IRELAND
Since December 2014
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act 2014
Section 137 of the Companies Act 2014 states that every Irish company must have at least one director who is resident in the European Economic Area (EEA) unless either:
- The company has filed a non-resident bond to the value of EUR 25,000 with the Companies Registration Office;
- The company holds a certificate from the Companies Registration Office confirming that the company has a real and continuous link with one or more economic activities in Ireland.
- The company has filed a non-resident bond to the value of EUR 25,000 with the Companies Registration Office;
- The company holds a certificate from the Companies Registration Office confirming that the company has a real and continuous link with one or more economic activities in Ireland.
Coverage Horizontal
IRELAND
Since August 1992
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Ireland is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
IRELAND
Since May 2001
Since July 2000
Since July 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright and Related Rights Act, 2000
Copyright and Related Rights Act, 2000
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. The Directive has been transposed by Member States with significant freedom.
Ireland has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyright and Related Rights Act of 2000 specifies that no copyright infringement occurs in several instances, including fair dealing for research or private study, as well as fair dealing for criticism, review, or news reporting.
Ireland has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyright and Related Rights Act of 2000 specifies that no copyright infringement occurs in several instances, including fair dealing for research or private study, as well as fair dealing for criticism, review, or news reporting.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20240717154447/https://www.irishstatutebook.ie/eli/2000/act/28/enacted/en/html
- https://web.archive.org/web/20230516154419/https://infojustice.org/wp-content/uploads/2023/04/Band-and-Gerafi-April-2023.pdf
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IRELAND
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 (%)
81.17%
Coverage: Digital goods
IRELAND
Since March 2004, last amended in February 2014
Since June 2016
Since June 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016
S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In 2016, the Directive has been transposed with the Law S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016.
In 2016, the Directive has been transposed with the Law S.I. No. 286/2016 - European Union (Award of Contracts by Utility Undertakings) Regulations 2016.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20220119012727/https://www.irishstatutebook.ie/eli/2016/si/286/made/en/print
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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GUINEA
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 80, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20231220024306/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20230227012953/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_4%20November%202021.pdf
GUINEA
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Requirement to establish a commercial presence to use a local domain name
It has been reported that eligibility to register a '.com.gn' domain name is restricted exclusively to companies based in Guinea.
Coverage Horizontal
GUINEA
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, Regulating Electronic Transactions in the Republic of Guinea (Décret No. D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République de Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements, including having a dedicated domain name with a ".gn" or ".com" extension for the activity.
Coverage Horizontal
GUINEA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Guinea lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
GUINEA
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
Guinea has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GUINEA
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
Guinea 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
GUINEA
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
Guinea 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
GUINEA
Since July 2016
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
According to Art. 57 of the cybersecurity and personal data protection law, the importation, sale or use of encryption services (in the law "means of cryptology") is banned unless authorised by the government.
Coverage Encryption services
Sources
- https://web.archive.org/web/20230331164726/https://www.arpt.gov.gn/loi-l2016-037-an-relative-a-la-cybersecurite-et-la-protection-des-donnees/
- https://web.archive.org/web/20230420040132/https://cipesa.org/wp-content/files/reports/Privacy-Imperilled-Analysis-of-Surveillance-Encryption-and-Data-Localisation-Laws-in-Africa-Report.pdf
GUINEA
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, Regulating Electronic Transactions in the Republic of Guinea (Décret No. D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République de Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements, including:
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
Coverage Horizontal