FINLAND
Since March 2004, last amended in February 2014
Since December 2016
Since December 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sector (1398/2016) - (Laki vesi- ja energiahuollon, liikenteen ja postipalvelujen alalla toimivien yksiköiden hankinnoista ja käyttöoikeussopimuksista)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
In Finland, the Directive has been transposed with the "Act on Public Contracts and Concessions of Entities Operating in the Water, Energy, Transport and Postal Services Sectors (1398/2016)".
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20231208014548/https://www.finlex.fi/fi/laki/ajantasa/2016/20161398
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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FINLAND
Since June 2012, amended in October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Act on the Monitoring of Foreign Corporate Acquisitions (Laki ulkomaalaisten yritysostojen seurannasta)
According to the Act on Supervision of Acquisitions of Foreign Companies, there are no prohibitions or restrictions on foreign ownership in the country.
Coverage Horizontal
FINLAND
Since August 2006, last amended in December 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Limited Liabilities Company Act (Osakeyhtiölaki)
The Limited Liabilities Company Act states that at least one of the members of the Board of Directors must be a resident of the European Economic Area (EEA) unless an exemption is granted by the regulatory authority. Furthermore, the managing director must also be a resident of the EEA.
Coverage Horizontal
FINLAND
Since June 2012, as amended in October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act on the Screening of Foreign Corporate Acquisitions (Laki ulkomaalaisten yritysostojen seurannasta annetun lain muuttamisesta)
The Act on the Screening of Foreign Corporate Acquisitions grants the Finnish Ministry of Economic Affairs and Employment (TEM) the authority to screen foreign investments. According to Art. 3 of the Act, if the TEM believes that an FDI might conflict with a key national interest, the Ministry may refer the matter of confirmation or denial to a government plenary session for consideration. As defined in Art. 2, as amended in 2020, key national interest includes securing military, and national defence, functions vital to society, national security and foreign and security policy objectives, and safeguarding public order and security in accordance with Arts. 52 and 65 of the Treaty on the Functioning of the European Union, if there is a genuine and sufficiently serious threat to a fundamental interest of society.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://web.archive.org/web/20220119011048/https://tem.fi/en/-/amendments-to-the-act-on-the-screening-of-foreign-corporate-acquisitions-ministry-of-economic-affairs-and-employment-to-become-a-national...
- https://web.archive.org/web/20221203222740/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/3637/finland-amends-its-fdi-screening-regime
- https://web.archive.org/web/20230925022813/https://www.state.gov/reports/2020-investment-climate-statements/finland/
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ESTONIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Estonia 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
ESTONIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Estonia 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
ESTONIA
Since June 2014
Since February 2004, last amended in December 2007
Since February 2004, last amended in December 2007
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act (Tarbijakaitseseadus)
Consumer Protection Act (Tarbijakaitseseadus)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act. The Act includes provisions on the right to information, safety and quality of goods or services, and unfair commercial practices. The Act also safeguards 'distance contracts'. E-commerce is regulated by the Estonian Consumer Protection and Technical Regulatory Authority.
Coverage Horizontal
ESTONIA
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
Estonia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ESTONIA
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Ban of application
The Estonian government issued sanctions on the 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 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 March 2010, entry into force in May 2010, last amended in 2018
Since December 2010, entry into force in January 2011, as amended in February 2022
Since December 2010, entry into force in January 2011, as amended in February 2022
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)
Media Services Act (Meediateenuste seadus)
Media Services Act (Meediateenuste seadus)
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 Estonia, the EU Directive was transposed into domestic law through the amendment of the Media Services Act of February 2022 (RT I, 27.02.2022). According to Art. 24 of the Act, on-demand audiovisual media service providers are required to ensure that at least 30% of the programmes in their catalogue consist of European works. Additionally, these providers must report their compliance with this requirement to the Consumer Protection and Technical Regulatory Authority by 15 February each year. Estonia has not implemented financial contribution obligations to VOD service providers.
In Estonia, the EU Directive was transposed into domestic law through the amendment of the Media Services Act of February 2022 (RT I, 27.02.2022). According to Art. 24 of the Act, on-demand audiovisual media service providers are required to ensure that at least 30% of the programmes in their catalogue consist of European works. Additionally, these providers must report their compliance with this requirement to the Consumer Protection and Technical Regulatory Authority by 15 February each year. Estonia has not implemented financial contribution obligations to VOD service providers.
Coverage On-demand audiovisual service
Sources
- https://web.archive.org/web/20221107114712/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://web.archive.org/web/20231002184356/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20241105153820/https://www.riigiteataja.ee/en/eli/ee/Riigikogu/act/514032022003/consolide
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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ESTONIA
Since April 2020, entry into force in July 2020.
Pillar Online sales and transactions |
Indicator Restrictions on domain names
".ee" Domain Regulation
According to the ".ee" Domain Regulation, it is required to appoint an administrative contact for the application for the ".ee" domain name. The administrative contact has to be a citizen of Estonia with an Estonian personal identification code or a European Economic Area (EEA) citizen.
Coverage Horizontal
ESTONIA
N/A
Pillar Telecom infrastructure & competition |
Indicator 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
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Consumer Protection and Technical Regulatory Authority (ETRA), 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
Sources
- https://web.archive.org/web/20250308231308/https://datahub.itu.int/data/?i=100088&s=3109&e=EST
- https://web.archive.org/web/20230924092033/https://www.ttja.ee/en
- https://web.archive.org/web/20231105210314/https://ttja.ee/en/business-client/about-us/information-and-contacts/introduction-and-structure
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ESTONIA
Since April 2016, entry into force in May 2018
Since December 2018, entry into force in January 2019
Since December 2018, entry into force in January 2019
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Personal Data Protection Act (Isikuandmete kaitse seadus)
Personal Data Protection Act (Isikuandmete kaitse seadus)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Estonia implemented the GDPR in 2018 through the Personal Data Protection Act.
Coverage Horizontal
