FINLAND
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 there is no requirement for functional separation for operators with significant market power in the telecom market. However, accounting separation is required in certain cases.
Coverage Telecommunications sector
FINLAND
Since August 2006, last amended in December 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Limited Liabilities Company Act (Osakeyhtiölaki)
The Limited Liabilities Company Act states that at least one of the members of the Board of Directors must be a resident of the European Economic Area (EEA) unless an exemption is granted by the regulatory authority. Furthermore, the managing director must also be a resident of the EEA.
Coverage Horizontal
FINLAND
Since June 2012, as amended in October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Act on the Screening of Foreign Corporate Acquisitions (Laki ulkomaalaisten yritysostojen seurannasta annetun lain muuttamisesta)
The Act on the Screening of Foreign Corporate Acquisitions grants the Finnish Ministry of Economic Affairs and Employment (TEM) the authority to screen foreign investments. According to Art. 3 of the Act, if the TEM believes that an FDI might conflict with a key national interest, the Ministry may refer the matter of confirmation or denial to a government plenary session for consideration. As defined in Art. 2, as amended in 2020, key national interest includes securing military, and national defence, functions vital to society, national security and foreign and security policy objectives, and safeguarding public order and security in accordance with Arts. 52 and 65 of the Treaty on the Functioning of the European Union, if there is a genuine and sufficiently serious threat to a fundamental interest of society.
Coverage Horizontal
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/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://web.archive.org/web/20220119011048/https://tem.fi/en/-/amendments-to-the-act-on-the-screening-of-foreign-corporate-acquisitions-ministry-of-economic-affairs-and-employment-to-become-a-national...
- https://web.archive.org/web/20221203222740/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3637/finland-amends-its-fdi-screening-regime
- https://web.archive.org/web/20230925022813/https://www.state.gov/reports/2020-investment-climate-statements/finland/
- Show more...
FINLAND
Since October 1980
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Finland is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
FINLAND
Since May 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Finnish Copyright Act (Tekijänoikeuslaki)
Finnish Copyright Act (Tekijänoikeuslaki)
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.
The Finnish Copyright Act implements the Directive, with Chapter 2 of the Act enumerating the limitations on copyright protections.
The Finnish Copyright Act implements the Directive, with Chapter 2 of the Act enumerating the limitations on copyright protections.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231216132622/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20210319175637/https://www.finlex.fi/en/laki/kaannokset/1961/en19610404.pdf
- https://web.archive.org/web/20231221043455/https://valtioneuvosto.fi/en/-//1410845/amendments-to-the-copyright-act-in-circulation-for-comments-
- Show more...
FINLAND
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The European Union and Finland have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
FINLAND
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The European Union and Finland have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was ratified on 14 December 2009 and came into effect on 14 March 2010.
Coverage Horizontal
FINLAND
Since June 2016
Since August 2018
Since August 2018
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)
Trade Secrets Act (595/2018) (Lag om företagshemligheter)
Trade Secrets Act (595/2018) (Lag om företagshemligheter)
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. Finland transposed the Directive through a series of amendments to existing legislation in 2018, as well as with the Trade Secrets Act (595/2018) of 2018.
Coverage Horizontal
FINLAND
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)
0.69%
Coverage rate of zero-tariffs on ICT goods (%)
81.25%
Coverage: Digital goods
FINLAND
Since March 2004, last amended in February 2014
Since December 2016
Since December 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)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
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 Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
In Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
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/20231208014548/https://www.finlex.fi/fi/laki/ajantasa/2016/20161398
- 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
- Show more...
FINLAND
Since June 2012, amended in October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Act on the Monitoring of Foreign Corporate Acquisitions (Laki ulkomaalaisten yritysostojen seurannasta)
According to the Act on Supervision of Acquisitions of Foreign Companies, there are no prohibitions or restrictions on foreign ownership in the country.
Coverage Horizontal
DENMARK
Reported in 2011, last reported in 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Accessibility of Dankort as payment method
Dankort (often in combination with Visa) is the most popular debit card and payment method in Denmark. Approximately 80% of the population owns and uses Dankort. There is an obligation to provide a Danish registration number (CVR) in order to be able to offer Dankort as an (online) payment method. Foreign companies supplying services or products in Denmark must be registered with the Danish Business Authority and will thus have a CVR. Foreign companies that do not have establishments in Denmark and pay VAT on goods and services in Denmark are also required to register.
Coverage Online payments
Sources
- https://web.archive.org/web/20220119190545/https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2016-och-aldre/publ-online-trade-offline-rules.pdf
- https://web.archive.org/web/20231130151717/https://www.about-payments.com/knowledge-base/method/dankort
- https://web.archive.org/web/20241213154633/https://dankort.dk/en-GB/support-erhverv
- https://web.archive.org/web/20211027192940/https://businessindenmark.virk.dk/myndigheder/stat/ERST/selvbetjening/Registration_of_Non-Danish_Company__Start_-_40112/
- Show more...
DENMARK
Since June 2014
Since July 2017
Since July 2017
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act on Marketing Practices (Act No. 426 of May 3, 2017) (LOV nr 426 af 03/05/2017 - Lov om markedsføring)
Act on Marketing Practices (Act No. 426 of May 3, 2017) (LOV nr 426 af 03/05/2017 - Lov om markedsføring)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act on Marketing Practices.
Coverage Horizontal
DENMARK
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
Denmark has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal