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
Sources
DOMINICAN REPUBLIC
Since 2007
Since January 2010
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)
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
Sources
- https://web.archive.org/web/20231203114128/https://ustr.gov/trade-agreements/free-trade-agreements/cafta-dr-dominican-republic-central-america-fta/final-text
- https://web.archive.org/web/20220115225457/https://dominicana.gob.do/index.php/recursos/2014-12-16-21-02-56/category/3-constitucion-y-leyes-rd?download=22:constitucion-de-la-republica-2010
- https://web.archive.org/web/20220620225403/https://www.internetsociety.org/wp-content/uploads/2020/09/Latam-Survey-Report.pdf
- https://web.archive.org/web/20230930170802/https://observatoriop10.cepal.org/es/instrumento/constitucion-la-republica-dominicana
- Show more...
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
Sources
DOMINICAN REPUBLIC
Since 2006, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that public procurement in the Dominican Republic is not carried out in a transparent manner and that corruption is a problem.
Coverage Horizontal
DOMINICAN REPUBLIC
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)
The Dominican Republic is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2022.
Coverage Horizontal
DOMINICAN REPUBLIC
Since November 1995
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Law No. 16-95 on Foreign Investment in the Dominican Republic (Ley No. 16-95 sobre Inversión Extranjera en República Dominicana)
Law No. 16-95 on Foreign Investment in the Dominican Republic permits full foreign ownership (100%) across all sectors relevant to digital trade.
Coverage Horizontal
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
DOMINICAN REPUBLIC
Since May 2007
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
The Dominican Republic is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
DOMINICAN REPUBLIC
Since August 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 65-00 on Copyright (Ley No. 65-00 sobre Derecho de Autor)
The Dominican Republic has a copyright regime under the law No. 65-00. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-44 list the exceptions, which include the reproduction of: news that have the character of mere press information; speeches made in deliberative assemblies or public meetings, works for educational or scientific purposes, among others.
Coverage Horizontal
DOMINICAN REPUBLIC
Reported in 2020, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the Dominican Republic. There are concerns about online and signal piracy, including the lack of intellectual property prosecutions by the Specialized Prosecutor's Office against High Technology Crimes and offences.
Coverage Horizontal
DOMINICAN REPUBLIC
Since January 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
DOMINICAN REPUBLIC
Since January 2006
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
DOMINICAN REPUBLIC
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre Propiedad Industrial)
Law No. 20-00 provides a framework for effective protection of trade secrets. Chapters I and II of Title VI include a definition and conditions to protect a secret, what constitutes unfair competition related to trade secrets, what are the unfair means of access to a trade secret, information for sales authorisation and the actions that may be brought against this act of unfair competition.
Coverage Horizontal