Database

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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 & 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 & competition  |  Sub-pillar Presence of an 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 & 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 & 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

DOMINICAN REPUBLIC

Since May 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre Propiedad Industrial)
Law No. 20-00 provides a framework for effective protection of trade secrets. Chapters I and II of Title VI include a definition and conditions to protect a secret, what constitutes unfair competition related to trade secrets, what are the unfair means of access to a trade secret, information for sales authorization and the actions that may be brought against this act of unfair competition.
Coverage Horizontal

DOMINICAN REPUBLIC

Since January 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

DOMINICAN REPUBLIC

Reported in 2017 and 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in the Dominican Republic. There are concerns about online piracy, including the lack of intellectual property prosecutions by the Specialized Prosecutor's Office against High Technology Crimes and Offenses. In addition, it is reported that the rate of unlicensed software installation in the country was 74% in 2017 (above the 52% rate of the Latin American countries) for an estimated commercial value of USD 74 million.
Coverage Horizontal

DOMINICAN REPUBLIC

Since January 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
The Dominican Republic has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

DOMINICAN REPUBLIC

Since August 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law No. 65-00 on Copyright (Ley No. 65-00 sobre Derecho de Autor)
The Dominican Republic has a copyright regime under the law No. 65-00. However, the exceptions does not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 30-44 list the exceptions, which include the reproduction of: news that have the character of mere press information; speeches made in deliberative assemblies or public meetings, works for educational or scientific purposes, among others.
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 2007

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
The Dominican Republic is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Industrial Property Law No. 20-00 (Ley No. 20-00 sobre Propiedad Industrial)
According to Art. 148 of Law No. 20-00, when the applicant or the holder of an industrial property right has its domicile or headquarters outside the Dominican Republic, it must have a representative domiciled in the country who can be notified of all resolutions, correspondence, writings and any other documentation emanating from the National Office for Industrial Property.
Coverage Horizontal

DOMINICAN REPUBLIC

Since May 1992

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Nationality/residency requirement for directors or managers
Law 16-92: Labor Code and Complementary Norms (Ley 16-92: Código de Trabajo y Normas Complementarias)
Art. 144 of Law 16-92 establishes that the administrators, managers, directors and other persons exercising administrative or management functions must preferably be of Dominican nationality. On the other hand, its Art. 135 establishes that at least 80% of the total number of workers of a company must be composed of Dominicans. Art. 136 establishes that the salaries received by the Dominican workers of a company must amount, as a whole, to at least 80% of the value corresponding to the payment of all the personnel. Exempted from the provisions of this article are the salaries received by workers who perform technical, managerial or directorial tasks.
Coverage Horizontal

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