HONG KONG
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Hong Kong 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
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HONG KONG
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0%
Coverage rate of zero-tariffs on ICT goods (%)
100%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- 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
HONDURAS
N/A
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Honduras does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
HONDURAS
Since April 2008
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Decree No. 24-2008 - Consumer Protection Law (Decreto No. 24-2008 - Ley de Protección al Consumidor)
Honduras does not have consumer protection legislation specific to online commerce. However, the Consumer Protection Law protects consumers in transactions in the national territory. According to Art. 2 of the law, the provisions established are applicable to all consumer relations that are contracted or provided in the national territory by natural or legal, public or private persons.
Coverage Horizontal
HONDURAS
Since January 2008, entry into force in June 2010
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Honduras has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HONDURAS
Since 2015
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Honduras has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
HONDURAS
Since 2013
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Honduras has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
HONDURAS
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Honduras's law and jurisprudence. Despite the country having committed under Art. 15.11.27 of the Central America-Dominican Republic-United States FTA to implement a safe harbour for intermediaries for copyright infringing content, no regulation has been put in place that implements this commitment.
Coverage Internet intermediaries
HONDURAS
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Honduras law and jurisprudence.
Coverage Internet intermediaries
HONDURAS
N/A
Pillar Intermediary liability |
Indicator User identity requirement
User identity requirement
According to the National Telecommunication Commission of Honduras (CONATEL), users should provide a document of identity for providers of Internet services or computer network access.
Coverage Telecommunications sector
HONDURAS
Since February 2012
Pillar Intermediary liability |
Indicator User identity requirement
Normative Resolution No. 002/12 (Resolución No. NR002/12)
According to the Normative Resolution No. 001/12, operators of telephone service shall collect data, including the name of the SIM card buyer and ID number for the Hondurans and passport or residence card number for foreigners.
Coverage Telecommunications sector
HONDURAS
Since May 2011
Pillar Intermediary liability |
Indicator Monitoring requirement
Normative Resolution No. 004/11 - Regulations on Internet Service or Access To Networks (Resolución Normativa No. NR004/11 - Reglamento de Servicio de Internet o Acceso a Redes Informáticas)
According to Art. 22 of Normative Resolution 004/11 (NR004/11), Internet Service Providers (ISPs) are required to implement a security system designed to prevent, monitor, and detect illegal activities that may be carried out by users. If such activities are detected, service operators must notify the competent authority in writing and offer full cooperation during the investigative process.
Coverage Internet intermediaries
HONDURAS
Since December 2002
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
General Regulation of the Framework Law for the Telecommunications Sector (Reglamento General de la Ley Marco del Sector de Telecomunicaciones)
Wireless products and equipment that connect to the public switched telephone network (PSTN), along with other Radio Frequency equipment, require type approval and certification in Honduras. There is no in-country testing required and existing international test reports are accepted for the homologation process to obtain the CONATEL approval. Technical documents are reviewed and validated in the approval process. Homologation can also be done through an international entity (Title V, arts. 213-220 B of the General Regulation to the Telecommunications Law). Products requiring CONATEL (Comisión Nacional de Telecomunicaciones) approval include PBX; routers, modems, and gateways; RFID and Bluetooth modules; and cell phones.
Coverage PBX; routers, modems, and gateways; RFID and Bluetooth modules; cell phones
Sources
- https://web.archive.org/web/20241010041714/https://honduras.eregulations.org/media/CONATEL%20NR011-15.pdf
- https://web.archive.org/web/20221219163139/https://www.itu.int/en/ITU-D/Regional-Presence/Americas/Documents/EVENTS/2015/1110-NI-C-I/CI%20Assessment%20Report_COMTELCA-SP.pdf
- https://web.archive.org/web/20240928184201/https://www.trade.gov/country-commercial-guides/honduras-standards-trade
- https://web.archive.org/web/20221219162735/https://www.itu.int/en/ITU-D/Technology/Documents/Events2016/CI_Training_AMS_Campinas_June16/Presentations/Part1/08_6%20Honduras.pdf
- https://web.archive.org/web/20230201063745/https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
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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 under the Law of Transparency and Access to Public Information (Decree No. 170 – 2006), which introduced some accountability for those public entities who mishandled confidential personal data. In addition, the General Regulations of the Framework Law for the Telecommunications Sector defines seizing, using or modifying the reserved data of a private nature as very serious offences that are 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
Sources
- https://web.archive.org/web/20230209190923/https://www.tsc.gob.hn/web/leyes/Ley_de_Transparencia.pdf
- https://web.archive.org/web/20220314152838/https://www.dataguidance.com/notes/honduras-data-protection-overview
- https://web.archive.org/web/20221209062302/https://cei.iaip.gob.hn/doc/Anteproyecto%20de%20Ley%20de%20Proteccion%20de%20Datos%20Personales%20y%20Accion%20de%20Habeas%20Data%20de%20Honduras%20%20Final%...
- https://web.archive.org/web/20230131121731/https://www.tsc.gob.hn/web/leyes/Decreto_130-2017.pdf
- https://web.archive.org/web/20230201063745/https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
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HONDURAS
Since May 2011
Pillar Domestic data policies |
Indicator Minimum period for data retention
Regulation of Internet Service or Access to Computer Networks (Reglamento del Servicio de Internet o Acceso a Redes Informáticas)
According to Art. 20 of the Regulation of Internet Service or Access to Computer Networks, operators of Internet services or providing access to computer networks should conserve IP addresses for at least one year to serve as a source for judicial investigation.
Coverage Operators of Internet services
