider.
Coverage On-demand audiovisual service

HUNGARY

Since June 2016
Since November 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 LIV of 2018 on the Protection of Trade Secrets (2018. évi LIV. tTörvény az üzleti titok védelméről)
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. Hungary transposed the Directive through Act LIV of 2018 on the protection of trade secrets.
Coverage Horizontal

HUNGARY

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, Directive 2014/61/EU (Art. 3.2) 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

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