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, products 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, products and online services |
Sub-pillar Import ban applied on ICT goods, products and 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 harbor 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 harbor 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 and competition |
Sub-pillar Presence of 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 and 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
ESTONIA
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 mobile 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 Telecommunications sector
ESTONIA
Since June 2016
Since November 2018, entry into force in December 2018
Since November 2018, entry into force in December 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) against their unlawful acquisition, use and disclosure
Restriction of Unfair Competition and Protection of Business Secrets Act
Restriction of Unfair Competition and Protection of Business Secrets Act
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. Estonia transposed the Directive through the Restriction of Unfair Competition and Protection of Business Secrets Act and through a series of amendments to the Penal Code, the Code of Criminal Procedure, and the Code of Civil Procedure.
Coverage Horizontal
ESTONIA
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Estonia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ESTONIA
Reported in 2021
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Estonia has high rates of software and content piracy. Several industries benefiting from copyright, and in particular the software industry, are concerned about the weak overall enforcement in Estonia. Moreover, TV piracy is especially common in the three Baltic countries (Latvia, Estonia, Lithuania). It was reported in 2021 that Estonia exhibited the highest number of monthly accesses to pirated content per user.
Coverage Horizontal
ESTONIA
Since March 2010
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Estonia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ESTONIA
Since August 1994
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Estonia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ESTONIA
Since May 2001
Since 2019
Since 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act
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 Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.
The Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.
Coverage Horizontal