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 Signatures
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 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
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
ESTONIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since 2010
Since 2010
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Media Services Act 2010
Media Services Act 2010
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13(1) provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works through facilitating access to such works using any appropriate means to ensure prominence of European works. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
Estonia has implemented Article 13 via the Media Services Act. For European works, Section 8(3) Broadcasters shall reserve at least 51% of their transmission time (excluding the time allotted to news, sports events, competitive entertainment programmes, advertising, teleshopping and teletext services) for European works. For European works independent from broadcasters, Section 8(4) Broadcasters shall reserve at least 10% of their transmission time (excluding the time allotted to news, sports events, competitive entertainment).
Estonia has implemented Article 13 via the Media Services Act. For European works, Section 8(3) Broadcasters shall reserve at least 51% of their transmission time (excluding the time allotted to news, sports events, competitive entertainment programmes, advertising, teleshopping and teletext services) for European works. For European works independent from broadcasters, Section 8(4) Broadcasters shall reserve at least 10% of their transmission time (excluding the time allotted to news, sports events, competitive entertainment).
Coverage On-demand audiovisual service
ESTONIA
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Ban of application
The Estonian government issues sanctions on Russian app Yandex. The reason provided is that individuals using the application Yandex must provide access to a considerable amount of personal data, which is processed by the company on the servers located in Russia. To prevent the collection and use of Estonian data by the Russian authorities, the government is banning the application, requiring app stores to restrict downloads of the Yandex application.
Coverage Yandex
ESTONIA
Since April 2022
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of Russian websites
Current tensions with Russia has induced the Estonian regulatory authority to block Russian websites for geo-political reasons. It is reported that in February 2022, the Consumer Protection and Technical Regulatory Authority (TTJA) ordered telecommunications operators to restrict online broadcasting of six pro-Kremlin TV channels, including RTR-Planeta, RTVI, Rossiya 24, REN TV, NTV Mir, and PBK, for twelve months in an effort to limit Russian war propaganda. In March 2022, the TTJA ordered the blocking of another TV channel RBK (RBC TV), seven websites (ntv.ru, ren.tv, 5-tv.ru, 78.ru, 1tv.com, lenta.ru, and tass.ru.), and 12 internet channels, whose “content incites to commit offenses towards national security and national defense, to the detriment of the security of society,” according to a TTJA press release.
Coverage Online broadcasting
ESTONIA
Since July 2020
Since May 2004
Since May 2004
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Information Society Services Act
Information Society Services Act
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.
The Information Society Services Act (ISSA) is based on the EU e-Commerce Directive (Directive 2000/31/EC).
The Information Society Services Act (ISSA) is based on the EU e-Commerce Directive (Directive 2000/31/EC).
Coverage Internet Services Providers
ESTONIA
Since July 2020
Since May 2004
Since May 2004
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Information Society Services Act
Information Society Services Act
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.
The Information Society Services Act (ISSA) is based on the EU e-Commerce Directive (Directive 2000/31/EC).
The Information Society Services Act (ISSA) is based on the EU e-Commerce Directive (Directive 2000/31/EC).
Coverage Internet Services Providers
ESTONIA
Since 2006
In 2014
Since 2005, last amended in 2022
In 2014
Since 2005, last amended in 2022
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
Law on Electronic Communications
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Law on Electronic Communications
Under the EU 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 declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.
In Estonia, the Law on Electronic Communications requiring traffic and location data retention remains in place. § 111 and § 112 provide for the requirement of communications undertakings to retain various communications metadata (including, but not limited to, location data) for the period of one year from the date of the communication.
In Estonia, the Law on Electronic Communications requiring traffic and location data retention remains in place. § 111 and § 112 provide for the requirement of communications undertakings to retain various communications metadata (including, but not limited to, location data) for the period of one year from the date of the communication.
Coverage Electronic communications
Sources
- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://www.riigiteataja.ee/en/eli/518032022002/consolide
- https://curia.europa.eu/juris/document/document.jsf;jsessionid=F753906879D0687CEBD9A89ED3922875?text=&docid=238381&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=8874935
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ESTONIA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
Estonia has a telecommunications authority: the Consumer Protection and Technical Regulatory Authority (ETRA). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector
ESTONIA
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 (SMP) in the telecom sector. However, accounting separation is required in certain cases.
Coverage Telecommunications sector