EUROPEAN UNION
Since July 2022
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC
The Digital Services Act (DSA) envisages research access to data under confidentiality obligations, as well as access to algorithms and explanations by regulators. It is reported that certain requirements in the DSA create uncertainty in relation to trade secret protection, as very large online platforms can be under an obligation to open access to their (confidential) data. Art. 25 defines very large online platforms as those platforms that reach an average monthly active recipient of the service in the Union equal to or higher than 45 million.
Art. 31 of the DSA provides a framework for compelling access to data from very large online platforms to competent national authorities (“Digital Services Coordinators”) to monitor and assess compliance with the Regulation. The Digital Services Coordinator may also request large online platforms to provide access to data to vetted researchers for researching and identifying systemic risks as set out in Art. 26(1). Such a requirement may include, for example, data on the accuracy, functioning and testing of algorithmic systems for content moderation. All requirements for access to data under the framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information.
Moreover, according to Art. 31(6), a platform may apply to amend the data request if it will lead to “significant vulnerabilities for the protection of confidential information.”
Art. 31 of the DSA provides a framework for compelling access to data from very large online platforms to competent national authorities (“Digital Services Coordinators”) to monitor and assess compliance with the Regulation. The Digital Services Coordinator may also request large online platforms to provide access to data to vetted researchers for researching and identifying systemic risks as set out in Art. 26(1). Such a requirement may include, for example, data on the accuracy, functioning and testing of algorithmic systems for content moderation. All requirements for access to data under the framework should be proportionate and appropriately protect the rights and legitimate interests, including trade secrets and other confidential information.
Moreover, according to Art. 31(6), a platform may apply to amend the data request if it will lead to “significant vulnerabilities for the protection of confidential information.”
Coverage "Very large online platforms"
Sources
- https://web.archive.org/web/20240711213355/https://eur-lex.europa.eu/legal-content/en/TXT/?uri=COM%3A2020%3A825%3AFIN
- https://web.archive.org/web/20240517151455/https://www.europarl.europa.eu/doceo/document/TA-9-2022-0269_EN.html#title2
- https://web.archive.org/web/20231001231906/https://technologyquotient.freshfields.com/post/102hsbv/the-digital-services-act-and-its-impact-on-the-ip-and-trade-secrets-landscape
- Show more...
EUROPEAN UNION
Since 1997
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
The EU has attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=253942,31391,10335,2244,15832,33570,37471,26509&CurrentCatalogueIdIndex=3&FullTextHash=&HasEnglishRecord=True&H...
- https://web.archive.org/web/20211105181726/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.L_.2018.321.01.0036.01.ENG
EUROPEAN UNION
Since April 2016, entry into force in May 2018
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
General Data Protection Regulation (Regulation 2016/679)
The EU's General Data Protection Regulation (GDPR) considerably expands the scope of EU privacy rules. In addition to companies established in the EU, the Regulation applies extraterritorially to companies offering goods or services to data subjects in the EU and companies that monitor the behaviour of EU citizens (Art. 3).
The Regulation mandates that data is allowed to flow freely outside the European Economic Area (EEA) only in certain circumstances listed in Chapter 5 of the Regulation. The main conditions for such a transfer are the following: the recipient jurisdiction has an adequate level of data protection; the controller ensures adequate safeguards (for instance, by using model contract clauses, binding corporate rules or other contractual arrangements); the data subject has given his/her consent explicitly; or, the transfer is necessary for the performance of a contract between the data subject and the controller.
The GDPR allows for data transfers to countries whose legal regime is deemed by the European Commission to provide for an “adequate” level of personal data protection. The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom, and Uruguay as providing adequate protection. In addition, the EU-US Data Privacy Framework has acted as a self-certification system open to certain US companies for data protection compliance since July 2023.
The Regulation mandates that data is allowed to flow freely outside the European Economic Area (EEA) only in certain circumstances listed in Chapter 5 of the Regulation. The main conditions for such a transfer are the following: the recipient jurisdiction has an adequate level of data protection; the controller ensures adequate safeguards (for instance, by using model contract clauses, binding corporate rules or other contractual arrangements); the data subject has given his/her consent explicitly; or, the transfer is necessary for the performance of a contract between the data subject and the controller.
The GDPR allows for data transfers to countries whose legal regime is deemed by the European Commission to provide for an “adequate” level of personal data protection. The European Commission has so far recognised Andorra, Argentina, Canada (commercial organisations), Faroe Islands, Guernsey, Israel, Isle of Man, Japan, Jersey, New Zealand, Republic of Korea, Switzerland, the United Kingdom, and Uruguay as providing adequate protection. In addition, the EU-US Data Privacy Framework has acted as a self-certification system open to certain US companies for data protection compliance since July 2023.
Coverage Horizontal
EUROPEAN UNION
Since May 2015, last amended January 2022, until January 2027
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Commission Implementing Regulation (EU) 2015/1953
Commission Implementing Regulation (EU) 2022/58
Commission Implementing Regulation (EU) 2022/58
In January 2022, the European Commission imposed a minimum import price and anti-dumping duties on flat-rolled products of grain-oriented silicon magnetic steel, which is an important material in the production of energy-efficient transformers and large high-performance generators. The measures apply to imports from China, Japan, the Republic of Korea, the Russian Federation, and the United States of America. This is a continuation of measures first introduced in May 2015 by Implementing Regulation (EU) 2015/1953. The minimum import prices (MIPs) currently in force range between 1,536 EUR/tonne to 2,043 EUR/tonne. They apply to the individually named exporting producers for which individual dumping margins were established from all the countries concerned. If the CIF Union border price is equal to or above the MIP, no duty is payable. Only if import prices are below this level are anti-dumping duties imposed, set at the difference between the import price and the minimum import price, up to a maximum ranging from 21.5% to 39% of the import price. The system of minimum import prices and anti-dumping duties was introduced in 2015, while the level of duties was adjusted in 2022.
Coverage Product: Grain-oriented flat-rolled products of silicon-electrical steel (GOES) (CN codes ex: 7225 11 00 and 7226 11 00)
Countries: China, Japan, the Republic of Korea, the Russian Federation, and the United States
Countries: China, Japan, the Republic of Korea, the Russian Federation, and the United States
Sources
- https://web.archive.org/web/20220329012507/https://trade.ec.europa.eu/doclib/press/index.cfm?id=2352
- https://web.archive.org/web/20240329082100/https://tron.trade.ec.europa.eu/investigations/ongoing
- https://web.archive.org/web/20221013111320/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0058&from=EN
- Show more...
EUROPEAN UNION
Since July 1990, last extended in August 2022, until August 2027
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In July 1990, the European Commission imposed a definitive anti-dumping duty on imports of silicon metal (HS Code: 280469) from China, which is also used in the production of silicon compounds and silicon wafers for electronic semiconductors. This measure was first extended to imports from the Republic of Korea, regardless of their declared origin, under Council Regulation (EC) No 42/2007. In 2013, it was further extended to imports from Taiwan, again irrespective of their declared origin, by Council Implementing Regulation (EU) No 311/2013. This measure was last extended in August 2022. The rate of duty is 16.8% of the net free-at-Union-frontier price, with the exception of the company Datong Jinneng Industrial Silicon Co., whose exports are subject to a duty of 16.3% of the net free-at-Union-frontier price.
Coverage Product: Silicon metal (HS: 2804 69 00)
Countries: China, Korea, Taiwan
Countries: China, Korea, Taiwan
Sources
- https://web.archive.org/web/20240329082100/https://tron.trade.ec.europa.eu/investigations/ongoing
- http://i-tip.wto.org/goods/Forms/TableViewDetails.aspx?mode=modify
- https://web.archive.org/web/20241129212836/https://www.globaltradealert.org/intervention/16646/anti-dumping/eu-extension-of-antidumping-duty-on-imports-of-silicon-and-from-china-and-south-korea-from-c...
- https://web.archive.org/web/20240617083823/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32022R1394
- Show more...
EUROPEAN UNION
Since June 2022
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Regulation (EU) 2022/1031 on the access of third-country economic operators, goods and services to the Union’s public procurement and concession markets (International Procurement Instrument – IPI)
The International Procurement Instrument (IPI) introduces measures limiting the access to open EU public procurement tenders of non-EU companies from countries that do not offer similar access to EU companies. The measures apply to tenders worth at least 15 million Euros for works and concessions and 5 million Euros for goods and services, such as the purchasing of computers.
Pursuant to Art. 5, the IPI enables the Commission to investigate third-country measures or practices adopted or maintained by public authorities or individual contracting authorities, which result in a serious and recurrent impairment of access of Union economic operators, goods or services to the public procurement or concession markets of that third country. When the Commission finds that a third-country measure or practice exists, it may adopt an IPI measure that requires contracting authorities or contracting entities to impose a score adjustment on tenders submitted by economic operators originating in that third country or exclude tenders submitted by economic operators originating in that third country.
The Regulation is yet to be implemented by EU Member States. Typically, the implementation by Member States takes 18–24 months on average after adoption.
Pursuant to Art. 5, the IPI enables the Commission to investigate third-country measures or practices adopted or maintained by public authorities or individual contracting authorities, which result in a serious and recurrent impairment of access of Union economic operators, goods or services to the public procurement or concession markets of that third country. When the Commission finds that a third-country measure or practice exists, it may adopt an IPI measure that requires contracting authorities or contracting entities to impose a score adjustment on tenders submitted by economic operators originating in that third country or exclude tenders submitted by economic operators originating in that third country.
The Regulation is yet to be implemented by EU Member States. Typically, the implementation by Member States takes 18–24 months on average after adoption.
Coverage Goods and services including, ICT products
Sources
EUROPEAN UNION
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of coverage of CPC 754 in the WTO Government Procurement Agreement (GPA)
Although the European Union is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754), which is an important sector for digital trade.
Coverage Telecommunications-related services
EUROPEAN UNION
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
The European Union is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
- Show more...
EUROPEAN UNION
Since November 2021, amended in January 2022, until November 2026
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Commission Implementing Regulation (EU) 2021/2011
In November 2021, The European Commission imposed a definitive anti-dumping duty under the Implementing Regulation (EU) 2021/2011 on imports of optical fibre cables (CN code ex: 8544 70 00) from China. The original duty of 44% was amended in January 2022 by the Implementing Regulation (EU) 2022/72, establishing a duty on imports of 33.7%, applicable until November 2026.
Coverage Product: Single-mode optical fibre cable (CN code ex: 8544 70 00)
Country: China
Country: China
Sources
- https://web.archive.org/web/20211120033143/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32021R2011&from=EN
- https://web.archive.org/web/20221013084253/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32022R0072&from=EN
- https://web.archive.org/web/20240329082100/https://tron.trade.ec.europa.eu/investigations/ongoing
- Show more...
EUROPEAN UNION
Since January 2022, until January 2027
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Antidumping, countervailing duties, and safeguard measures on ICT goods
Commission Implementing Regulation (EU) 2022/72
In January 2022, the European Commission imposed a countervailing duty under the Implementing Regulation (EU) 2022/72 for imports of optical fibre cables (CN code ex: 8544 70 00) from China. The rate of duty on imports from China is 10.3%, applicable until January 2027.
Coverage Product: Single-mode optical fibre cable (CN code ex: 8544 70 00)
Country: China
Country: China
ETHIOPIA
Since April 2021
Since August 2016, last amended in August 2019
Since August 2016, last amended in August 2019
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Commercial Code No. 1243/2021 (1243/2013 የኢትዮጵያ ፌደራላዊ ዲሞክራሲያዊ ሪፐብሊክ የንግድ ሕግ )
Commercial Registration and Licensing Proclamation No. 980/2016 (የንግድ ምዝገባና ፍቃድ አዋጅ ቁጥር ፱፻፹/፪ሺ፰)
Commercial Registration and Licensing Proclamation No. 980/2016 (የንግድ ምዝገባና ፍቃድ አዋጅ ቁጥር ፱፻፹/፪ሺ፰)
According to Art. 82.1 of the Commercial Code No. 1243/2021 and Art. 22.1 of the Commercial Registration & Licensing Proclamation No. 980/2016, any Ethiopian or foreign person or company carrying out commercial activities within Ethiopia shall be registered and then licensed in the country. In addition, according to Art. 40 of the Commercial Registration and Licensing Proclamation No. 980/2016, any foreign chamber of commerce may open its branch office in Ethiopia upon presenting a certificate of legal personality issued in the country of registration, memorandum, and article of association submitted there and their detailed activities in Ethiopia and upon approval getting registered with the Ministry. However, foreign investors who invest in Ethiopia and from an association, that association shall be registered by the authority that is legally established to administer investment at the federal level.
Coverage Horizontal
Sources
- https://www.hopr.gov.et/web/guest/laws1/-/document_library/jjvg/view_file/238296?_com_liferay_document_library_web_portlet_DLPortlet_INSTANCE_jjvg_redirect=http%3A%2F%2Fwww.hopr.gov.et%2Fweb%2Fguest%2...
- https://web.archive.org/web/20201001045100/https://chilot.me/wp-content/uploads/2017/04/proclamation-no-980_2016-commercial-registration-and-licensing.pdf
- https://web.archive.org/web/20241205182107/https://chilot.wordpress.com/wp-content/uploads/2017/11/392_2016-commercial-registration-and-licensing-council-of-ministers.pdf
- https://web.archive.org/web/20240906135304/https://faolex.fao.org/docs/pdf/eth212017.pdf
- Show more...
ETHIOPIA
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
Ethiopia lacks a comprehesive framework for consumer protection that applies to online transactions.
Coverage Horizontal
Sources
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=et
- https://web.archive.org/web/20230922122656/https://www.capitalethiopia.com/2023/06/05/unlocking-digital-ethiopia-experts-converge-on-consumer-protection-views/
- https://web.archive.org/web/20230529210132/https://www.tralac.org/images/docs/6961/ethiopia-proclomation-on-trade-competition-and-consumer-protection-2013.pdf
- Show more...
ETHIOPIA
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
Ethiopia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal