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DOMINICAN REPUBLIC

Since May 1998

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 153/1998. General Telecommunications Law (Ley No. 153/1998. Ley General de las Telecomunicaciones)
Self-certification is allowed for foreign businesses. According to Chapter IX of the Telecommunications Law, Art. 61, any terminal, equipment or system likely to be connected to a public telecommunications network, or which uses the public telecommunications network, or which uses the public radio-electric domain, must have the corresponding homologation certificate. It is reported that the following products require INDOTEL’s approval: Tablets; Personal trackers; Wireless microphones; 3G/4G mobile phones; RFID equipment; Radio alarms; Laptops.
Coverage Tablets, Personal trackers, Wireless microphones, 3G/4G mobile phones, RFID equipment, Radio alarms. Laptops

DOMINICAN REPUBLIC

Since November 2002

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Monetary and Financial Law No. 183-02 (Ley No. 183-02 Monetaria y Financiera)
According to Art. 29 of Law No. 183-02, foreign exchange brokerage may only be carried out by authorised financial brokerage entities and by Exchange Agents. Art. 30 states that to be an Exchange Agent, it is necessary to be constituted as a joint stock company organised in accordance with the laws of the Dominican Republic, with the objects clause and the exclusive habitual activity of carrying out exchange intermediation in free market conditions in the national territory, as well as abroad under the modality of remittance company.
Coverage Horizontal

DOMINICAN REPUBLIC

Since July 2005

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments (Decreto No. 402-05 que aprueba el Reglamento para el Despacho Expreso de Envíos)
According to Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200, following the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

DOMINICAN REPUBLIC

Since September 2005

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
General Law No. 358-05 for the Protection of Consumer or User Rights (Ley General No. 358-05 de Protección de los Derechos del Consumidor o Usuario)
Law No. 358-05 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

DOMINICAN REPUBLIC

Since August 2012, entry into force in March 2013

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
Dominican Republic has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

DOMINICAN REPUBLIC

Since 2002

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Dominican Republic 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

DOMINICAN REPUBLIC

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
Dominican Republic 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

DOMINICAN REPUBLIC

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 the Dominican Republic's law and jurisprudence.
Coverage Internet intermediaries

DOMINICAN REPUBLIC

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that the Dominican Republic 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 Telecommunications sector

DOMINICAN REPUBLIC

Since December 2013

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Personal Data Protection Law No. 172-13 (Ley No. 172-13 sobre Protección de Datos Personales)
Under Art. 80 of Law No. 172-13, personal data may only be transferred internationally if the owner of the data expressly authorises such transfer or if such transfer is necessary for the performance of a contract between the owner of the data and the person or entity responsible for the treatment of the personal data. Data transfer is considered a form of 'treatment' of personal data under Art. 6.20 of Law.
Coverage Horizontal

DOMINICAN REPUBLIC

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of accession to agreements with binding commitments to open data transfers across borders
The Dominican Republic has not acceded to any agreement with binding commitments to open data transfers across borders. However, Art. 13.2 of DR-CAFTA provides that "Each Party shall ensure that enterprises of another Party may use public telecommunications services for the movement of information in its territory or across its borders and for access to information contained in databases or otherwise stored in machine-readable form in the territory of any Party". Notwithstanding the foregoing, "a Party may take such measures as are necessary to: (a) ensure the security and confidentiality of messages; or (b) protect the privacy of non-public personal data of subscribers to public telecommunications services, subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services".
Coverage Horizontal

DOMINICAN REPUBLIC

Since December 2013

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Personal Data Protection Law No. 172-13 (Ley No. 172-13 sobre Protección de Datos Personales)
Personal Data Protection Law No. 172-13 provides a comprehensive framework for data protection.
Coverage Horizontal

DOMINICAN REPUBLIC

Since 2007
Since January 2010

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Dominican Republic-Central America Free Trade Agreement (CAFTA-DR)

Political Constitution of the Dominican Republic (Constitución Política de la República Dominicana)
Art. 26.2 of the Constitution of the Republic establishes a safe harbour regime for intermediaries for copyright infringements. Chapter XV of the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) of 2007 between the United States of America, Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua devotes its Art. 27 to the limitations of liability of intermediaries for copyright infringement in the digital environment. This is applicable in the country by mandate of Art. 26.2 of the Constitution of the Republic, which establishes that the rules in force of ratified international conventions shall govern internally. However, it is reported that, in practice, there have been cases in 2013 in which the courts have considered companies liable not only for violating copyright but also for the mere fact of hosting the website where the infringement takes place and, therefore, encouraging the infringement through its economic sponsorship.
Coverage Internet intermediaries

DOMINICAN REPUBLIC

Since May 1992

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law No. 16-92: Labour Code and Complementary Norms (Ley No. 16-92: Código de Trabajo y Normas Complementarias)
Art. 144 of Law 16-92 establishes that the administrators, managers, directors and other persons exercising administrative or management functions must preferably be of Dominican nationality. On the other hand, Art. 135 establishes that at least 80% of the total number of workers of a company must be composed of Dominicans. Art. 136 establishes that the salaries received by the Dominican workers of a company must amount, as a whole, to at least 80% of the value corresponding to the payment of all the personnel. Exempted from the provisions of this article are the salaries received by workers who perform technical, managerial or directorial tasks.
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre Propiedad Industrial)
According to Art. 148 of Law No. 20-00, when the applicant or the holder of an industrial property right has its domicile or headquarters outside the Dominican Republic, it must have a representative domiciled in the country who can be notified of all resolutions, correspondence, writings and any other documentation emanating from the National Office for Industrial Property.
Coverage Horizontal

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