Database

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DEMOCRATIC REPUBLIC OF CONGO (DRC)

Since November 2020, entry into force in September 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. 20/017 on Telecommunications and Information and Communication Technologies (Loi No. 20/017 du 25 novembre 2020 relative aux Télécommunications et aux Technologies de l'Information et de la Communication)
According to Art. 40 of Law No. 20/017 on Telecommunications and Information and Communication Technologies, the legal entity benefiting from a licence must adopt the form of a Société Anonyme (‘S.A’). Without prejudice to agreements and conventions to which the Congolese State is a party, at least thirty per cent (30%) of the share capital of the aforementioned company must be allocated as follows:
- At least 25% must be held by Congolese natural or legal persons whose shares are owned by Congolese natural persons. This subscription must be paid within three years of the company’s incorporation.
- 5% is reserved for Congolese employees of the company.
In the event that the 30% threshold mentioned above is not met, the company may still be incorporated, provided the share reserved for Congolese workers is guaranteed.
Coverage Telecommunications sector

DEMOCRATIC REPUBLIC OF CONGO (DRC)

N/A

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Requirement to engage in joint ventures to invest or operate
Joint venture requirement
It is reported that, in practice, the DRC requires foreign investors to hire local agents and participate in a joint venture with the government or local partners.
Coverage Horizontal

CYPRUS

Since June 2014
Since 2013, last amended in 2021

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

Consumer Protection Law of 2021 Ν. 112(Ι)/2021 (Νομος που προβλεπει για την προστασια του καταναλωτη Ν. 112(Ι)/2021)
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 Law of 2021 Ν.112(Ι)/2021. The law gives the Consumer Protection Service wider authority to impose sanctions, including administrative fines, and to apply to the court for injunctions in cases of violations. The legislation consolidates the laws in relation to consumer rights, unfair commercial practices, misleading and comparative advertising, unfair terms in contracts, indication of product prices, conditions for the sale of goods at discount prices, and product guarantees.
Coverage Horizontal

CYPRUS

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

CYPRUS

N/A

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

CYPRUS

N/A

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

CYPRUS

Since March 2010, entry into force in May 2010, last amended in 2018
Since January1998, as amended in May 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)

Law on Radio and Television organizations of 1998 (7(I)/ 1998) (Ο περί Ραδιοφωνικών και Τηλεοπτικών Οργανισμών Νόμος του 1998 (7(I)/1998))
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 Cyprus, the EU Directive was transposed into domestic law through the amendment of Law 7(I)/1998 of May 2021 (197(I)/2021). According to Art. Art. 31Α of the law, audiovisual service providers are required to retain at least 30% of their catalogues for European works and to display them prominently. Cyprus has not implemented financial contribution obligations to VOD service providers.
Coverage Audiovisual Media Services

CYPRUS

Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator 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

CYPRUS

Reported in 2020, last reported in 2023

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Cypriot State owns the majority of shares of the Cypriot Telecommunications Authority (Cyta), which is the incumbent telecom operator.
Coverage Telecommunications sector

CYPRUS

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Cyprus does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, obligated companies (i.e. companies that have been designated as such by a decision of the Commissioner for a relevant market) must prepare and make available to the Commissioner their separate accounts of revenues and costs of supply of goods and/or services.
Coverage Telecommunications sector

CYPRUS

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Cyprus Inland Telecommunications Authority (Cyta), 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

CYPRUS

Since April 2016, entry into force in May 2018
Since July 2018

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

Law Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data of 2018 (Law 125(I)/2018) (Ο περί της Προστασίας των Φυσικών Προσώπων Έναντι της Επεξεργασίας των Δεδομένων Προσωπικού Χαρακτήρα και της Ελεύθερης Κυκλοφορίας των Δεδομένων αυτών Νόμος του 2018 (Ν. 125(I)/2018))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Cyprus implemented the GDPR by means of Law Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data
Coverage Horizontal

CYPRUS

Since May 2006
In April 2014
Since 2007, entered into force in December 2007, last amended in 2008

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Law 183(I)/2007 Law on Retention of Telecommunication Data for the Investigation of Serious Criminal Offences (Ο περί Διατήρησης Τηλεπικοινωνιακών Δεδομένων με Σκοπό τη Διερεύνηση Σοβαρών Ποινικών Αδικημάτων Νόμος του 2007 (183(I)/2007))
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the directive have been overturned.
Cyprus's law implementing the Directive is still in place. Specifically, according to Section 13 of Law 183(I)/2007, telecommunications services providers are obliged to retain data for a period of at least six months.
Coverage Telecommunications sector

CYPRUS

Since July 2020
Since April 2004, last amended in July 2007

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

Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
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 E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal

CYPRUS

Since July 2020
Since April 2004, last amended in July 2007

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

Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
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 E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal

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