Database

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CROATIA

Since April 2016
Since May 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16) (O Načinu I Uvjetima Pristupa I Zajedničkog Korištenja Elektroničke Komunikacijske Infrastrukture I Druge Povezane Opreme)

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
According to the Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16), passive sharing is mandated and is effective in both the mobile and fixed sectors.
In addition, Art. 3[2] of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

CROATIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom sector
The Croatian government owns 2.9% of the shares of Hrvatski Telekom. It is reported that in December 2015, following the public auction, CERP sold 500,000 of its shares in the Company (0.6% of HT d.d. share capital) via the Zagreb Stock Exchange trading system. Following this sale of shares, CERP reduced its holding from 3.5% to 2.9%.
Coverage Telecommunications sector

CROATIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Croatia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

CROATIA

Since February 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act (OG No. 16/2020) (Zakon o patentu NN 16/2020)
Art. 17 of the Patent Act establishes that foreign companies must act through a representative in order to register a patent with the Croatian Intellectual Property Office. In addition, a translation of the patent shall be provided in Croatian at least two months after filing.
Coverage Horizontal

CROATIA

Since March 2004, last amended in February 2014
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)

Public Procurement Act NN 120-16 (Zakon o javnoj nabavi NN 120-16)
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 Croatia, the Directive has been transposed with the Public Procurement Act NN 120-16.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

CROATIA

Reported in 2021, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the extensive use of state-owned companies limits the impact of ongoing procurement reforms to promote competition for public funds and increases the risk of conflicts of interest. Moreover, despite major progress in increasing transparency, corruption remains a significant concern, considering that, for instance, some stakeholders report the existence of discriminatory technical specifications in public procurement tenders.
Coverage Horizontal

CROATIA

Since 2003, last amendment in 2013

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Foreign Exchange Act (Zakon o deviznom poslovanju)
Croatian law prohibits any discrimination between investments on the basis of nationality. Foreign investment rules follow a reciprocity principle.
Coverage Horizontal
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ITA: [{"meta_value":"EU"}]

CROATIA

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)
1.22%
Coverage rate of zero-tariffs on ICT goods (%)
79.2%
Coverage: Digital goods

BELGIUM

Since June 2014
Since February 2013, last amended in April 2022

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Code of Economic Law (Code de Droit Economique)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Chapters VI.-XII on Market Practices and Consumer Protection of the Code of Economic Law.
Coverage Horizontal

BELGIUM

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
Belgium has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BELGIUM

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

BELGIUM

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Belgium has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

BELGIUM

Since July 2000
Since 2013

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (e-Commerce Directive)

Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law (Livre XII, Droit de l'Économie Électronique, dans le Code de Droit Économique)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Book XII of the Belgian Code of Economic Law transposes the Directive 2000/31/EC. Chapter 6, "Liability of intermediary service providers", of the Belgian Code of Economic Law includes specific provisions related to a safe harbour for information service providers providing mere conduit, caching and/or hosting activities.
The Belgian Code of Economic Law does not require service providers to remove illegal content as long as they are unaware of its illegal nature. As soon as the provider is aware of the illegal content, there is an obligation to remove the content. Internet intermediaries are thus passive in their responsibility and liability for the content on their platforms.
Coverage Internet intermediaries

BELGIUM

Since July 2000
Since 2013

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (e-Commerce Directive)

Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law (Livre XII, Droit de l'Économie Électronique, dans le Code de Droit Économique)
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbour. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
Book XII of the Belgian Code of Economic Law transposes the Directive 2000/31/EC. Chapter 6, "Liability of intermediary service providers", of the Belgian Code of Economic Law includes specific provisions related to a safe harbour for information service providers providing mere conduit, caching and/or hosting activities.
The Belgian Code of Economic Law does not require service providers to remove illegal content as long as they are unaware of its illegal nature. As soon as the provider is aware of the illegal content, there is an obligation to remove the content. Internet intermediaries are thus passive in their responsibility and liability for the content on their platforms.
Coverage Internet intermediaries

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