Database

Browse Database

FIJI

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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)
Fiji is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

FIJI

Since June 2021, entry into force in August 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Investment Act 2021
Fiji’s foreign investment regime is governed by the Investment Act 2021, which establishes an open investment framework. According to Art. 10 of the Act, investors are free to invest in all sectors and regions in Fiji.
Coverage Horizontal

FIJI

Since June 2021, entry into force in August 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Investment Act 2021
According to Art. 7 of the Investment Act 2021, the minister responsible for investment may prohibit a foreign direct investment for the protection of national security interests. A foreign investor intending to invest in a sector that may have potential effects on, inter alia (i) critical infrastructure such as energy, transport, communications, data storage or financial infrastructure; (ii) critical technologies such as artificial intelligence, robotics, semiconductors, technology with potential dual use application, cyber security; (iii) the security of supply of critical inputs; or (iv) access to sensitive information or the ability to control sensitive information, must submit a proposal of the investment to the Minister for an approval to invest in that sector.
According to reports, the Investment Regulation 2022 outline a detailed process for the prior screening system. However, the full legal text is not currently available online.
Coverage Critical sectors

FIJI

Since June 2021, entry into force in August 2022
Since August 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Investment Act 2021

Investment (Reserved and Restricted Activities) Regulation 2022
According to Art. 5 of the Investment Act 2021, the minister responsible for investment, with the approval of Cabinet and following consultations with relevant stakeholders, must prescribe by regulation a comprehensive and exclusive list of reserved and restricted activities. In the case of restricted activities, the regulation may establish a minimum investment threshold, an ownership ceiling, whether general or activity-specific, or any other measure considered effective in achieving its intended objective.
Pursuant to Section 3 of the Investment (Reserved and Restricted Activities) Regulation 2022, the minimum capital requirement for foreign investment is set at FJD 300,000 (approx. USD 134,000). However, certain activities listed under Schedule 1 of the restricted activities are subject to higher thresholds. The current version of the Schedule 1 does not include any activity related to digital trade.
Coverage Horizontal

FIJI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Fiji is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GEORGIA

Since April 2022

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Law of Georgia No. 1455-VIIIMS-XMP on the Protection of Consumer Rights (საქართველოს კანონი 1455-VIIIმს-Xმპ მომხმარებლის უფლებების დაცვის შესახებ)
The Law on Consumer Rights provides a comprehensive framework for consumer protection that also applies to online transactions. Arts. 4(d), 10, and 12 include provisions for the protection of e-consumers.
Coverage Horizontal

GEORGIA

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
Georgia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

GEORGIA

N/A

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

GEORGIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Georgia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

GEORGIA

Since December 2013, last amended in June 2019
Since June 2005, last amended in July 2024
Since June October 2014, last amended in November 2015

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Export restrictions on ICT goods or online services
Law of Georgia No. 1683-Iს on the Control of Military and Dual-Use Goods (საქართველოს კანონი 1683-Iს სამხედრო და ორმაგი დანიშნულების პროდუქციის კონტროლის შესახებ)

Law of Georgia No. 1775 on Licences and Permits (საქართველოს კანონი 1775 ლიცენზიებისა და ნებართვების შესახებ)

Resolution of the Government of Georgia No. 394 on approval of lists of military and dual-purpose products (საქართველოს მთავრობის დადგენილება 394 სამხედრო და ორმაგი დანიშნულების პროდუქციის ნუსხების დამტკიცების შესახებ)
According to Art. 5 of the Law of Georgia on the Control of Military and Dual-Use Goods, the export of "Dual-Purpose Products" included in the "control lists" outlined in Art. 2(p) is carried out on the basis of an export permit issued in accordance with the Law of Georgia on Licences and Permits, as specified in its Art. 24. Dual-purpose products, as defined in Art. 2(m), include computer software and technologies that serve both civil and military purposes.
The control list, detailed in the Government of Georgia's Resolution No. 394 on the Approval of Lists of Military and Dual-Purpose Products, includes semiconductor photocathodes, electro-optical converters, optical fibre, and optical fibre connectors, among other products. Additionally, Section 21 of Resolution No. 394 provides specific information about the types of software that fall under the licensing regime.
Coverage Dual-use goods, including computer software, semiconductor photocathodes, optical fiber, optical fiber connectors, electro-optical converters

GEORGIA

Reported in 2021, last reported in 2023

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is permitted for radio transmission, electromagnetic interference (EMI), and electromagnetic compatibility (EMC). Foreign companies are authorised to self-certify compliance with these standards through a Supplier Declaration of Conformity (SDoC). The registration of the equipment with the regulatory authority is not required, nor is testing by an accredited laboratory mandatory. In cases where testing is conducted, the selection of the testing laboratory is at the discretion of the supplier or manufacturer.
Coverage Electronic products

GEORGIA

Since June 2019, last amended in April 2023

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Customs Code of Georgia
According to Art. 185 of the Customs Code of Georgia, the importation of goods whose total value does not exceed the threshold of GEL 300 (approx. USD 111), with the exception of alcoholic products, perfumes, toilet water, tobacco and tobacco products, are exempt from import duties. This threshold is lower than the USD 200 threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

GEORGIA

Since June 2023, entry into force in June 2024
Since December 2011, until 2024

Pillar Domestic data policies  |  Indicator Framework for data protection
Law of Georgia on Personal Data Protection, No. 3144 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)

Data Protection Act No. 5669 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Law No. 3144 provides a comprehensive regime of data protection in Georgia. The Law aims to bring Georgian legislation on personal data protection into closer alignment with the EU General Data Protection Regulation (GDPR) by establishing obligations such as the appointment of a data protection officer (DPO) and the conducting of a data protection impact assessment (DPIA), as well as requirements regarding data breach notifications, data subject rights, and international data transfers. Law No. 3144 superseded the Data Protection Act of 2011 (No. 5669), with effect starting from June 2024.
Coverage Horizontal

GEORGIA

Since March 2006, last amended in June 2022

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Regulations on the Rules of Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications - Resolution No. 3 of the Georgian National Communications Commission (რეგლამენტი ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდების წესებისა და მომხმარებელთა უფლებების დაცვის - საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება №3)
Art. 7 of Resolution No. 3 of the Georgian National Communications Commission "Regulations on the Rules of Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications" addresses the information concerning the user that the service provider retains. The service provider must safeguard the following categories of user information for a period of four years: (a) the user's identification and contact details; (b) data related to the equipment or devices transferred to or used by the subscriber; (c) agreements or transactions related to service delivery; (d) payment information; (e) details of services received or provided, including a comprehensive record of incoming and outgoing telephone communications. Art. 3 defines a service provider as an operator of an electronic communications network or an authorised person who has access to the relevant elements or resources thereof and intends to, or is engaged in, provide electronic communication services through the elements or resources of the said network.
An article concerning the information retained by service providers about consumers has been included in the Regulations since its initial version. However, it was originally listed as Art. 5, and there were some variations in the specific data categories and the duration of data retention.
Coverage Telecommunications sector

GEORGIA

Since June 2023, entry into force in June 2024

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law of Georgia on Personal Data Protection, No. 3144 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Art. 31 of Law No. 3144 requires data controllers to conduct data protection impact assessments (DPIAs) in cases where there is a high probability of threat of violation of fundamental human rights and freedoms during data processing, taking into account new technologies, categories, the volume of data, and the purposes and means of data processing. In addition, a DPIA is mandatory if the data controller : (i) makes decisions in a fully automated manner, including on the basis of profiling, which may have legal, financial, or other significant consequences for a data subject; (ii) processes data of a special category of a large number of data subjects; or (iii) carries out systematic and large-scale monitoring of data subjects' behaviour in places of public gathering. In the case of a substantial change in data processing, the controller is obliged to update the DPIA report and keep it for the entire period of data processing and for at least one year after termination of processing.
Coverage Horizontal

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