Database

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SLOVAKIA

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

SLOVAKIA

Since 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on domain names
Terms And Conditions Of Domain Name Service In ".Sk" Top Level Domain
Part 2 of the Terms and Conditions of Domain Name Service in ".sk" top level domain states that a ".sk" top level domain may be applied for only by a physical or legal person that has a postal address (address to receive physical paper forms of communication) in any of the European Union member states, or a state within the European Economic Area, or a member state of the European Free Trade Association.
Coverage Horizontal

SLOVAKIA

N/A

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Slovakia imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Horizontal

SLOVAKIA

Since July 2000
Since 2004

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

Law No. 22/2004 on Electronic Commerce
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 Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbors, and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal

SLOVAKIA

Since July 2000
Since 2004

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

Law No. 22/2004 on Electronic Commerce
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 Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbors, and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal

SLOVAKIA

Since September 2011

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Regulatory Authority for Electronic Communications and Postal Services (RÚ), 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

SLOVAKIA

Reported in 2014

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
It is reported that the government of Slovakia owns 49% shares of Slovak Telekom, the largest telecommunications provider in the country, offering a wide range of telecommunication services to both residential and business customers.
Coverage Telecommunications sector

SLOVAKIA

Since September 2011

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Act No. 351/2011 on Electronic Communications
Both accounting and functional separation of significant market power (SMP)/ dominant network operators is mandated. The Regulatory Authority for Electronic Communications and Postal Services (RÚ) may impose on the SMP undertaking providing access or interconnection the obligation of accounting separation for each specific activity in relation to access or interconnection, and require vertically integrated undertaking to make its wholesale and internal prices transparent to ensure also the requirement for non-discrimination under Section 20 of the Act No. 351/2011 on Electronic Communications or to prevent preference or discrimination of some services by cross-subsidizing costs and revenues from other services and mutually between the services. The RÚ may specify the structure of accounting records and methodology of separate records in the accounting system. The RÚ has imposed the obligation of the accounting separation on the SMP undertaking on the market 3a and 3b. Where the specific obligations set by Sections 19-23 of the Act No. 351/2011 imposed on the SMP undertaking have failed to achieve effective competition and there are important and persisting competition problems or market failures in relation to the wholesale provision of certain access products, the RU may, as an exceptional measure, impose an obligation on vertically integrated undertakings to establish an independently operating business entity which has a position of a controlled person. The undertaking shall be obliged to transfer all activities related to the wholesale provision of respective relevant product on such a person.
Coverage Telecommunications sector

SLOVAKIA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of passive infrastructure sharing obligation
It is reported that passive sharing is not mandated, but it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Yet, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, to deploy 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

SLOVAKIA

Since June 2016
Since December 1991, as amended in May 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Act No 513/1991 Coll. Commercial Code (Zákon č. 513/1991 Zb. Obchodný zákonník)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Slovakia fully implemented the Directive with Act No 264/2017 amending the existing Commercial Code.
Coverage Horizontal

SLOVAKIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Slovakia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

SLOVAKIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Slovakia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

SLOVAKIA

Since May 2001
Since 2016

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC

Copyright Act (Act No. 185/2015)
There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom. The Copyright Act provides for a wide list of exceptions.
Coverage Horizontal

Horizontal

SLOVAKIA

Reported in 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright
It is reported that Slovakia continues to suffer from a high level of software and movies piracy. However, the rate of unlicensed software installation in the country was reportedly 35% in 2017 (below the 57% rate of Central and Eastern European countries), for an estimated commercial value of USD 51 million.
Coverage Software

SLOVAKIA

Since January 1993

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Slovakia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal