HONDURAS
Since January 2008, entry into force in June 2010
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Honduras has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HONDURAS
Since December 2016, entry into force in January 2017, last amended in December 2021
Pillar Cross-border data policies |
Sub-pillar 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
Sources
- https://web.archive.org/web/20240727070523/http://www.sefin.gob.hn/wp-content/uploads/2018/06/Texto_Consolidado_Codigo_Tributario_25JUNIO2018_Y_ANEXOS.pdf
- https://web.archive.org/web/20240329030227/https://www.tsc.gob.hn/biblioteca/index.php/codigos/699-codigo-tributario-decreto-no-170-2016
- https://www.dataguidance.com/comparisons/data-transfers
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HONDURAS
N/A
Pillar Cross-border data policies |
Sub-pillar 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
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20231208160454/http://www.sice.oas.org/Trade/CAFTA/CAFTADR_e/chapter13_22.asp#Article14.5
- https://web.archive.org/web/20240515111018/https://www.international.gc.ca/trade-commerce/trade-agreements-accords-commerciaux/agr-acc/honduras/fta-ale/16.aspx?lang=eng
- https://web.archive.org/web/20240223132010/http://sice.oas.org/Trade/mextnorte/Mex_TNorte_s.asp#a1505
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HONDURAS
N/A
Pillar Domestic data policies |
Sub-pillar 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
Sources
- https://web.archive.org/web/20230209190923/https://www.tsc.gob.hn/web/leyes/Ley_de_Transparencia.pdf
- https://web.archive.org/web/20220314152838/https://www.dataguidance.com/notes/honduras-data-protection-overview
- https://web.archive.org/web/20221209062302/https://cei.iaip.gob.hn/doc/Anteproyecto%20de%20Ley%20de%20Proteccion%20de%20Datos%20Personales%20y%20Accion%20de%20Habeas%20Data%20de%20Honduras%20%20Final%...
- https://web.archive.org/web/20230131121731/https://www.tsc.gob.hn/web/leyes/Decreto_130-2017.pdf
- https://web.archive.org/web/20230201063745/https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
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HONDURAS
Since May 2011
Pillar Domestic data policies |
Sub-pillar 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
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Honduras's law and jurisprudence. Despite the country having committed under Art. 15.11.27 of the Central America-Dominican Republic-United States FTA to implement a safe harbour for intermediaries for copyright infringing content, no regulation has been put in place that implements this commitment.
Coverage Internet intermediaries
HONDURAS
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Honduras law and jurisprudence.
Coverage Internet intermediaries
HONDURAS
N/A
Pillar Intermediary liability |
Sub-pillar User identity requirement
User identity requirement
According to the National Telecommunication Commission of Honduras (CONATEL), users should provide a document of identity for providers of Internet services or computer network access.
Coverage Telecommunications sector
HONDURAS
Since February 2012
Pillar Intermediary liability |
Sub-pillar User identity requirement
Normative Resolution No. 002/12 (Resolución No. NR002/12)
According to the Normative Resolution No. 001/12, operators of telephone service shall collect data, including the name of the SIM card buyer and ID number for the Hondurans and passport or residence card number for foreigners.
Coverage Telecommunications sector
HONDURAS
Since May 2011
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Normative Resolution No. 004/11 - Regulations on Internet Service or Access To Networks (Resolución Normativa No. NR004/11 - Reglamento de Servicio de Internet o Acceso a Redes Informáticas)
According to Art. 22 of Normative Resolution 004/11 (NR004/11), Internet Service Providers (ISPs) are required to implement a security system designed to prevent, monitor, and detect illegal activities that may be carried out by users. If such activities are detected, service operators must notify the competent authority in writing and offer full cooperation during the investigative process.
Coverage Internet intermediaries
HONDURAS
Since December 2005, amended in 2015
Since December 2002
Since December 2002
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Decree No. 357-2005 - Law for the defence and Promotion of Competition (Decreto No. 357-2005 - Ley para Defensa y Promoción de la Competencia)
General Regulations of the Framework Law for the Telecommunications Sector (Reglamento General de Ley Marco de Sector de Telecomunicaciones)
General Regulations of the Framework Law for the Telecommunications Sector (Reglamento General de Ley Marco de Sector de Telecomunicaciones)
Honduras mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Functional separation is found in the Law for the Defence and Promotion of Competition, which applies to all areas of economic activity, and in the General Regulations of the Framework Law for the Telecommunications Sector.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100047&s=8421
- https://web.archive.org/web/20161209110553/https://www.cdpc.hn/sites/default/files/Privado/marco_legal/Ley%20para%20la%20defensa%20y%20promosion%20de%20la%20competencia.pdf
- https://web.archive.org/web/20230201063745/https://www.conatel.gob.hn/doc/Regulacion/leyes/REGLAMENTO_GENERAL.pdf
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HONDURAS
Since September 2005
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (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 |
Sub-pillar 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
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Honduras is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
HONDURAS
Since June 2011
Since March 1993
Since March 1993
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Decree No. 51-2011 - Law for the Promotion and Protection of Investments (Decreto No. 51-2011 - Ley para la Promoción y Protección de Inversiones )
Decree No. 80-92 - Regulation of Investment Law (Decreto No. 80-92 - Reglamento de Ley de Inversiones)
Decree No. 80-92 - Regulation of Investment Law (Decreto No. 80-92 - Reglamento de Ley de Inversiones)
According to Art. 4 of Decree No. 51-2011, there are no restrictions on the involvement of foreign investment in the shareholding structure of companies. In alignment with this, Art. 4 of Decree No. 80-92 stipulates that foreign investment in capital is unrestricted, except in cases specified by the Constitution of the Republic, where limitations are imposed for national security reasons in sectors such as transport, aeronautics, firearms, and ammunition.
Coverage Horizontal