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FINLAND

Since July 2020
Since 2002

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Act 458/2002, on Information Society Services and Electronic Commerce
The Directive 2000/31/EC (E-Commerce Directive) is the legal basis governing the liability of Internet Services Providers (ISPs) in the EU Member States and includes a conditional safe harbor. Not all Member States have transposed the relevant articles consistently, leading to divergent national case law that could cause legal insecurity on an EU level.
In Finland, the Act 458/2002 on Information Society Services and Electronic Commerce implements the E-Commerce Directive almost verbatim, but at the same time it has some important distinctions such as not implementing Art. 15 on prohibition of monitoring obligations.
Coverage Internet Services Providers

FINLAND

Since 2015

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Information Society Code (917/2014)
Chapter 19 of the Information Society Code allows the Ministry of the Interior to request retention obligations of telecommunications providers without a judicial warrant. These retention obligations require telecommunications providers to retain traffic and location data for certain individuals or between 6-12 months, depending on the type of data, for use by the authorities in solving certain criminal acts. While the contents of communications cannot be accessed by authorities, Chapter 19 gives the Finnish government the ability to amend certain retention obligations by Government Decree. Thus, Chapter 19 essentially allows Finnish authorities to access personal traffic and location data for individuals suspected of committing certain crimes without a warrant.
Coverage Telecommunications sector

FINLAND

Since March 2006, invalidated in April 2014
In April 2014
Since January 2015

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others

Finnish Information Society Code (917/2014)
Under the Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union (ECJ) declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.
In Finland, data retention laws are still in force but as of 2021 are under review. Chapter 19 of the Information Society Code authorizes the Finnish Ministry of the Interior to request data retention obligations of telecommunications providers. The retention obligations require telecommunications providers to retain traffic and location data for individuals under investigation for certain crimes for a period of 6-12 months, depending on the type of data. It is also true that following the ECJ ruling invaliding the Data Retention Directive, the scope and the application of the Finnish Information Society Code is limited. For instance, it does not include website browsing. Moreover, small operators are not required to retain their data. The data retention period goes from six months to 12 months, according to the category of the data.
Coverage Telecommunication sector

FINLAND

Since December 1997, last amended in December 2016

Pillar Cross-border data policies  |  Sub-pillar Local storage requirement
Accounting Act 1336/1997
The Accounting Act (Chapter 2, Sections 7 and 9) requires that a copy of the accounting records be kept within Finland. Alternatively, the records can be stored in another EU country if a real-time connection to the data is guaranteed.
Coverage Horizontal

FINLAND

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Finland has a telecommunications authority: the Finnish Transport and Communications Agency (FICORA). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

FINLAND

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that there is no requirement for functional separation for operators with significant market power in the telecom market. However, accounting separation is required in certain cases.
Coverage Telecommunications sector

FINLAND

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom market
It is reported that the State of Finland owns 17.59% of the shares of Elisa Corporation. Elisa Corporation is one of the leading telecommunications service providers in the country and offers a wide range of services, including mobile telephony, broadband services, cable television, data services and business solutions.
Coverage Telecommunications sector

FINLAND

Since May 2014

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated in Estonia, and it is practiced in the mobile and fixed sectors based on commercial agreements. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Horizontal

FINLAND

Since June 2016
Since August 2018

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Trade Secrets Act (595/2018) (Lag om företagshemligheter)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Finland transposed the Directive through a series of amendments to existing legislation in 2018, as well as with the Trade Secrets Act (595/2018) of 2018.
Coverage Horizontal

FINLAND

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Finland has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

FINLAND

Since March 2010

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Finland has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

FINLAND

Since October 1980

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Finland is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

FINLAND

Since May 2001

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC

Finnish Copyright Act
There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Finnish Copyright Act implements the Directive, with Chapter 2 of the Act enumerating the limitations on copyright protections.
Coverage Horizontal

FINLAND

Since March 2019
Since June 2012, amended in October 2020

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments

Act on the Monitoring of Foreign Corporate Acquisitions
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
The Act on the Monitoring of Foreign Corporate Acquisitions gives the Finnish Ministry of Economic Affairs and Employment (TEM) the ability to screen foreign investment. If the TEM believe an investment jeopardizes "vital national interests", which was amended in 2020 to include "securing military national defence, functions vital to society, national security and foreign and security policy objectives, and safeguarding public order and security in accordance with Articles 52 and 65 of the Treaty on the Functioning of the European Union", the matter is referred to the Council of State. Additionally, all acquisitions in the defense sector, which includes dual-use items, must receive prior approval from TEM.
Coverage Horizontal

FINLAND

Since 2006, last amended in 2019

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Limited Liabilities Company Act
The Limited Liabilities Company Act states that at least one of the members of the Board of Directors must be a resident of the European Economic Area (EEA), unless an exemption is granted by the regulatory authority. Furthermore, the managing director must also be a resident of the EEA.
Coverage Horizontal

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