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GEORGIA

Since March 2006, last amended in June 2022

Pillar Intermediary liability  |  Indicator User identity requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
According to Art. 5.1 of Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, electronic-communication service providers must record and keep information concerning consumers, including the name and surname of the consumer. It is also reported that mobile network operators must collect and store a user's personal information and proof of identity for SIM card registration.
Coverage Telecommunication services

GEORGIA

Since March 2006, as amended in November 2007, last amended in June 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
In accordance with Art. 10.2 (c) of Resolution No. 3 of the Georgian National Communications Commission on the Approval of the Regulations in Respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, the owner of an Internet site must periodically review any links on the site to ensure that the linked content does not contain offensive or inappropriate material. If such material is found, the site owner must take appropriate measures to remove it.
It is reported that individuals or entities who own a website are required to conduct regular monitoring of their web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
Coverage Internet sites

GEORGIA

Since March 2006, as amended in November 2007, last amended in June 2022

Pillar Intermediary liability  |  Indicator Monitoring requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
According, Art. 10.3 of Resolution No. 3 of the Georgian National Communications Commission on the Approval of the Regulations in Respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, Internet domain issuers must periodically review the content of the websites registered under their domain to prevent the hosting of inappropriate material. Upon discovering such content, the domain issuer must promptly (a) warn the domain owner and set a deadline for the removal of the inappropriate material and (b) block the Internet site if the warning is ignored.
It is reported that individuals or entities who manage an Internet domain are required to conduct regular monitoring of the web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
Coverage Internet domain issuers

GEORGIA

Since February 1998, last amended in November 2023

Pillar Content access  |  Indicator Restrictions on online advertising
Law of Georgia No. 1228 on Advertising (საქართველოს კანონი № 1228 რეკლამის შესახებ)
Pursuant to Art. 4 of Law No. 1228, advertisements are required to be in the Georgian language, and any trademarks in a foreign language must be accompanied by Georgian text. However, it remains unclear whether these restrictions extend to online advertising.
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 Other import restrictions, including non-transparent/discriminatory import procedures
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 import of "Dual-Purpose Products" included in the "control lists" outlined in Art. 2(p) is carried out on the basis of an import 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

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

GEORGIA

Since December 1991

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Georgia is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.
Coverage Horizontal

GEORGIA

Since August 1999, last ameded in December 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law of Georgia No. 2112 on Copyright and Related Rights (საქართველოს კანონი № 2112 საავტორო და მომიჯნავე უფლებების შესახებ)
Georgia has a copyright regime under the Law on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, limiting lawful use by others. Chapter III lists exceptions, including the use of a copyrighted work for personal use (Art. 21), reprographic reproduction by libraries (Art. 22), and educational or informational purposes (Art. 23), among others.

GEORGIA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Georgia. Online piracy in the country is widespread across various sectors, including the distribution of films, series, music, video games, and software. The prevalence of pirated content negatively impacts numerous stakeholders in the private sector by discouraging both domestic and foreign investments and limiting revenue generation for audiovisual producers and firms involved in post-production and distribution. Moreover, Georgia is reported to have one of the highest global piracy rates, with 91% of software being illegally used.
Coverage Audiovisual services, video game, software

GEORGIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Georgia has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

GEORGIA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Georgia has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GEORGIA

Since July 1999, as amended in December 2005, last amended in June 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Mandatory disclosure of business trade secrets such as algorithms or source code
General Administrative Code of Georgia (საქართველოს ზოგადი ადმინისტრაციული კოდექსი)
Under Art. 37 of the General Administrative Code, as amended by Art. 1 of the Law of Georgia No. 2542 (On Adding Amendments to the General Administrative Code), public institutions are required to share personal data or commercial secrets with another public institution upon a written request, if necessary to resolve a specific issue. In such cases, the requesting institution must obtain and provide written consent from the individual whose personal data or commercial secrets are being disclosed.
Additionally, under Art. 99, an interested party in administrative proceedings is entitled to access case materials, with the exception of intra-agency documents related to the preparation of an individual administrative act. If the interest in accessing these materials outweighs confidentiality concerns, documents containing commercial secrets may be disclosed, provided such access is authorised by law or a court decision. Copies of these materials may only be provided under similar legal or judicial authorisation.
Although the law does not explicitly mention algorithms or source codes, Art. 27.1 provides a broad definition of commercial secrets. This includes any information about a plan, formula, process, or means of commercial value, or any other information used for manufacturing, preparation, or processing of goods, rendering of services, and/or information that represents a novelty or significant technical achievement, and other information that may prejudice the competitiveness of a person if disclosed.
Coverage Horizontal

GEORGIA

Since July 1999, last amended in June 2023
Since November 1997
Since August 1999, last amended in June 2024
Since August 1995, as amended in March 2018, last amended in June 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
General Administrative Code of Georgia (საქართველოს ზოგადი ადმინისტრაციული კოდექსი)

The Civil Code of Georgia (საქართველოს სამოქალაქო კოდექსი)

Law of Georgia No. 2287, Criminal Code of Georgia (საქართველოს კანონი No. 2287, საქართველოს სისხლის სამართლის კოდექსი)

Constitutional Law of the Republic of Georgia (საქართველოს რესპუბლიკის კონსტიტუციური კანონი)
Georgia has a comprehensive framework regulating trade secrets, which has been established by several laws. According to the General Administrative Code (Art. 27), a commercial secret is defined as information that, if disclosed, could harm the competitive position of an entity and is thus protected from such disclosure. The Civil Code (Art. 1105) grants entrepreneurs exclusive rights over technological, organisational, or commercial information, ensuring its confidentiality. The Criminal Code (Art. 202) imposes penalties for the illegal collection, disclosure, or use of commercial secrets. Additionally, the Constitutional Law of the Republic of Georgia (Art. 18) guarantees that public institutions protect commercial and professional secrets.
Coverage Horizontal

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