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HONDURAS

Since September 2005

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Honduras has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

HONDURAS

Since December 1995, last amended in February 2014

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Decree No. 185-95 - Framework Law for the Telecommunications Sector (Decreto No. 185-95 - Ley Marco del Sector de Telecomunicaciones)
According to the Framework Law of the Telecommunications Sector, the National Telecommunication Commission (CONATEL), 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

HONDURAS

Since December 2016, entry into force in January 2017, last amended in December 2021

Pillar Cross-border data policies  |  Indicator Local storage requirement
Decree No. 170-2016 - Tax Code (Decreto No. 170-2016 - Código Tributario)
According to Art. 63.3 of the Tax Code, taxpayers or the persons responsible for tax must conserve accounting books and special records, documents and other records of the taxable activity, electronic files, programs, sub programs and other records processed by electronic or computer systems, in an orderly manner and keep them in their fiscal domicile at the immediate disposal of the Finance Office's State Secretariat ('SEFIN'), the Customs Tax Superintendency, the Tax Administration or the Customs Administration, when requested or when duly accredited public servants show up at their fiscal domicile in order to request documentation or tax information. This information must be kept for a period of five years by taxpayers registered with the National Tax Registry and for a period of seven years in other cases. In addition, Art. 64.3 states that taxpayers must keep their accounting records at their fiscal domicile without prejudice to having contracted accounting services within the country.
Coverage Horizontal

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), 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 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

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

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 2018, last reported in 2024

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, which includes the Honduran copyright law and its industrial property law, is generally adequate, the laws are often not effectively implemented. In particular, there are concerns with respect to online and software piracy, as well as cable signal piracy.
Coverage Horizontal

HONDURAS

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

HONDURAS

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonogram Treaty
Honduras has ratified the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty.
Coverage Horizontal

HONDURAS

Since January 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
According to the Art. 78 of Decree No. 12-99, industrial secrets are protected against disclosure. However, disclosure may be required by the state authority when necessary to protect the public, but they must ensure that the data or information is protected against unfair commercial use by third parties.
Coverage Horizontal

HONDURAS

Since Since May 2019, last amended in 2021
Since January 2000

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Decree No. 130-2017 - Criminal Code (Decreto No. 130-2017 - Código Penal)

Decree No. 12-99 - Industrial Property Law (Decreto No. 12-99 - Ley de Propiedad Industrial)
Decree No. 130-2017 and Decree No.12-99 provide a framework for effective protection of trade secrets. According to the Art. 395 of Decree No. 130-2017, prison and penalty fees should be sentenced to those who obtain commercial secrets illegally. In addition, according to the Art. 75, 163 and 165 of Decree No. 12-99, the legitimate holder of an industrial secret has the right to take action to prevent secrets from infringement.
Coverage Horizontal

HONDURAS

Since December 1995, last amended in February 2014
Since December 2002
Since December 2022

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Decree No. 185-95 - Framework Law for the Telecommunications Sector (Decreto No. 185-95 - Ley Marco del Sector de Telecomunicaciones)

General Regulation of the Framework Law for the Telecommunications Sector (Reglamento General de la Ley Marco del Sector de Telecomunicaciones)

Resolution No. NR006/22 - Network Access and Network Sharing Regulation (Resolución No. NR006/22 - Reglamento de Acceso y Uso Compartido de Redes)
Art. 13.9 of the Framework Law for the Telecommunications Sector requires telecommunications sector operators and telecommunications network providers to provide access, on equal terms, to other operators and users in the same or similar circumstances. Furthermore, Art. 186 of the General Regulation of the Framework Law for the Telecommunications Sector establishes the obligation to grant access to both passive and active infrastructure. The Network Access and Network Sharing Regulation, enacted in 2022, was designed to enforce the aforementioned provisions.
Coverage Telecommunications sector

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. 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. However, as provided in 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

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