Database

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CYPRUS

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

Pillar Intermediary liability  |  Sub-pillar 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  |  Sub-pillar 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

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  |  Sub-pillar 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

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar 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  |  Sub-pillar 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

Reported in 2022, last reported in the 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Open environment for foreign investment
It is reported that Cyprus has not established restrictions on ownership control of foreign investment in sectors relevant to the digital economy.
Coverage Horizontal

CYPRUS

Since March 2019
Since October 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments

Decision 90.013/2020 of the Council of Ministers
Under Regulation 2019/452, Member States may maintain their existing investment screening mechanisms (22 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission, which may issue an opinion when an investment threatens the security or public order of more than one Member State or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
Cyprus currently lacks a horizontal mandatory foreign investment screening mechanism for FDI, aside from sector-specific licenses issued by relevant ministries. However, the country is drafting legislation in line with EU regulations to establish an investment screening mechanism under the Ministry of Finance, which is expected to pass in 2024.
In the meantime, Decision 90.013 of the Council of Ministers approved the Fast-Track Business Activation Mechanism, which implements an FDI screening for foreign companies. This mechanism applies to certain sectors, including telecommunications, where a regulatory and licensing regime is enforced under local legislation
Coverage Horizontal

CYPRUS

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cyprus is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

CYPRUS

Since May 2001
Since December 1976, last amended in 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC

Copyright and Related Rights Law - Law No. 59(I)/1976 (Ο περί του Δικαιώματος Πνευματικής Ιδιοκτησίας και Συγγενικών Δικαιωμάτων Νόμος του 1976 (Ν. 59/1976))
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. 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.
Cyprus 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 Law outlines the limitations and permitted acts that align with international standards and regulations. Art. 7 of the Act specifies that no copyright infringement occurs through fair dealing for purposes of research, private use, criticism or review, or the reporting of current events, provided that, if such use is made in public, it is accompanied by an acknowledgment of the title of the work and its authorship.
Coverage Horizontal

CYPRUS

Reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that from 2017 to 2022, Cyprus had the highest rates of internet piracy among EU member states. Cyprus notably leads in piracy rates for live sports events, significantly surpassing the EU average, with Portugal and Greece close behind. Moreover, it is reported that in 2022, pirated TV content experienced a notable increase, with TV shows, series, and on-demand movies being the most commonly pirated genres.
Coverage Horizontal

CYPRUS

Since November 2003

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Cyprus and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Cyprus acceded to the Treaty on 4 August 2003, with its provisions coming into force on 4 November 2003. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal

CYPRUS

Since December 2005

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Cyprus and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Cyprus acceded to the Treaty on 2 September 2005, with its provisions coming into force on 2 December 2005. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal

CYPRUS

Since June 2016
Since November 2020

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)

Law No. 164(I)/2020 on the Protection of Undisclosed Know-How and Business Information (Trade Secrets) against their Unlawful Acquisition, Use, and Disclosure (Ο περί της Προστασίας της Τεχνογνωσίας και των Επιχειρηματικών Πληροφοριών που δεν έχουν Αποκαλυφθεί (Εμπορικό Απόρρητο) από την Παράνομη Απόκτηση, Χρήση και Αποκάλυψή τους Νόμος του 2020 (Ν. 164(I)/2020))
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. Cyprus transposed the Directive through a series of amendments to existing legislation in 2020.
Coverage Horizontal

CYPRUS

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

CYPRUS

Reported in 2020, last reported in 2023

Pillar Telecom infrastructure & competition  |  Sub-pillar 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

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