DOMINICAN REPUBLIC
Since August 2012, entry into force in March 2013
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
UN Convention on the Use of Electronic Communications in International Contracts
Dominican Republic has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DOMINICAN REPUBLIC
Since September 2005
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
General Law for the Protection of Consumer or User Rights, No. 358-05 (Ley General de Protección de los Derechos del Consumidor o Usuario, No. 358-05)
Law No. 358-05 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal
DOMINICAN REPUBLIC
Since July 2005
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments (Decreto No. 402-05 que aprueba el Reglamento para el Despacho Expreso de Envíos)
According to Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200.
Coverage Horizontal
DOMINICAN REPUBLIC
Since November 2002
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Monetary and Financial Law No. 183-02 (Ley No. 183-02 Monetaria y Financiera)
According to Art. 29 of Law No. 183-02 foreign exchange brokerage may only be carried out by authorized financial brokerage entities and by Exchange Agents. Art. 30 states that to be an Exchange Agent it is necessary to be constituted as a joint stock company organized in accordance with the laws of the Dominican Republic, with the objects clause and the exclusive habitual activity of carrying out exchange intermediation in free market conditions in the national territory, as well as abroad under the modality of remittance company.
Coverage Horizontal
DOMINICAN REPUBLIC
Since May 1998
Pillar Technical standards applied to ICT goods, products and online services |
Sub-pillar Self-certification for product safety
General Telecommunications Law No. 153 (Ley General de Telecomunicaciones No. 153-98)
Self-certification is allowed for foreign businesses. According to chapter IX of the Telecommunications Law, Art. 61, any terminal, equipment or system likely to be connected to a public telecommunications network, or which uses the public telecommunications network, or which uses the public radio-electric domain, must have the corresponding have the corresponding homologation certificate. It is reported that the following products require INDOTEL’s approval: Tablets; Personal trackers; Wireless microphones; 3G/4G mobile phones; RFID equipment; Radio alarms; Laptops.
Coverage Tablets, Personal trackers, Wireless microphones, 3G/4G mobile phones, RFID equipment, Radio alarms. Laptops
DOMINICAN REPUBLIC
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Dominican Republic's law and jurisprudence.
Coverage Internet intermediaries
DOMINICAN REPUBLIC
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that the Dominican Republic imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
DOMINICAN REPUBLIC
Since 2007
Since January 2010
Since January 2010
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Dominican Republic-Central America Free Trade Agreement (CAFTA-DR)
Political Constitution of the Dominican Republic (Constitución Política de la República Dominicana)
Political Constitution of the Dominican Republic (Constitución Política de la República Dominicana)
Chapter XV of the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) of 2007 between the United States of America, Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua devotes its Art. 27 to the limitations of liability of intermediaries for copyright infringement in the digital environment. This is applicable in the country by mandate of Art. 26.2 of the Constitution of the Republic, which establishes that the rules in force of ratified international conventions shall govern internally. However, it is reported that, in practice, there have been cases in 2013 in which the courts have considered that companies liable not only for violating copyright, but also for the mere fact of hosting the website where the infringement takes place and therefore encouraging the infringement through its economic sponsorship.
Coverage Internet intermediaries
Sources
- https://ustr.gov/trade-agreements/free-trade-agreements/cafta-dr-dominican-republic-central-america-fta/final-text
- https://dominicana.gob.do/index.php/recursos/2014-12-16-21-02-56/category/3-constitucion-y-leyes-rd?download=22:constitucion-de-la-republica-2010
- https://www.internetsociety.org/wp-content/uploads/2020/09/Latam-Survey-Report.pdf
- https://observatoriop10.cepal.org/es/instrumento/constitucion-la-republica-dominicana
- Show more...
DOMINICAN REPUBLIC
Since December 2013
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Personal Data Protection Law No. 172-13 (Ley No. 172-13 sobre Protección de Datos Personales)
Personal Data Protection Law No. 172-13 provides a comprehensive framework for data protection.
Coverage Horizontal
DOMINICAN REPUBLIC
Since December 2013
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Personal Data Protection Law No. 172-13 (Ley No. 172-13 sobre Protección de Datos Personales)
Under Art. 80 of the Law No. 172-13, personal data may only be transferred internationally if the owner of the data expressly authorizes such transfer, or if such transfer is necessary for the performance of a contract between the owner of the data and the person or entity responsible for the treatment of the personal data. Data transfer is considered a form of 'treatment' of personal data under Art. 6.20 of Law.
Coverage Horizontal
DOMINICAN REPUBLIC
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of accession to agreements with binding commitments to open data transfers across borders
The Dominican Republic has not acceded to any agreement with binding commitments to open data transfers across borders. However, Art. 13.2 of DR-CAFTA provides that "Each Party shall ensure that enterprises of another Party may use public telecommunications services for the movement of information in its territory or across its borders and for access to information contained in databases or otherwise stored in machine-readable form in the territory of any Party". Notwithstanding the foregoing, "a Party may take such measures as are necessary to: (a) ensure the security and confidentiality of messages; or (b) protect the privacy of non-public personal data of subscribers to public telecommunications services, subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services".
Coverage Horizontal
DOMINICAN REPUBLIC
Since April 1997
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
The Dominican Republic has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
DOMINICAN REPUBLIC
Since May 1998
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Law No. 153/1998. General Telecommunications Law (Ley N° 153/1998. Ley General de las Telecomunicaciones)
According to Art. 76 of the General Telecommunications law, the Dominican Telecommunications Institute (INDOTEL), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
DOMINICAN REPUBLIC
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
The Dominican Republic does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation since 2019. According to Art. 30 of the Law No. 153/1998 - General Telecommunications Law (Ley N° 153/1998 - Ley General de las Telecomunicaciones), in case a concessionaire provides several public telecommunications services, it must keep separate accounts for each service, in order to enable the control of fair and effective competition.
Coverage Telecommunications sector
DOMINICAN REPUBLIC
Since February 2019
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Resolution No. 089-17, modified by Resolution No. 005-19: General Regulations for the Sharing of Passive Infrastructure and Related Telecommunications Facilities (Resolución No. 089-17, modificada por la resolución No. 005-19: Reglamento General de Compartición de Infraestructuras Pasivas y Facilidades Conexas de Telecomunicaciones)
There is an obligation for passive infrastructure sharing in the country to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements. According to Art. 5 of the Infrastructure Sharing Regulation passive infrastructure providers shall share passive infrastructures or related facilities requested by the requesting providers, provided that such sharing is feasible from the technical, security and operational point of view. Such sharing shall be done in a non-discriminatory manner, at fair and reasonable prices and conditions. Infrastructure owners shall facilitate access to such infrastructure on equal, transparent and non-discriminatory terms to providers that install or operate public telecommunications networks. Infrastructure sharing is effective in both the mobile and fixed sectors.
Coverage Telecommunications sector