Database

Browse Database

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

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 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
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[{"post_id":"64400"},{"post_id":"64401"},{"post_id":"64402"}]
"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 = 'DO')\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 = 'DO')\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":"0.50"}]

DOMINICAN REPUBLIC

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
2.49%
Coverage rate of zero-tariffs on ICT goods (%)
78.28%
Coverage: Digital goods

DOMINICAN REPUBLIC

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
The Dominican Republic is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

DOMINICAN REPUBLIC

Since August 2006, last amended in December 2006

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Law No. 340-06 on Government Procurement and Contracting of Goods, Services, Works and Concessions (Ley No. 340-06 sobre Compras y Contrataciones de Bienes, Servicios, Obras y Concesiones)
Art. 16 of Law No. 340-06 provides that public tenders may be international in the following cases:
- When the purchase or contracting is covered by a treaty or agreement in force between the Dominican Republic and another State or multilateral or bilateral credit agency;
- When, previously, a technical evaluation indicates that the national bidders do not have sufficient capacity to provide the goods or services or execute the projects or works;
- When a previous national public tender has been declared void.
Coverage Horizontal

DOMINICAN REPUBLIC

Since December 2008

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 488-08 (Ley No. 488-08)
Law No. 488-08 establishes a regulatory regime for the development and competitiveness of MSMEs. According to Art. 25, state institutions must reserve 15% of purchases of goods and services to national MSMEs. Moreover, Art. 26 establishes that when MSMEs are managed by women who have a shareholding or capital stock of more than 50%, then the percentage of purchases by state institutions reserved for MSMEs goes up to 20%.
Coverage Horizontal

DOMINICAN REPUBLIC

Since September 2012

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Decree No. 543-12 which establishes the Regulations of the Law on Procurement and Contracting of Goods, Services, Works and Concessions, and repeals Regulation No. 490-07 of August 30, 2007. G. O. No. 10694 of September 15, 2012. (Decreto No. 543-12 que establece el Reglamento de la Ley sobre Compras y Contrataciones de Bienes, Servicios, Obras y Concesiones, y deroga el Reglamento No. 490-07 del 30 de agosto de 2007. G. O. No. 10694 del 15 de septiembre de 2012)
According to Art. 25 of Decree No. 543-12, in order for a foreign individual or legal entity to participate in contracts for the execution of works or to be contracted by the Dominican State, it must be associated with a national or mixed capital.
Coverage Horizontal

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