FINLAND
Since May 2014
Pillar Telecom infrastructure and 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
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)
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 Copyright Treaty
WIPO Copyright Treaty
Finland has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
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 May 2001
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Finnish Copyright Act
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.
The Finnish Copyright Act implements the Directive, with Chapter 2 of the Act enumerating the limitations on copyright protections.
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 March 2019
Since June 2012, amended in October 2020
Since June 2012, amended in October 2020
Pillar Foreign Direct Investment (FDI) 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
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.
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
Sources
- https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://tem.fi/en/-/amendments-to-the-act-on-the-screening-of-foreign-corporate-acquisitions-ministry-of-economic-affairs-and-employment-to-become-a-national-contact-point
- https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3637/finland-amends-its-fdi-screening-regime
- https://www.state.gov/reports/2020-investment-climate-statements/finland/
- Show more...
FINLAND
Since 2006, last amended in 2019
Pillar Foreign Direct Investment (FDI) 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
FINLAND
Since March 2004, last amended in February 2014
Since December 2016
Since December 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
In Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
ESTONIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Estonia 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
ESTONIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Estonia 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
ESTONIA
Since June 2014
Since February 2004, last amended in December 2007
Since February 2004, last amended in December 2007
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act
Consumer Protection Act
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act. The Act includes provisions on the right to information, safety and quality of goods or services, unfair commercial practices. The Act also safeguards 'distance contracts'. E-commerce is regulated by the Estonian Consumer Protection and Technical Regulatory Authority.
Coverage Horizontal
ESTONIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Estonia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ESTONIA
Since February 1995, last amended in December 2022
Pillar Online sales and transactions |
Sub-pillar Local presence requirement for digital services providers
Estonia Commercial Code Chapter 27 § 63
It is required to appoint a local contact person if the residence of at least one-half of the directors of the branch of a foreign company are not in Estonia.
Coverage Horizontal
ESTONIA
Since 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
".ee" Domain Regulation
It is required to appoint an administrative contact for application for ".ee" domain name. The administrative contact has to be a citizen of Estonia with an Estonian personal identification code, or an European Economic Area (EEA) citizen.
Coverage Horizontal