HUNGARY
Reported in 2018, 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 has been reported that a lack of transparency remains a significant challenge in public procurement procedures in Hungary, particularly for foreign bidders. Concerns relate to the use of overly narrow tender specifications and implicit preferences for local vendors and state-owned enterprises. These issues have been echoed by both the business community and foreign governments, which have noted persistent obstacles to fair competition. Several multinational firms have further indicated that participation in Hungarian public procurements entails unacceptably high levels of corruption and compliance risk.
Moreover, in April 2022, the European Commission launched a budget conditionality mechanism against Hungary over the “systemic irregularities, deficiencies and weaknesses” in its public procurement procedures.
Moreover, in April 2022, the European Commission launched a budget conditionality mechanism against Hungary over the “systemic irregularities, deficiencies and weaknesses” in its public procurement procedures.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250710022130/https://www.state.gov/reports/2024-investment-climate-statements/hungary
- https://web.archive.org/web/20250812195509/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
- https://web.archive.org/web/20220117100153/https://www.euractiv.com/section/justice-home-affairs/news/citing-systemic-fraud-commission-pushes-hungary-to-change-procurement/
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HUNGARY
Since January 1989
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act XXIV of 1988 on Foreign Investments in Hungary (1988. évi XXIV. törvény a külföldiek magyarországi befektetéseiről)
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250210190355/https://investmentpolicy.unctad.org/investment-laws/laws/541/hungary-act-xxiv-of-1988-on-foreign-investments-in-hungary
- https://web.archive.org/web/20250210181046/https://net.jogtar.hu/jogszabaly?docid=98800024.tv
- https://web.archive.org/web/20231024155210/https://www.state.gov/reports/2023-investment-climate-statements/hungary/
- https://web.archive.org/web/20231210052717/https://www.state.gov/reports/2022-investment-climate-statements/hungary/
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HUNGARY
Since October 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act LVII of 2018 on Controlling Foreign Investments Violating Hungary’s Security Interests (2018. évi LVII. törvény a Magyarország biztonsági érdekét sértő külföldi befektetések ellenőrzéséről)
Act LVII of 2018 on Controlling Foreign Investments Violating Hungary’s Security Interests establishes a national security-related screening mechanism. According to Art. 2 of the law, a foreign investment needs prior ministerial approval is required, when (i) 25% of the shares (10% in publicly traded companies) are acquired in companies critical to the national security; (ii) decisive influence over such companies is acquired; (iii) a branch office is established in Hungary; or (iv) a right to use/operate a sensitive infrastructure or asset is acquired. Companies whose activities are essential to national security include active cryptography, electronic communication and public communication systems.
According to Art. 1 of the law, a foreign investor is (i) a person or organisation from outside the European Union (EU), European Economic Area (EEA), or Swiss Confederation; and (ii) a legal entity registered in the EU, EEA, or Swiss Confederation that acquires ownership or interest in a Hungarian company, if the controlling person or entity is from outside the EU, EEA, or Swiss Confederation.
According to Art. 1 of the law, a foreign investor is (i) a person or organisation from outside the European Union (EU), European Economic Area (EEA), or Swiss Confederation; and (ii) a legal entity registered in the EU, EEA, or Swiss Confederation that acquires ownership or interest in a Hungarian company, if the controlling person or entity is from outside the EU, EEA, or Swiss Confederation.
Coverage National security sectors, including cryptography, electronic communication and public communication systems
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://web.archive.org/web/20240420231019/https://faolex.fao.org/docs/pdf/hun204641.pdf
- https://web.archive.org/web/20231128195920/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/hungary
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HUNGARY
Since December 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Government Decree No. 561/2022 of 23 December 2022 on the Different Application of Certain Provisions Necessary for the Protection of Hungarian Companies for Economic Purposes During the State of Emergency (561/2022. (XII. 23.) Korm. rendelet a magyarországi gazdasági társaságok gazdasági célú védelméhez szükséges egyes rendelkezések veszélyhelyzet ideje alatti eltérő alkalmazásáról)
Since May 2020, Hungary has applied an “Alternative FDI Regime”, established under Chapter 85 of Act LVIII of 2020 and its implementing Government Decree. Originally designed as a temporary measure set to expire at the end of 2021, the regime was extended and reinstated through Government Decree No. 561/2022, thereby making it permanent.
The regime applies to a broad range of transactions, not limited to share acquisitions. It encompasses convertible instruments, usufruct rights, corporate transformations, asset purchases, capital injections, and in-kind contributions.
Under Art. 3 of Decree No. 561/2022, notification is required whenever a foreign investor directly or indirectly acquires:
(i) at least a 5% stake in a strategic company (or 3% if the company is publicly listed), provided the transaction value reaches HUF 350 million (approx. EUR 900,000); or
(ii) at least a 10% stake, regardless of deal value; or
(iii) a stake resulting in the combined shareholding of foreign investors reaching 25% in a strategic company, regardless of deal value.
According to Art. 2 of the Decree a strategic company is defined as a limited liability company, a privately held joint-stock company, a publicly held joint-stock company, or a higher education institution with a registered office in Hungary, whose main or additional activity falls within a sector of strategic significance as defined in Annex 1, particularly in the energy, transportation, or communication sectors, as well as industries defined under Regulation (EU) 2019/452 of the European Parliament and Council of 19 March 2019, which establishes a framework for the screening of foreign direct investments into the Union.
Annex 1 lists an extensive coverage of sectors, including publishing activities, telecommunications, and information technology services, among others.
The regime applies to a broad range of transactions, not limited to share acquisitions. It encompasses convertible instruments, usufruct rights, corporate transformations, asset purchases, capital injections, and in-kind contributions.
Under Art. 3 of Decree No. 561/2022, notification is required whenever a foreign investor directly or indirectly acquires:
(i) at least a 5% stake in a strategic company (or 3% if the company is publicly listed), provided the transaction value reaches HUF 350 million (approx. EUR 900,000); or
(ii) at least a 10% stake, regardless of deal value; or
(iii) a stake resulting in the combined shareholding of foreign investors reaching 25% in a strategic company, regardless of deal value.
According to Art. 2 of the Decree a strategic company is defined as a limited liability company, a privately held joint-stock company, a publicly held joint-stock company, or a higher education institution with a registered office in Hungary, whose main or additional activity falls within a sector of strategic significance as defined in Annex 1, particularly in the energy, transportation, or communication sectors, as well as industries defined under Regulation (EU) 2019/452 of the European Parliament and Council of 19 March 2019, which establishes a framework for the screening of foreign direct investments into the Union.
Annex 1 lists an extensive coverage of sectors, including publishing activities, telecommunications, and information technology services, among others.
Coverage Strategic sectors, including publishing activities, telecommunications, and information technology services
Sources
- https://investmentpolicy.unctad.org/investment-laws/laws/535/hungary-government-decree-561-2022-xii-23-
- https://njt.hu/jogszabaly/2022-561-20-22
- https://web.archive.org/web/20231128195920/https://iclg.com/practice-areas/foreign-direct-investment-regimes-laws-and-regulations/hungary
- https://www.twobirds.com/en/insights/2024/hungary/fdi-regimes-in-hungary
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HUNGARY
Since June 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Act XXXIII of 1995 on the Protection of Inventions by Patents (1995. évi XXXIII. Törvény a találmányok szabadalmi oltalmáról)
Under Art. 51 of Act XXXIII of 1995 on the protection of inventions, foreign applicants that have no residency within the EU or the European Economic Area (EEA) have to be represented by an authorised attorney-at-law in front of the Hungarian Intellectual Property Office.
Coverage Horizontal
CZECH REPUBLIC
Since June 2014
Since December 1992, as amended in February 2016
Since December 1992, as amended in February 2016
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act No. 634/1992 Coll., Consumer Protection Act (634/1992 Sb. Zákon ze dne 16. prosince 1992 o ochraně spotřebitele)
Act No. 634/1992 Coll., Consumer Protection Act (634/1992 Sb. Zákon ze dne 16. prosince 1992 o ochraně spotřebitele)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented through an amendment of the Consumer Protection Act.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20211108202325/https://www.mpo.cz/assets/cz/ochrana-spotrebitele/pravni-predpisy-pro-ochranu-spotrebitele/2019/3/634-1992-Sb-aktualni-zneni_zverejneny_1.pdf
- https://web.archive.org/web/20241213155512/https://unctad.org/page/cyberlaw-tracker-country-detail?country=cz
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CZECH REPUBLIC
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
The Czech Republic has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CZECH REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The Czech Republic 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
CZECH REPUBLIC
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
The Czech Republic 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
CZECH REPUBLIC
Since March 2010, entry into force in May 2010, last amended in 2018
Since April 2010, entry into force in May 2010, as amended in August 2022
Since April 2010, entry into force in May 2010, as amended in August 2022
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)
Act No. 132/2010 Coll. on On-Demand Audiovisual Media Services (Zákon č. 132/2010 Sb. o audiovizuálních mediálních službách na vyžádání)
Act No. 132/2010 Coll. on On-Demand Audiovisual Media Services (Zákon č. 132/2010 Sb. o audiovizuálních mediálních službách na vyžádání)
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 the Czech Republic, the EU Directive was transposed into domestic law through the amendment of the Act on On-Demand Audiovisual Media Services of August 2022 (242/2022 Coll.). According to Section 7 of the Act, on-demand audiovisual media service providers must allocate at least 30% of the total number of programmes in their catalogues to European works and ensure these works are prominently featured. Notably, news programmes, sports events, and competition programmes are excluded from the total number of programmes used to calculate the share of European works.
In the Czech Republic, the EU Directive was transposed into domestic law through the amendment of the Act on On-Demand Audiovisual Media Services of August 2022 (242/2022 Coll.). According to Section 7 of the Act, on-demand audiovisual media service providers must allocate at least 30% of the total number of programmes in their catalogues to European works and ensure these works are prominently featured. Notably, news programmes, sports events, and competition programmes are excluded from the total number of programmes used to calculate the share of European works.
Coverage Broadcasting
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231218140331/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20241105031226/https://www.zakonyprolidi.cz/cs/2010-132/zneni-20220915
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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CZECH REPUBLIC
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
The Czech Republic does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in certain cases.
Pursuant to Art. 51 of Act No. 127/2005 Coll. on Electronic Communications, the Czech Telecommunications Office (CTU) is mandated to analyse the relevant markets, in order to assess whether they are effectively competitive. On the basis of the market analysis, the CTU may designate an undertaking as having significant market power and, where appropriate, impose specific obligations, including the obligation to maintain separate records of costs and revenues.
Pursuant to Art. 51 of Act No. 127/2005 Coll. on Electronic Communications, the Czech Telecommunications Office (CTU) is mandated to analyse the relevant markets, in order to assess whether they are effectively competitive. On the basis of the market analysis, the CTU may designate an undertaking as having significant market power and, where appropriate, impose specific obligations, including the obligation to maintain separate records of costs and revenues.
Coverage Telecommunications sector
CZECH REPUBLIC
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Czech Telecommunication Office (CTU), 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
CZECH REPUBLIC
Since August 2021, entry into force in November 2021
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Decree No. 316/2021 Coll. on certain requirements for entry in the cloud computing catalog (Vyhláška č. 316/2021 Sb. - Vyhláška o některých požadavcích pro zápis do katalogu cloud computingu)
Line 1.4 of Annex No. 2 to Decree No. 316/2021 stipulates that specific operational data, which includes information relating to identified or identifiable users, must remain within the territory of the Member States of the European Union and the European Free Trade Association. This condition applies to cloud computing services offered to public authorities, thereby influencing the management of personal data within the public sector.
Coverage Public sector
CZECH REPUBLIC
Reported in 2024
Pillar Cross-border data policies |
Indicator Conditional flow regime
Reported conditions for data storage abroad
It is reported that, pursuant to Czech tax and financial record legislation, VAT invoices issued under Act No. 235/2004 Coll., the VAT Act, must be stored within the territory of the Czech Republic. However, storage abroad is permitted provided that immediate remote access is ensured. In such cases, the tax authorities must be notified in advance of the storage location.
Coverage Horizontal
CZECH REPUBLIC
Since April 2016, entry into force in May 2018
Since April 2019, last amended in August 2025
Since April 2019, last amended in August 2025
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Personal Data Processing Act (Zákon No. 110/2019 Sb. on Zpracování Osobních Údajů)
Personal Data Processing Act (Zákon No. 110/2019 Sb. on Zpracování Osobních Údajů)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. The Personal Data Processing Act transposes the GDPR.
Coverage Horizontal
