NICARAGUA
Since November 2024, entry into force in November 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 1223, General Act on Convergent Telecommunications (Ley No. 1223, Ley General de Telecomunicaciones Convergentes)
Pursuant to Art. 16 of the General Act on Convergent Telecommunications, the provision of audiovisual communications services requires a licence issued by the Nicaraguan Institute of Telecommunications and Postal Services (TELCOR).
Art. 22 sets out minimum requirements for legal entities to obtain a licence, including: (i) the first and last names of the attorney-in-fact or legal representative, together with documentation evidencing their authority to act; (ii) the Unique Taxpayer Registration Number (RUC); and (iii) a legal and permanent address within the national territory.
The Act defines “Audiovisual Communications Services” as encompassing the production, distribution, and broadcasting of programmes and multimedia content, including value-added, supplementary, or related services (either linear or non-linear), whether provided openly and free of charge or on a subscription or paid basis, through telecommunications networks, the internet, or dedicated broadcasting networks (Art. 5(52)). Art. 9 further clarifies that audiovisual communications services include, inter alia, open television, subscription or pay television, AM and FM radio broadcasting, and any other service that transmits audiovisual content using any technology or means of transmission, including the internet.
Art. 22 sets out minimum requirements for legal entities to obtain a licence, including: (i) the first and last names of the attorney-in-fact or legal representative, together with documentation evidencing their authority to act; (ii) the Unique Taxpayer Registration Number (RUC); and (iii) a legal and permanent address within the national territory.
The Act defines “Audiovisual Communications Services” as encompassing the production, distribution, and broadcasting of programmes and multimedia content, including value-added, supplementary, or related services (either linear or non-linear), whether provided openly and free of charge or on a subscription or paid basis, through telecommunications networks, the internet, or dedicated broadcasting networks (Art. 5(52)). Art. 9 further clarifies that audiovisual communications services include, inter alia, open television, subscription or pay television, AM and FM radio broadcasting, and any other service that transmits audiovisual content using any technology or means of transmission, including the internet.
Coverage Audiovisual communications services
Sources
- https://web.archive.org/web/20260227173425/https://ib-lenhardt.com/media/pages/news/plans-for-labeling-introduction-by-telcor/2d0c2e8e9a-1751622755/ley-numero-1223-ley-general-de-telecomunicaciones-co...
- https://web.archive.org/web/20260227174006/https://consortiumlegal.com/2025/11/18/cambio-relevantes-con-la-entrada-en-vigor-de-la-ley-1223-en-nicaragua/
- https://web.archive.org/web/20260227174149/https://www.lexology.com/library/detail.aspx?g=dbefa7f0-d363-4c12-a734-8e0a6c61fa67
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NICARAGUA
Reported in 2015, last reported in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency of import procedures
It is reported that Nicaraguan customs officials routinely delay customs inspections and levy arbitrary fines for minor paperwork problems such as typographical errors. These fines reportedly often represent up to three times the value of the shipment. In addition, businesses report a significant increase in the number of incoming shipments subject to further inspections, with a majority of shipments now subject to such inspections.
Coverage Horizontal
NICARAGUA
Reported in 2022, last reported in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Complaints on strict requirements by customs
It is reported that starting in 2019, Nicaragua’s Customs Authority (DGA) began systematically seeking proof of country of origin for products that had previously been established to have an origin country, including through a comprehensive questionnaire to importers seeking detailed information about the products. Multiple businesses have reported that the requested information contains proprietary business data or trade secrets. Businesses have sought to make arrangements with the DGA to establish proof of origin without publishing trade secrets in questionnaires, such as through site visits to production plants and staff interviews. However, it is reported that the DGA has rejected those proposals and, in multiple cases, has initiated administrative processes to remove preferential treatment and to seek retroactive tariffs for the period during which the product was imported with preferential treatment.
Coverage Horizontal
NICARAGUA
Since November 2024, entry into force in November 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 1223, General Act on Convergent Telecommunications (Ley No. 1223, Ley General de Telecomunicaciones Convergentes)
Pursuant to Art. 68 of the General Act on Convergent Telecommunications, the Nicaraguan Institute of Telecommunications and Postal Services (TELCOR) has the authority to impose restrictions on, or prohibit, the importation and use of specific telecommunications equipment. In particular, TELCOR may restrict or prohibit equipment where it: (i) requires an enabling title (título habilitante); (ii) contravenes the regulatory framework; or (iii) poses risks to national security or national interests. Where equipment is classified as restricted, Art. 69 requires the importer to obtain a Certificate of No Objection (Constancia de No Objeción) from TELCOR prior to customs clearance, and the equipment must also be previously homologated.
In line with this framework, TELCOR’s published list of restricted-use telecommunications equipment classifies as restricted all active telecommunications devices that use, manage, or transmit signals in the radio spectrum for the provision of telecommunications services to the general public or for the implementation and operation of private networks. Accordingly, the importation, installation, or operation of such equipment requires prior enabling authorisation from TELCOR in its capacity as the regulatory authority. This category includes, inter alia, mobile cellular telephony equipment, professional IoT devices operating in licensed bands, and satellite equipment.
In line with this framework, TELCOR’s published list of restricted-use telecommunications equipment classifies as restricted all active telecommunications devices that use, manage, or transmit signals in the radio spectrum for the provision of telecommunications services to the general public or for the implementation and operation of private networks. Accordingly, the importation, installation, or operation of such equipment requires prior enabling authorisation from TELCOR in its capacity as the regulatory authority. This category includes, inter alia, mobile cellular telephony equipment, professional IoT devices operating in licensed bands, and satellite equipment.
Coverage Telecommunication equipment
Sources
- https://web.archive.org/web/20260227173425/https://ib-lenhardt.com/media/pages/news/plans-for-labeling-introduction-by-telcor/2d0c2e8e9a-1751622755/ley-numero-1223-ley-general-de-telecomunicaciones-co...
- https://web.archive.org/web/20260227174208/https://www.telcor.gob.ni/listado-de-equipo-de-uso-restringidos/
NICARAGUA
Since September 2010, last amended in May 2016
Since November 2010, last amended in March 2017
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)
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.
- 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
- https://web.archive.org/web/20241121201649/http://legislacion.asamblea.gob.ni/__062569d000710dd9.nsf/b92aaea87dac762406257265005d21f7/0851b98d04ad92c306258b270079cec4
- https://web.archive.org/web/20241121201836/http://legislacion.asamblea.gob.ni/__062569d000710dd9.nsf/09cf45d6fc893868062572650059911e/287b6f2436f03dd406258b3b004e5d7a
- https://web.archive.org/web/20241112111155/https://freedomhouse.org/country/nicaragua/freedom-net/2024
- https://web.archive.org/web/20240224033424/https://necessaryandproportionate.org/comparative-analysis-surveillance-laws-and-practices-latin-america/
- https://web.archive.org/web/20210923041636/https://www.despacho505.com/regimen-amplia-control-sobre-operadores-de-telecomunicaciones/?fbclid=IwAR3RCQ-k_RVKEGgLyl4PEQiv30a88BqX-fp9xvtWjS6r2VFBuTlTVAIfV...
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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
Sources
- https://web.archive.org/web/20260227173807/http://legislacion.asamblea.gob.ni/normaweb.nsf/3133c0d121ea3897062568a1005e0f89/b36ffc254bbdd5de06258692006da0f3?OpenDocument
- https://web.archive.org/web/20250923224346/https://freedomhouse.org/country/nicaragua/freedom-net/2024
- https://web.archive.org/web/20250927053902/https://www.state.gov/reports/2025-investment-climate-statements/nicaragua/
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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
Since March 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Nicaragua has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
NICARAGUA
Reported in 2022, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
Complains of requirement to disclose trade secrets
It is reported that, from 2019 onward, Nicaragua’s Customs Authority (Dirección General de Aduanas, DGA) began systematically requiring importers to provide proof of origin for products that had previously been treated as originating in the United States, including through the use of detailed questionnaires seeking extensive product information. Multiple businesses report that the information requested may include proprietary business data or trade secrets.
Businesses have reportedly sought to agree on alternative means of substantiating origin without disclosing sensitive information, including site visits to production facilities and interviews with relevant staff. However, it is reported that the DGA has rejected such arrangements and, in several cases, has initiated administrative proceedings to withdraw preferential tariff treatment and to claim retroactive duties for periods during which the products were imported under preferential treatment.
Businesses have reportedly sought to agree on alternative means of substantiating origin without disclosing sensitive information, including site visits to production facilities and interviews with relevant staff. However, it is reported that the DGA has rejected such arrangements and, in several cases, has initiated administrative proceedings to withdraw preferential tariff treatment and to claim retroactive duties for periods during which the products were imported under preferential treatment.
Coverage Horizontal
NICARAGUA
Since September 2000, last amended in April 2020
Since June 2007, entry into force in July 2008
Since June 2007, entry into force in July 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law No. 354 on Patents, Utility Models and Industrial Designs (Ley No. 354 - Ley de Patentes de Invención, Modelo de Utilidad y Diseños Industriales)
Criminal Code - Law No. 641 (Codigo Penal - Ley No. 641)
Criminal Code - Law No. 641 (Codigo Penal - Ley No. 641)
Act No. 354 provides a legal framework for the protection of trade secrets. Chapter XVIII addresses unfair competition and includes provisions defining trade secrets (Arts. 122–123), establishing civil actions to cease or prevent unlawful acts and to obtain compensation for damages (Art. 126), and providing for criminal penalties (Art. 132). In addition, Arts. 275–277 of the Criminal Code criminalise: (i) the misappropriation of trade secrets; (ii) the unlawful disclosure or exploitation of a trade secret by a person subject to a duty of confidentiality; and (iii) the use of a trade secret obtained unlawfully.
Coverage Horizontal
NICARAGUA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Nicaragua to deliver telecom services to end users. However, it is reported that passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
NICARAGUA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Nicaragua does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2025. Pursuant to Art. 110 of the General Act on Convergent Telecommunications (Law No. 1223), SMP operators and service providers must provide information on costs, revenues, and assets disaggregated by service, based on a regulatory accounting system they are required to implement in accordance with the rules issued by the Nicaraguan Institute of Telecommunications and Postal Services (TELCOR) for that purpose.
Coverage Telecommunications sector
NICARAGUA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Nicaragua has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
NICARAGUA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
The country has a telecommunications authority: The Nicaraguan Institute of Telecommunications and Post (TELCOR). However, it is reported that the decision-making process of this entity is not fully independent from the government. Art. 1 of Decree-Law No. 1053 - Organic Law of the Nicaraguan Institute of Telecommunications and Postal Services establishes the TELCOR as the main regulatory body for telecommunications providers. The Institute is meant to operate as a decentralised entity with independent assets. However, it is reported that TELCOR fails to uphold the principles of neutrality and independence, as it is essentially a government institution that responds to government policies.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230322053434/https://www.palermo.edu/cele/pdf/Regulaciones/NicaraguaLeyrganicaTelcor(1982).pdf
- https://web.archive.org/web/20231119045845/http://www.poderjudicial.gob.ni/pjupload/archivos/documentos/LA_CONSTITUCION_POLITICA_Y_SUS_REFORMAS(3).pdf
- https://app.gen5.digital/tracker/country-cards/Nicaragua
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NICARAGUA
Since March 2011, entry into force in March 2012
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law No. 787 - Personal Data Protection Law (Ley No. 787 - Ley de Protección de Datos Personales)
According to Art. 14 of the Personal Data Protection Law, the assignment and transfer of personal data of any kind to countries or international organisations that do not provide adequate levels of security and protection is prohibited. Art. 14 further states that the transfer to foreign countries is allowed in certain circumstances, including international judicial collaboration, exchange of personal data in health matters, bank or stock transfers, agreed transfer within international treaties, or international cooperation between intelligence agencies regarding crimes regulated in Law No. 735 for the prosecution of organised crime.
Coverage Horizontal
