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HONDURAS

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments on cross-border data flows
Honduras has acceded to several agreements covering cross-border data aspects, but the relevant provisions on cross-border data flows are not binding. The agreements include the Free Trade Agreement between the Dominican Republic, Central America and the United States (Chapter 14.5), the Free Trade Agreement between the United Mexican States and the Republics of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua (Chapter 15), and the Canada-Honduras Free Trade Agreement (Chapter 16.5).
Coverage Horizontal

HONDURAS

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive data protection regime
There is no comprehensive data protection law in Honduras. The Law for the Protection of Confidential Personal Data is currently being discussed in the Honduran Congress. Personal data is mainly regulated by the Law of Transparency and Access to Public Information (Decree No. 170 – 2006), which introduced accountability for public entities that mishandled confidential personal data. In addition, the General Regulations of the Framework Law for the Telecommunications Sector define the seizure, use, or modification of reserved private data as grave offences subject to administrative sanctions by the National Telecommunication Commission of Honduras (CONATEL) and the Public Ministry. Moreover, the Criminal Code imposes criminal responsibility for infringing privacy.
Coverage Horizontal

HONDURAS

Since January 2000, last amended in March 2013

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
According to Art. 144 of the Industrial Property Law, all persons must file their applications through a legal representative. Where the applicant or holder of an industrial property right is domiciled or has its headquarters outside Honduras, they must be represented by an agent domiciled in the country.
Moreover, as established under Art. 45 of the Industrial Property Law, a patent application must include the name and address of a representative or agent in Honduras if the applicant has no domicile or establishment in the country.
Coverage Horizontal

HONDURAS

Since June 2006

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Honduras is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

HONDURAS

Since January 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Copyright and Related Rights Law (Ley del Derecho de Autor y de los Derechos Conexos)
Honduras has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 46-57 of the Copyright and Related Rights Law lists the exceptions for the lawful use of the copyrighted work by others without obtaining permission.
Coverage Horizontal

HONDURAS

Reported in 2017, last reported in 2025

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of effective protection of copyright online
Copyright is not adequately enforced online in Honduras. It is reported that, while the legislative framework for the protection of intellectual property rights, including the Honduran copyright law and its industrial property law, is generally adequate, the rules are often not effectively implemented. In particular, there are concerns about online and software piracy, as well as cable signal piracy.
Coverage Horizontal
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ITA: [{"meta_value":"0.50"}]

HONDURAS

ITA signatory? I II

HONDURAS

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Honduras is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

HONDURAS

Since June 2001

Pillar Public procurement of ICT goods and online services  |  Indicator Exclusion from public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)
According to Art. 7 of Decree No. 74-2001, all potential bidders that comply with the legal and regulatory requirements shall be able to participate in the administrative contracting procedures under equal conditions and without being subject to any restriction not derived from technical and objective specifications of the tendered object. Yet, in the application of this principle with respect to foreign bidders, the principle of reciprocity shall be observed. In addition, under Art. 42, when special technical requirements or other reasons justify the participation of foreign contractors, the works or supplies shall be procured through international competitive bidding.
Coverage Horizontal

HONDURAS

Since June 2001
Since May 2002, last amended in 2018

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)

Executive Decision No. 055-2002 - Regulation of the State Contracting Law (Acuerdo Ejecutivo No. 055-2002 - Reglamento Ley de Contratación del Estado)
Art. 53 of the State Contracting Law and Art. 128 of its Regulation stipulate that when foreign entities participate in procurement processes, Honduras applies price preferences in favour of Honduran suppliers. For goods and services, applicable tariffs or other charges are added to the price. If the goods or services are exempt from such charges, 15% is added to the price. These preferences apply to goods with at least 40% domestic content in the final price.
Coverage Horizontal

HONDURAS

Since June 2001

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 74-2001 - State Procurement Law (Decreto No. 74-2001 - Ley de Contratación del Estado)
According to Art. 149 of Decree No. 74-2001, foreign companies are required to involve national companies in the execution of projects in the country when it is in the public interest, as outlined in the contract specifications. Additionally, Arts. 150-151 state that, to facilitate technology transfer, officials overseeing bids must ensure that foreign companies or individuals provide opportunities and responsibilities to national professionals. Furthermore, consulting contracts signed by foreign companies must be executed in Honduras, allowing for the participation of national personnel, as specified in the terms of reference
Coverage Horizontal

HONDURAS

Since January 2009
Since February 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decree No. 135-2008 - Law for the Promotion and Development of Competitiveness of Micro, Small and Medium-sized Enterprises (Decreto No. 135-2008 - Ley Para el Fomento y Desarrollo de la Competitividad de la Micro, Pequeña y Mediana Empresa)

Decree No. 4-2025 - General Budget of Revenue and Expenditure of the Republic and its General Provisions for the 2025 Fiscal Year (Decreto No. 4-2025 - Presupuesto General de Ingresos y Egresos de la República y sus Disposiciones Generales Ejercicio Fiscal 2025)
According to Art. 25 of Decree No. 135-2008, the general State budget must provide for 30% MSME participation in state purchases (goods, services and works). In addition, Art. 137 of Decree No. 4-2025 mandates the Secretariat of State for Transparency and Anti-Corruption, through the Office of State Contracting and Procurement (ONCAE), to promote a public procurement regulatory framework that encourages the participation of at least 30% of enterprises owned by women and by excluded groups, including MSMEs, social economy enterprises and organisations representing persons with disabilities.
Coverage Horizontal

HONDURAS

Reported in 2022, last reported in 2025

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Complaints about bidding procedures
It has been reported that winning contracts with the Honduran government can be challenging, even for large companies. Some foreign firms have complained of mismanagement, bureaucratic delays, inadequate notification procedures, excessive government direct contracting, and a lack of transparency in the bidding process.
Coverage Horizontal

HONDURAS

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Honduras is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

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