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KENYA

Since August 2020, last amended in April 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
The National Information Communications and Technology (ICT) Policy Guidelines, 2020
According to The National Information Communication and Technology Policy Guidelines of 2020, Kenyan-built ICT solutions are preferred over any other solution in the award of public tenders. Where there are no local Kenyan businesses that meet tender requirements, the successful tenderer must provide adequate proof that they will implement a skills transfer program to local firms and personnel as part of the tender award process. Foreign companies have until August 2023 to adhere to this requirement.
Coverage ICT services

KENYA

Since December 2015, entry into force January 2016, last amended in 2022
Since April 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, 2015

Public Procurement and Asset Disposal Regulations, 2020
Section 157.8 (b) of the Public Procurement and Asset Disposal Act stipulates that a prescribed margin of preference shall be applied in the evaluation of tenders submitted by candidates offering goods manufactured, assembled, mined, extracted or grown in Kenya. Alternatively, a preference may be applied to works, goods, and services, depending on the percentage of locals' shareholding on a graduated scale as prescribed. In accordance with Section 89 of the Act, which concerns international tendering and competition, and for the purposes of Section 157.8 (b), Regulation 164 of the Public Procurement and Asset Disposal Regulations stipulates that the margin of preference shall be:
- 20% margin of preference for the evaluated price of the tender given to candidates offering goods manufactured, mined, extracted, grown, assembled or semi-processed in Kenya, and the percentage of shareholding of Kenyan citizens is more than 50%.
- 15% given to candidates offering goods manufactured, mined, extracted, grown, assembled or semi-processed in Kenya.
- 10%, where the shareholding percentage of Kenyan citizens is more than 50%.
- 8%, where the shareholding percentage of Kenyan citizens is less than 50% but above 20%.
- 6%, where the shareholding percentage of Kenyan citizens is above 5% and less than 20%.
Coverage Horizontal

KENYA

Since December 2015, entry into force January 2016, last amended in 2022
Since April 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, 2015

Public Procurement and Asset Disposal Regulations, 2020
Where the procuring entity seeks to contract with non-Kenyan firms or procure foreign goods, the Public Procurement and Asset Disposal Act requires a report detailing evidence of an inability to procure locally (Art. 155.5). On the other hand, for the purpose of ensuring sustainable promotion of local industry, a procuring entity must have in its tender documents a mandatory requirement as preliminary evaluation criteria for all foreign tenderers participating in international tenders to source at least 40% of their supplies from citizen contractors prior to submitting a tender (Art. 157.9). Notably, since 2015, an initiative dubbed “Buy Kenyan Build Kenya” has required Kenyan state ministries, departments, and agencies to procure at least 40% of their supplies locally. Furthermore, the Act calls for at least 30% of government procurement contracts to go to firms owned by women, youth, and persons with disabilities (Art. 157.10).
In addition, the Public Procurement and Asset Disposal Regulations of 2020 mandate that tender proposals include skills and knowledge transfer to Kenyan citizens, a 75% set aside of employment opportunities for Kenyans, and a local content plan (Art. 144).
Coverage Horizontal

KENYA

Since December 2015, entry into force January 2016, last amended in 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement and Asset Disposal Act, 2015
Section 157.4 of the Public Procurement and Asset Disposal Act stipulates that reservations and preferences shall be applied to candidates belonging to disadvantaged groups, micro, small and medium enterprises, identified regions, and other categories as may be prescribed.
Coverage Horizontal

KENYA

Reported in 2019, last reported in 2024

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that foreign firms have had very limited success bidding on Kenyan Government tenders. There are widespread reports that corruption often influences the outcome of public tenders, and many of these tenders are challenged in the courts. Foreign firms, some without proven track records, have won government contracts when partnered with well-connected Kenyan firms or individuals. As of January 2019, all tenders and procurements are required to be undertaken through the Kenyan Government’s electronic procurement system, the Integrated Financial Management Information System (IFMIS). Certain foreign companies have expressed concerns about IFMIS due to insufficient connectivity and technical capacity in county government offices, apathy from county government officials, central control shutdowns, and security gaps that render the system vulnerable to manipulation and hacking.
Coverage Horizontal
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[{"post_id":"100717"},{"post_id":"100718"},{"post_id":"100719"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'KE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

KENYA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
7.29%
Coverage rate of zero-tariffs on ICT goods (%)
44.05%
Coverage: ICT goods

ITALY

Since 2014

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Regulation of allocation and management of ".it" domain names
As provided in provision 1.2.3 of the Regulation of allocation and management of ".it" domain names, registration of an ".it" domain name is only permitted to persons of legal age who have citizenship, residence or registered office in the countries of the European Economic Area (EEA), the Vatican State, the Republic of San Marino and the Swiss Confederation.
Coverage Horizontal

ITALY

Since June 2014
Since September 2005

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

Consumer Code - Legislative Decree No. 206 of 6 September 2005 (Codice del consumo - Decreto Legislativo No. 206 del 6 Settembre 2005)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Code - Legislative Decree No. 206 of 6 September 2005 - Part III - Title III - Chap I Consumer Rights.
Coverage Horizontal

ITALY

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

ITALY

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Italy 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

ITALY

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Italy 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

ITALY

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

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

Legislative Decree No. 208 of 8 November 2021: Implementation of Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 Amending Directive 2010/13/EU on the Coordination of Certain Provisions Laid Down by Law, Regulation or Administrative Action in Member States Concerning the Single Text for the Provision of Audiovisual Media Services, in View of Changing Market Realities. (Decreto Legislativo 8 Novembre 2021, No. 208 Attuazione della Direttiva (UE) 2018/1808 del Parlamento Europeo e del Consiglio, del 14 Novembre 2018, Recante Modifica della Direttiva 2010/13/UE, Relativa al Coordinamento di Determinate Disposizioni Legislative, Regolamentari e Amministrative degli Stati Membri, Concernente il Testo Unico per la Fornitura di Servizi di Media Audiovisivi in Considerazione dell'Evoluzione delle Realità del Mercato).
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 Italy, the EU Directive was transposed into domestic law through Legislative Decree No. 208. According to Art. 55 of the Decree, catalogues of on-demand audiovisual media service providers under Italian jurisdiction must prominently feature at least 30% European works. Providers are required to ensure that, over the past five years, at least 30% of their catalogue consists of European audiovisual works, excluding those that charge a specific fee for individual programmes. Additionally, at least 50% of the European works quota must be reserved for original Italian works produced by independent producers within the last five years. The regulations referred to in Art. 57 shall stipulate that at least one-fifth of the sub-quota of investment must be reserved for cinematographic works of original Italian expression produced by independent producers in the last five years, regardless of where they were made.
Coverage On-demand audiovisual service

ITALY

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Italy 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

ITALY

Since April 2019
Since November 2021

Pillar Intermediary liability  |  Indicator 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

Legislative Decree No. 177 – Implementation of Directive (EU) 2019/790 on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC (Decreto Legislativo n. 177 – Attuazione della Direttiva (UE) 2019/790 sul diritto d'autore e diritti connessi nel mercato unico digitale e modifica delle Direttive 96/9/CE e 2001/29/CE)
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, the President has promulgated Legislative Decree No. 177, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

ITALY

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Autorita per le Garanzie Nelle Comunicazioni (AGCOM), 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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