SPAIN
Since November 1989
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Spain is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
SPAIN
Since April 2017, last amended in July 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Act 24/2015
There are reports of concerns on the differences in treatment to non-Spanish patent applications. According to Art. 152 of the Patent Act 24/2015, non-residents of the EU must act through an intellectual property agent before the Spanish Intellectual Property Office. In addition, residents of an EU State acting on their own behalf must designate an address in Spain for the purpose of notifications or, alternatively, indicate that notifications should be sent to them by email. It is reported that the process for granting and renewing patents may present some complexities and high costs in Spain.
Coverage Horizontal
Sources
SPAIN
Since March 2019
Since November 2020, until December 2022
Since November 2020, until December 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Royal Decree-Law 27/2021, on urgent measures to support entrepreneurship and energy sector, and tax related matters
Royal Decree-Law 27/2021, on urgent measures to support entrepreneurship and energy sector, and tax related matters
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
Royal Decree-Law 27/2021, through its single transitional provision, extends the temporary regime set forth in Royal Decree Law 34/2020. Such a temporary regime suspends the liberalisation of certain foreign direct investments made by residents of the EU and European Free Trade Association (EFTA) countries until December 2022. All investments over 1 Million Euros are subject to case-by-case screening in several sectors, including dual-use technologies, key technologies for industrial leadership and capacity building, and technologies developed under programmes and projects of particular interest to Spain, including telecommunications, artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, nanotechnologies, advanced materials and advanced manufacturing systems.
Royal Decree-Law 27/2021, through its single transitional provision, extends the temporary regime set forth in Royal Decree Law 34/2020. Such a temporary regime suspends the liberalisation of certain foreign direct investments made by residents of the EU and European Free Trade Association (EFTA) countries until December 2022. All investments over 1 Million Euros are subject to case-by-case screening in several sectors, including dual-use technologies, key technologies for industrial leadership and capacity building, and technologies developed under programmes and projects of particular interest to Spain, including telecommunications, artificial intelligence, robotics, semiconductors, cybersecurity, aerospace, nanotechnologies, advanced materials and advanced manufacturing systems.
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157946.pdf
- https://www.uria.com/documentos/circulares/1335/documento/12018/notaUM.pdf?id=12018
- https://www.boe.es/buscar/act.php?id=BOE-A-2021-19305
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SPAIN
Since March 2004, last amended in February 2014
Since February 2020
Since February 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Royal Decree-Law 3/2020 of 4 February 2020 (Decreto Real-ley 3/2020, de 4 de febrero 2020)
Royal Decree-Law 3/2020 of 4 February 2020 (Decreto Real-ley 3/2020, de 4 de febrero 2020)
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 Spain, the Directive has been transposed with the Royal Decree-Law 3/2020.
In Spain, the Directive has been transposed with the Royal Decree-Law 3/2020.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
SPAIN
Since 2017, last amended in 2021
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law 9/2017 on Public Sector Contracts (Ley 9/2017 de Contratos del Sector Público)
The Law on Public Sector Contracts, Art. 1, applies the principles of freedom of access to tenders and non-discrimination and equality of treatment among bidders. However, Art. 68 stipulates that tenderers may not participate in public procurement procedures when they do not come from countries that are part of the EU, the European Economic Area or the WTO Government Procurement Agreement or countries that admit the participation of Spanish companies in their public procurement procedures (principle of reciprocity).
Additionally, Art. 68(2) stipulates that specific administrative clauses may require non-European companies that are awarded works contracts to open a branch in Spain, with the appointment of proxies or representatives for their operations, and to be registered in the Mercantile Register.
Additionally, Art. 68(2) stipulates that specific administrative clauses may require non-European companies that are awarded works contracts to open a branch in Spain, with the appointment of proxies or representatives for their operations, and to be registered in the Mercantile Register.
Coverage Horizontal
SLOVENIA
Since 2000
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Slovenia 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
SLOVENIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Slovenia 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
SLOVENIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Slovenia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
SLOVENIA
Since June 2014
Since March 1998
Since March 1998
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act
Consumer Protection Act
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act.
Coverage Horizontal
SLOVENIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since 2001, last amended in 2021
Since 2011, last amended in 2021
Since 2001, last amended in 2021
Since 2011, last amended in 2021
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Media Act
Audiovisual Media Act
Media Act
Audiovisual Media Act
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Article 13(1) provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works through facilitating access to such works using any appropriate means to ensure prominence of European works. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Slovenia, Art. 13 has been implemented via two obligations between which video-on-demand (VOD) providers can choose: VOD providers have to reserve a share of European works in their catalogue, or contribute financially to the production and rights acquisition of European works.
In addition, Slovenian legislation establishes a minimum of local content both European Union and Slovenian. In particular, note that Art. 86 Slovenian Media Act requires 20% of the content to be in Slovenian and Art. 16 of Audiovisual Media Act provides that, the share of European audiovisual works in each television program must cover at least 50% of the annual broadcasting time.
In Slovenia, Art. 13 has been implemented via two obligations between which video-on-demand (VOD) providers can choose: VOD providers have to reserve a share of European works in their catalogue, or contribute financially to the production and rights acquisition of European works.
In addition, Slovenian legislation establishes a minimum of local content both European Union and Slovenian. In particular, note that Art. 86 Slovenian Media Act requires 20% of the content to be in Slovenian and Art. 16 of Audiovisual Media Act provides that, the share of European audiovisual works in each television program must cover at least 50% of the annual broadcasting time.
Coverage On-demand audiovisual service
SLOVENIA
Since July 2000
Since 2006, last amended in 2021
Since 2006, last amended in 2021
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Market Act
Electronic Commerce Market Act
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 harbor. 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.
The Electronic Commerce Market Act provides for a safe harbor regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Article 10); and
- Hosting providers (Article 11).
The Electronic Commerce Market Act provides for a safe harbor regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Article 10); and
- Hosting providers (Article 11).
Coverage Horizontal
SLOVENIA
Since July 2000
Since 2006, last amended in 2021
Since 2006, last amended in 2021
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Market Act
Electronic Commerce Market Act
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 harbor. 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.
The Electronic Commerce Market Act provides for a safe harbor regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Article 10); and
- Hosting providers (Article 11).
The Electronic Commerce Market Act provides for a safe harbor regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Article 10); and
- Hosting providers (Article 11).
Coverage Horizontal
SLOVENIA
Since July 2001
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS), 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
SLOVENIA
N/A
Pillar Telecom infrastructure and 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 Slovenia does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required in certain cases. According to the Art.25 of the Electronic Communications Act, the Agency may impose an obligation on a specific network operator with significant market power to keep accounting records in relation to specified activities relating to interconnection and/or operator access separate from accounting records for other activities.
Coverage Telecommunications sector
SLOVENIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government of Slovenia owns 62.54% of Telekom Slovenije, the major incumbent telecommunications operator. State owned entities Kapitalska druzba (KAD) and Slovenian Sovereign Holding (SDH) respectively hold a further 5.59% and 4.25% in Telekom Slovenije.
Coverage Telecommunications sector