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NIGER

Since March 1977, as amended in December 2015, entry into force in November 2020
Since December 2010

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Ordinance No. 2010-95 of 23 December 2010 relating to copyright, neighboring rights and expressions of heritage traditional cultural (Ordonnance No. 2010-95 du 23 décembre 2010 portant sur le droit d’auteur, les droits voisins et les expressions du patrimoine culturel traditionnel)
Niger has a copyright regime under the Ordinance No. 2010-95. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 10-27 list the exceptions, which include free reproduction for private use, free use for teaching and scientific research, free reproduction for judicial and administrative purposes, and free use for information purposes, among others.
In addition, the Revised Bangui Agreement is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Niger and each of the other member states. The Revised Bangui Agreement contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"102096"},{"post_id":"102097"},{"post_id":"102098"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'NE')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

NIGER

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
8.38%
Coverage rate of zero-tariffs on ICT goods (%)
13.26%
Coverage: ICT goods

NIGER

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Niger is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

NICARAGUA

N/A

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Nicaragua does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal

NICARAGUA

Since October 2020, last amended in August 2024

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Law No. 1040-Foreign Agents Law (Ley No. 1040-Ley De Regulación De Agentes Extranjeros)
Art. 9 of the Foreign Agents Law requires foreign agents to register with the Nicaraguan Government and to file reports on all funds and donations received from foreign entities, including how they are used.
The law defines “foreign agents” as any person who performs or works as an agent, representative, employee, service provider or any other activity subject to the orders, requirements, instruction, direction, supervision, or control from a foreign entity or from an individual or legal entity whose activities are, directly or indirectly, supervised, directed, controlled, financed or subsidised, in whole or in part, by foreign individuals, Governments, capital, businesses or funds, directly or through a third party, be it an individual or legal entities. It is reported that legal experts have expressed concern that the law is written so broadly that the government could apply it to any entity.
Coverage Horizontal

NICARAGUA

Since June 2013, last amended February 2021
Since October 2013

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law No. 842-Consumer and Users' Rights Protection Law (Ley 842-Ley De Protección De Los Derechos De Las Personas Consumidoras y Usuarias)

Decree No. 36-2013-Regulation of Consumer and Users' Rights Protection Law (Decreto Ejecutivo No.. 36-2013-Reglamento De La Ley No.. 842, Ley De Protección De Los Derechos De Las Personas Consumidores y Usuarias)
The Consumer and Users' Rights Protection Law and its regulation provide a comprehensive framework for consumer protection that also applies to online transactions.
Coverage E-commerce sector

NICARAGUA

N/A

Pillar Online sales and transactions  |  Indicator Ratification of the 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
Nicaragua has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

NICARAGUA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Nicaragua 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

NICARAGUA

Since August 2010

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Act No. 729, Electronic Signature Act (Ley No. 729, Ley de Firma Electrónica)
Nicaragua enacted the Electronic Signature Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

NICARAGUA

N/A

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Lack of self-declaration of conformity
Agreement No. 004-2025 on the Regulations for the Approval of Telecommunications Equipment establishes the national type-approval procedure. Pursuant to Arts. 4–5, telecommunications equipment subject to the approval regime must hold an appropriate conformity certification demonstrating compliance with the technical, regulatory, health, and human safety standards applicable in Nicaragua, or with standards issued by international standardisation bodies adopted and accepted by the Nicaraguan Institute of Telecommunications and Postal Services (TELCOR). For such certifications to be recognised in Nicaragua, conformity assessment bodies and national or international testing laboratories, whether public or private, must be accredited by the competent national authority responsible for technical standardisation and quality certification of products and services.
Art. 6 further provides that TELCOR may enter into mutual recognition agreements (MRAs) with other States or international organisations for the reciprocal recognition of standards, conformity certifications, and laboratory tests issued by the relevant conformity certification bodies. Accordingly, an applicant for a certificate of approval who holds a certificate of conformity issued by a State or organisation recognised by TELCOR under an MRA may apply for the registration of approved telecommunications equipment in accordance with the terms established in that MRA.
Under Art. 10, an applicant seeking a certificate of approval must submit, inter alia: (a) a duly completed approval application form; (c) a copy of the document evidencing the applicant’s legal representation; (d) a certificate of conformity issued by at least one international standardisation organisation and/or a foreign regulatory authority accredited in Nicaragua, although, pending the accreditation of an international conformity certification body in Nicaragua, a notarised declaration of conformity may be submitted instead (and, where issued abroad, it must be duly apostilled or otherwise authenticated); (e) laboratory test reports, the technical specifications sheet for the telecommunications equipment, and, optionally, the user manual; and (f) photographs of the interior and exterior of the telecommunications equipment.
Coverage Wireless gateways, satellite equipment and telephones

NICARAGUA

Since September 2010, last amended in May 2016
Since November 2010, last amended in March 2017

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Law No. 735 on the Prevention, Investigation and Prosecution of Organized Crime and the Administration of Seized, Confiscated and Abandoned Property (Ley No. 735 de Prevención, Investigación y Persecución del Crimen Organizado y de la Administración de los Bienes Incautados, Decomisados y Abandonados)

Executive Decree No. 70-2010, Regulation of the Law on the Prevention, Investigation and Prosecution of Organised Crime and the Administration of Seized, Confiscated and Abandoned Property (Decreto Ejecutivo No. 70-2010, Reglamento de la Ley de Prevención, Investigación y Persecución del Crimen Organizado y de la Administración de los Bienes Incautados, Decomisados y Abandonados)
Pursuant to Art. 65 of Law No. 735, service providers are obligated to design their systems in a manner that facilitates surveillance. Additionally, Art. 65 mandates that companies maintain a record of their users, which must be accessible to authorities involved in the investigation or prosecution of criminal offences. These requirements apply to both private and public entities that provide telephone, computer, or other electronic communication services. Art. 45 of the Regulation of Law No. 735 specifies that the official register referenced in Art. 65 must include, at a minimum, the following information:
- The date, time, and location at which the service is provided;
- The client’s or user’s full name, along with their national identity card number, valid passport number, or student card number;
- The client’s or user’s address and telephone number;
- Identification of the service provided.
Furthermore, Art. 45 stipulates that police authorities and the Public Prosecutor's Office shall have access to this register without additional formalities as part of their official duties and powers.
Coverage Telecommunications sector
Sources

NICARAGUA

Since November 2024, entry into force in November 2025

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Law No. 1223, General Act on Convergent Telecommunications (Ley No. 1223, Ley General de Telecomunicaciones Convergentes)
Art. 110 of the General Act on Convergent Telecommunications requires public telecommunications service operators and audiovisual communications service providers to provide any information requested by the Nicaraguan Institute of Telecommunications and Postal Services (TELCOR), including statistical and georeferential data, upon request and at TELCOR's discretion. Art. 112 further requires these operators to grant TELCOR access to their facilities for technical inspections and for the review of internal documentation. It is reported that, taken together, these provisions enable extensive government access to user-related information.
Coverage Telecommunications sector and audiovisual communications sector

NICARAGUA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
It is reported that a basic legal framework on intermediary liability for copyright infringement is absent in Nicaragua's law and jurisprudence.
Coverage Internet intermediaries

NICARAGUA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Nicaragua's law and jurisprudence. Moreover, the 2020 Special Cybercrimes Law imposes significant penalties for online activities and applies to social media users and media outlets. The law allows the punishment of administrators of technological platforms that intervene in the content (Art. 16). It is reported that the use of vague and undefined terms can be applied arbitrarily or discretionally, resulting in legal uncertainty about their scope.
Coverage Internet intermediaries

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