BELGIUM
Since January 1993
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Belgian Institute for Postal Services and Telecommunications, 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
BELGIUM
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)
0.82%
Coverage rate of zero-tariffs on ICT goods (%)
81.61%
Coverage: Digital goods
BELGIUM
Since March 2004, last amended in February 2014
Since June 2016, last amended in April 2019
Since June 2016, last amended in April 2019
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 (Loi relative aux Marchés Publics - 17 Juin 2016)
Public Procurement Act (Loi relative aux Marchés Publics - 17 Juin 2016)
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.
The Public Procurement Act transposes the Utilities Directive into law. Where two or more bids are equivalent under the award criteria of Art. 81, preference is given to those bids that do not contain more than 50% of products from third countries (Art. 61). However, tenders with at least 50% of products from third countries are allowed when competing tenders require equipment with technical characteristics that differ from those of the contracting public authority and which could result in incompatibility or disproportionate costs.
The Public Procurement Act transposes the Utilities Directive into law. Where two or more bids are equivalent under the award criteria of Art. 81, preference is given to those bids that do not contain more than 50% of products from third countries (Art. 61). However, tenders with at least 50% of products from third countries are allowed when competing tenders require equipment with technical characteristics that differ from those of the contracting public authority and which could result in incompatibility or disproportionate costs.
Coverage Selected products including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20230123140026/https://www.publicprocurement.be/sites/default/files/documents/2016_06_17_loi_marches_publics_wet_overheidsopdrachten_v_2019_0.pdf
- https://web.archive.org/web/20220318192635/https://www.oecd.org/trade/topics/services-trade/documents/oecd-stri-country-note-bel.pdf
- https://web.archive.org/web/20241205192356/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32014L0025&qid=1665312317528
- 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
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BELGIUM
Reported in 2020, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Open environment for foreign investment
The regulatory environment does not impose control limits on foreign companies. The country does not have a specific investment law, however investment is regulated within the framework of the Belgian Companies and Associations Code (the "BCCA"), enacted by the Belgian parliament in February 2019.
Coverage Horizontal
BELGIUM
Since June 2022, entry into force in July 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Cooperation Agreement
In November 2022, the Belgian federal and regional governments formalised a cooperation agreement to establish a screening mechanism for foreign direct investment (FDI), which was implemented in July 2023. Subsequently, in May 2023, the Federal Public Service of Economy released draft guidelines to elucidate the scope and procedural framework of this FDI screening mechanism in Belgium. According to these guidelines, the regime is applicable to FDI, which may affect national security, public order, or the strategic interests of Belgium and its federated entities. Under this mandatory regime, strategic non-EU investors are required to notify and obtain prior approval for FDI projects, with the potential for ex officio assessments up to two years post-transaction. The regime encompasses various types of investments, including transactions that result in the acquisition of at least 25% of voting rights in a Belgian target company engaged in critical infrastructures, digital infrastructures, media, data processing or storage, as well as investments in technologies and raw materials essential for strategic sectors such as AI, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies, and nanotechnologies.
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/20240309184003/https://economie.fgov.be/sites/default/files/Files/Commercial-policy/sceening-samenwerkingsakkoord-filtrage-accord-cooperation.pdf
- https://web.archive.org/web/20240421175934/https://www.jdsupra.com/legalnews/belgian-fdi-regime-enters-into-force-on-4063482/?origin=CEG&utm_source=CEG&utm_medium=email&utm_campaign=CustomEmailDigest&...
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20240913092358/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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BELGIUM
Since March 1991, last amended in 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Cabinet Decision Amending the Law of 21 March 1991 on the Reform of Certain Public Economic Enterprises (Loi Modifiant la Loi du 21 Mars 1991 Portant Réforme de Certaines Entreprises Publiques Économiques Afin d'Adapter le Cadre Réglementaire aux Obligations en Matière de Libre Concurrence et d'Harmonisation sur le Marché des Télécommunications Découlant des Décisions de l'Union Européenne)
The Cabinet Decision Amending the Law of 21 March 1991 on the Reform of Certain Public Economic Enterprises made it possible for private investors to invest in telecom provider Proximus to the extent that the government's stake could fall below 50%+1 share with a resolution approved by the Council of Ministers. This is also explicitly mentioned in Art. 54/6 of the Law of 21 March 1991 on the reform of certain public economic enterprises. Although private, including foreign, investment in Proximus is possible, the government screens the investment guided by the strategic importance of a stake in the company concerned, the need for Belgian anchoring, the essential contribution that the company can make to the pursuit of sustainable economic growth, its social usefulness and its impact on employment.
Coverage Proximus
Sources
- https://web.archive.org/web/20240620171853/https://corporategovernancecommittee.be/assets/pagedoc/303545974-1651641621_1651641621-wet-16-december-2015.pdf
- https://web.archive.org/web/20230307043620/https://www.proximus-cdn.com/dam/jcr:4a02d7e6-e606-4014-b79b-8e56375a164b/11-Bylaws-Proximus-with-proposed-changes_en.pdf
- https://web.archive.org/web/20241205191337/https://www.eubelius.com/en/news/proximus-and-bpost-one-step-closer-to-privatisation
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AUSTRIA
Since June 2014
Since May 2014, last amended in July 2022
Since May 2014, last amended in July 2022
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law) (Bundesgesetz vom 8. März 1979, mit dem Bestimmungen zum Schutz der Verbraucher getroffen werden (Konsumentenschutzgesetz – KSchG))
Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law) (Bundesgesetz vom 8. März 1979, mit dem Bestimmungen zum Schutz der Verbraucher getroffen werden (Konsumentenschutzgesetz – KSchG))
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Federal Act of 8 March 1979, Establishing Provisions for the Protection of Consumers (Consumer Protection Law).
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20240509213927/https://ris.bka.gv.at/Dokumente/Erv/ERV_1979_140/ERV_1979_140.pdf
- https://web.archive.org/web/20231021111534/https://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2014_I_33/BGBLA_2014_I_33.pdfsig
- https://web.archive.org/web/20211123223342/https://www.ris.bka.gv.at/Dokumente/Erv/ERV_1979_140/ERV_1979_140.pdf
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AUSTRIA
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
Austria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
AUSTRIA
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
Austria 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
AUSTRIA
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
Austria 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
AUSTRIA
Since July 2000
Since 2001, last amended in 2020
Since 2001, last amended in 2020
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
E-Commerce Act (E-Commerce-Gesetz)
E-Commerce Act (E-Commerce-Gesetz)
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.
Safe harbours for intermediaries of the e-Commerce Directive are incorporated into Austrian national law by the e-Commerce Act. Section V of the legislation provides for an exclusion from the liability regime, under certain circumstances, for:
- Mere access providers (Section 13).
- Search engine services (Section 14).
- Caching providers (Section 15).
- Hosting providers (Section 16).
- Link providers (Section 17).
Safe harbours for intermediaries of the e-Commerce Directive are incorporated into Austrian national law by the e-Commerce Act. Section V of the legislation provides for an exclusion from the liability regime, under certain circumstances, for:
- Mere access providers (Section 13).
- Search engine services (Section 14).
- Caching providers (Section 15).
- Hosting providers (Section 16).
- Link providers (Section 17).
Coverage Horizontal
Sources
- https://wilmap.stanford.edu/entries/federal-act-governing-certain-legal-aspects-electronic-commercial-and-legal-transactions-e
- https://web.archive.org/web/20211102000641/https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20001703
- https://web.archive.org/web/20231212010156/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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AUSTRIA
Since July 2000
Since 2001, last amended in 2020
Since 2001, last amended in 2020
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
E-Commerce Act (E-Commerce-Gesetz)
E-Commerce Act (E-Commerce-Gesetz)
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.
Safe harbours for intermediaries of the e-Commerce Directive are incorporated into Austrian national law by the e-Commerce Act. Section V of the legislation provides for an exclusion from the liability regime, under certain circumstances, for:
- Mere access providers (Section 13).
- Search engine services (Section 14).
- Caching providers (Section 15).
- Hosting providers (Section 16).
- Link providers (Section 17).
Safe harbours for intermediaries of the e-Commerce Directive are incorporated into Austrian national law by the e-Commerce Act. Section V of the legislation provides for an exclusion from the liability regime, under certain circumstances, for:
- Mere access providers (Section 13).
- Search engine services (Section 14).
- Caching providers (Section 15).
- Hosting providers (Section 16).
- Link providers (Section 17).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240820031632/https://wilmap.stanford.edu/entries/federal-act-governing-certain-legal-aspects-electronic-commercial-and-legal-transactions-e
- https://web.archive.org/web/20211102000641/https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20001703
- https://web.archive.org/web/20231212010156/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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AUSTRIA
Since September 2019
Pillar Intermediary liability |
Sub-pillar User identity requirement
Ordinance of the Federal Minister of Transport, Innovation and Technology on the procedures for identifying participants - Federal Law Bulletin II No. 7/2019(Verordnung des Bundesministers für Verkehr, Innovation und Technologie über Verfahren zur Identifikation von Teilnehmern)
According to the Ordinance of the Federal Minister of Transport, Innovation and Technology on the procedures for identifying participants (Federal Law Bulletin II No. 7/2019), all mobile value cards in Austria must be registered. It is mandatory to register the following data: first name, last name, academic degree and date of birth. Customers can register in person with their mobile operator, for which an official ID is necessary. It is also possible to register online, which requires the customer to take a photo of themselves and their ID. Holders of an Austrian bank account can also register via said account. Companies must register through an authorised representative who must submit a suitable document from the company register.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230321210021/https://konsument.at/sim-karten032019
- https://web.archive.org/web/20241205184907/https://alertify.eu/prepaid-sim-card-austria/
- https://web.archive.org/web/20230711214353/https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20010545
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AUSTRIA
Since October 2020
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Communication Platforms Act (Kommunikationsplattformen-Gesetz)
The Communication Platforms Act, which went into effect in October 2020, requires online social media platforms with more than 100,000 users in Austria and annual revenue of at least Eur 500 million (approximately USD 560 million) in Austria to establish a complaints department with a streamlined procedure for managing hate speech posts. The law applies to a catalogue of 15 criminal offences, including hate speech, coercion, stalking and the degradation of religious teachings. Platforms must provide a reporting function for this illegal content and react immediately to notifications. If the content is obviously illegal for legal laypersons, it must be blocked within 24 hours after the notification. If the illegality is not that obvious, the platform can take a maximum of 7 days to respond. The law allows individuals to sue in court to compel platforms to immediately delete content ruled as hate speech. Media platforms and communication forums that are “directly linked to journalistic activity” are exempt from the new law. Online information services, such as Wikipedia and online retail services, are also exempt.
Coverage Social media platforms
Sources
- https://web.archive.org/web/20231117025724/https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20011415
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20231206004751/https://edri.org/our-work/first-analysis-of-the-austrian-anti-hate-speech-law-netdg-koplg/
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