GHANA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Ghana is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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GHANA
Since December 2003, last amended in May 2016
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Public Procurement Act, 2003 (Act No. 663) as Amended by the Public Procurement (Amendment) Act, 2016 (Act No. 914)
According to Section 45.1 of the Ghana Procurement Act, international competitive tendering is required effective competition cannot be achieved in national competitive tendering without the participation of foreign firms. In addition, according to the Fifth Schedule of the Act, international competitive bidding must be used for the procurement of goods with a contract value threshold above GHS 10 million (approx 625,000 USD) and for technical services with a contract value threshold above GHS 5 million (approx. 300,000 USD). There are no value thresholds for other types of tendering methods, such as restricted and sole-source tendering, or for technical and consultancy services; however, their use is subject to approval by the Public Procurement Authority.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241106010455/https://ppa.gov.gh/wp-content/uploads/2019/01/Public-Procurement-Amendment-Act-2016-ACT663_RePrinted.pdf
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=2582633&id2=&id3=&sPath=0000000000000000000000000000000000000&mzMode=Modes1
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S427R1.pdf&Open=True
- https://ppa.gov.gh/online-documents/public-procurement-act/#1547047238046-473f4b22-2b01
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GHANA
Since December 2003, last amended in May 2016
Since December 2006
Since December 2006
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2003 (Act No. 663) as Amended by the Public Procurement (Amendment) Act, 2016 (Act No. 914)
Guidelines for Margins of Preference
Guidelines for Margins of Preference
The Public Procurement Act seeks to increase the competitiveness of domestic businesses by the application of a margin of preference. In accordance with Section 60.3, the Public Procurement Board is required to issue guidelines for implementing margins of preference for domestic contractors and suppliers of goods, works and services. The Guidelines that apply to current tenders open to international competitive bidding give a margin of price preference of 7.5% to 20% to domestic suppliers of goods and services.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241106010455/https://ppa.gov.gh/wp-content/uploads/2019/01/Public-Procurement-Amendment-Act-2016-ACT663_RePrinted.pdf
- https://web.archive.org/web/20231214043131/https://ppa.gov.gh/wp-content/uploads/2019/01/Margin-of-Preference.pdf
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20231207003636/https://www.lexology.com/library/detail.aspx?g=15c4666d-7638-477e-83dc-28a12755fdcf
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GHANA
Since December 2003, last amended in May 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Act, 2003 (Act No. 663) as Amended by the Public Procurement (Amendment) Act, 2016 (Act No. 914)
According to Art. 59 of the Ghana Public Procurement Act, certain aspects such as technology transfer, countertrade arrangements, and inclusion of local content may be considered when awarding tenders.
Coverage Horizontal
GERMANY
Since 2016
Pillar Online sales and transactions |
Indicator Restrictions on domain names
DENIC terms of service
According to the DENIC terms of service, §3 (4), ".de" domain holders not domiciled in Germany shall name an authorised representative domiciled in Germany within two weeks of a corresponding request by DENIC.
Coverage Horizontal
GERMANY
Since November 2020
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Interstate Media Agreement (Medienstaatsvertrag)
According to Art. 92 of the Interstate Media Agreement, providers of media intermediaries must designate an authorised recipient in Germany. Furthermore, according to Art. 115 of the law, a broadcaster also commits an administrative offence if it, as the provider of a media intermediary, does not designate an authorised recipient in Germany.
Coverage Media intermediaries
GERMANY
Since October 2017
Pillar Online sales and transactions |
Indicator Local presence requirements for digital services providers
Act to Improve Law Enforcement in Social Networks (NetzDG)
Under Section 5 of Act to Improve Law Enforcement in Social Networks (NetzDG), providers of social networks for which no other Member State is the country of establishment or is considered to be the country of establishment pursuant to Section 2 of the Digital Services Act must appoint an authorised representative in Germany and draw attention to this representative on their platform in an easily recognisable and directly accessible manner.
Coverage Media intermediaries
GERMANY
Since June 2014
Since July 2001
Since July 2001
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions (Federal Law Gazette I 2001 p. 1542) (Gesetz zur Anpassung der Formvorschriften des Privatrechts und anderer Vorschriften an den modernen Rechtsgeschäftsverkehr (Bundesgesetzblatt Jahrgang 2001 Teil I Nr. 35)
Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions (Federal Law Gazette I 2001 p. 1542) (Gesetz zur Anpassung der Formvorschriften des Privatrechts und anderer Vorschriften an den modernen Rechtsgeschäftsverkehr (Bundesgesetzblatt Jahrgang 2001 Teil I Nr. 35)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the "Law to Adapt the Formal Requirements of Private Law to Modern Legal Transactions."
Coverage Horizontal
GERMANY
N/A
Pillar Online sales and transactions |
Indicator 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
Germany has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
GERMANY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Germany 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
GERMANY
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Germany 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
GERMANY
Since April 2019
Since June 2021
Since June 2021
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Act on the Adaptation of Copyright Law to the Requirements of the Digital Single Market (Gesetz zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes)
Act on the Adaptation of Copyright Law to the Requirements of the Digital Single Market (Gesetz zur Anpassung des Urheberrechts an die Erfordernisse des digitalen Binnenmarktes)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters) under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million, and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790, the Bundestag has adopted the Act on the Adaptation of Copyright Law to the Requirements of the Digital Single Market, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790, the Bundestag has adopted the Act on the Adaptation of Copyright Law to the Requirements of the Digital Single Market, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20210928195709/https://www.bmjv.de/SharedDocs/Gesetzgebungsverfahren/Dokumente/Bgbl_UrhDaG.pdf?__blob=publicationFile&v=2
- https://web.archive.org/web/20210521071910/https://dip21.bundestag.de/dip21/btd/19/274/1927426.pdf
- https://web.archive.org/web/20240224154558/https://www.create.ac.uk/cdsm-implementation-resource-page/
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GERMANY
Since March 2010, entry into force in May 2010, last amended in 2018
Since April 2020, entry into force in November 2020
Since April 2020, entry into force in November 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Interstate Treaty on Broadcasting and Telemedia (Medienstaatsvertrag (MStV))
Interstate Treaty on Broadcasting and Telemedia (Medienstaatsvertrag (MStV))
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 by facilitating access to such works using any appropriate means to ensure their prominence. 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.
In Germany, the EU Directive was transposed into domestic law through the Interstate Treaty on Broadcasting and Telemedia. According to Art. 77 of the Treaty, to represent the diversity in the German-speaking and European regions and to promote European film and television productions, providers of television-like telemedia (VOD) must ensure that the proportion of European works in their catalogues is at least 30%.
In Germany, the EU Directive was transposed into domestic law through the Interstate Treaty on Broadcasting and Telemedia. According to Art. 77 of the Treaty, to represent the diversity in the German-speaking and European regions and to promote European film and television productions, providers of television-like telemedia (VOD) must ensure that the proportion of European works in their catalogues is at least 30%.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20220308005012/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231218141041/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231211172109/https://www.gesetze-bayern.de/Content/Document/MStV/true#FN1
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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GERMANY
Since December 2020
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Act on the Federal Office for Information Security (BSI Act – BSIG) (Gesetz über das Bundesamt für Sicherheit in der Informationstechnik (BSI-Gesetz - BSIG))
§9b of the Act on the Federal Office for Information Security requires that critical components register with the Federal Ministry of the Interior before their first use. The use of these components can be prohibited on three grounds: if the producer is controlled by a third state government, its military or other public authorities, directly or indirectly; if the producer has previously been involved in activities with negative consequences on the public safety or order of the Federal Republic of Germany, other member states of the EU, the European Economic Area or the North Atlantic Treaty; or if the use of the critical component is in contradiction with the security interests of the Federal Republic of Germany, the EU or the North Atlantic Treaty.
Coverage Critical infrastructure, including telecommunications
GERMANY
Since July 2000
Since February 2007
Since February 2007
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Telemedia Act (Telemediengesetz)
Telemedia Act (Telemediengesetz)
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 harbour. 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.
Under §7-10 of the Telemedia Act, there are liability exemptions for intermediaries in cases where these have not actively triggered a transmission, chosen its recipient, where they have no knowledge of illegal content or activities or where they immediately remove related content. This broadens the scope of Art. 14 of the EU E-Commerce Directive, which only refers to "knowledge".
Under §7-10 of the Telemedia Act, there are liability exemptions for intermediaries in cases where these have not actively triggered a transmission, chosen its recipient, where they have no knowledge of illegal content or activities or where they immediately remove related content. This broadens the scope of Art. 14 of the EU E-Commerce Directive, which only refers to "knowledge".
Coverage Electronic information and communication services
