ESTONIA
Since January 2023, entry into force in September 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Foreign Investment Reliability Assessment Act (Välisinvesteeringu usaldusväärsuse hindamise seadus)
In January 2023, the Estonian Parliament adopted the Foreign Investment Reliability Assessment Act, introducing an FDI screening regime. This new legislation applies to non-EU foreign investments in strategic and sensitive areas vital to the state's functioning, including the telecom sector, as well as to specific companies like media companies, providers of digital identification and signing services, providers of on-demand audiovisual media services, and operators of internet-based services critical to national security. According to Art. 5 of the Act, to acquire 10% or more of the share capital or gain direct or indirect control over a target company, approval from the Consumer Protection and Technical Regulatory Authority is required. Before granting permission, the authority will evaluate the potential impact of foreign investment on the security and public order of Estonia or another EU member state.
Coverage Critical sector
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231129153157/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20240101081026/https://www.riigiteataja.ee/en/eli/504042023002/consolide
- https://web.archive.org/web/20240426183014/https://www.riigiteataja.ee/akt/110022023003
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20220108104557/https://trade.ec.europa.eu/doclib/press/index.cfm?id=2006
- https://web.archive.org/web/20220927033927/https://trade.ec.europa.eu/doclib/docs/2019/june/tradoc_157946.pdf
- Show more...
ESTONIA
Since April 2004
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of effective protection of patents
It is reported by IP Agency Lasvet that court proceedings for patent litigation are often cumbersome and time-consuming, and that there is a lack of technical know-how on IP issues in the country's court system. This is despite Directive 2004/48/EC on the enforcement of intellectual property rights, which states that Member States shall provide the measures, procedures and remedies necessary to ensure the enforcement of the intellectual property rights covered by this Directive. Those measures, procedures and remedies shall be fair and equitable and shall not be unnecessarily complicated or costly or entail unreasonable time limits or unwarranted delays. Estonia transposed the Directive through a series of amendments to existing legislation in 2006.
Coverage Horizontal
Sources
ESTONIA
Since August 1994
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Estonia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ESTONIA
Since May 2001
Since 2019
Since 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Autoriõiguse seadus)
Copyright Act (Autoriõiguse seadus)
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
The Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.
The Copyright Act grants exceptions under § 17-27 and 75 provided that there is no commercial use of said rights and that the free use does not harm the legitimate right holders.
Coverage Horizontal
ESTONIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.71%
Coverage rate of zero-tariffs on ICT goods (%)
74.32%
Coverage: ICT goods
DENMARK
Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2020
Since July 2020
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
The EU directive on Audiovisual Media Services
Order No 1159 of 18 June 2020 - Order on Registration-Based Programme Activities (BEK nr 1159 af 18. juni 2020 - Bekendtgørelse om Programvirksomhed på Grundlag af Registrering)
Order No 1159 of 18 June 2020 - Order on Registration-Based Programme Activities (BEK nr 1159 af 18. juni 2020 - Bekendtgørelse om Programvirksomhed på Grundlag af Registrering)
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 Denmark, the EU Directive was transposed into domestic law through Order No. 1159 on Program Activities Based on Registration, issued in June 2020. According to Art. 14 of the Order, providers of on-demand audiovisual media services must ensure that European programmes, as outlined in Annex 1, comprise at least 30% of their catalogues. Although Denmark has not yet implemented financial contribution obligations for VOD service providers, a bill (Bill for an Act on Cultural Contribution) is currently in progress and is expected to be approved to address these requirements.
The EU directive on Audiovisual Media Services was adopted into Danish Law through the Act amending the Radio and Television Act and the Film Act. It came into force on 1 July 2020. The main points from the legislative proposal are implemented in 12 ministerial orders that are drafted subject to the Danish Radio and Television Broadcasting Act and the legislative proposal and entered into force by 15 September. Broadcasters shall endeavour to ensure that more than half of their transmission time (excluding the time allotted to news, sports events, competitions and Teletext services) is reserved for European works. Video on Demand services shall promote, where practicable and by appropriate means, the production of and access to European works.
In Denmark, the EU Directive was transposed into domestic law through Order No. 1159 on Program Activities Based on Registration, issued in June 2020. According to Art. 14 of the Order, providers of on-demand audiovisual media services must ensure that European programmes, as outlined in Annex 1, comprise at least 30% of their catalogues. Although Denmark has not yet implemented financial contribution obligations for VOD service providers, a bill (Bill for an Act on Cultural Contribution) is currently in progress and is expected to be approved to address these requirements.
The EU directive on Audiovisual Media Services was adopted into Danish Law through the Act amending the Radio and Television Act and the Film Act. It came into force on 1 July 2020. The main points from the legislative proposal are implemented in 12 ministerial orders that are drafted subject to the Danish Radio and Television Broadcasting Act and the legislative proposal and entered into force by 15 September. Broadcasters shall endeavour to ensure that more than half of their transmission time (excluding the time allotted to news, sports events, competitions and Teletext services) is reserved for European works. Video on Demand services shall promote, where practicable and by appropriate means, the production of and access to European works.
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/20241213154317/https://www.retsinformation.dk/api/pdf/214329
- https://web.archive.org/web/20240924132201/https://merlin.obs.coe.int/article/9952
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
- Show more...
DENMARK
Reported in 2011, last reported in 2022
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Accessibility of Dankort as payment method
Dankort (often in combination with Visa) is the most popular debit card and payment method in Denmark. Approximately 80% of the population owns and uses Dankort. There is an obligation to provide a Danish registration number (CVR) in order to be able to offer Dankort as an (online) payment method. Foreign companies supplying services or products in Denmark must be registered with the Danish Business Authority and will thus have a CVR. Foreign companies that do not have establishments in Denmark and pay VAT on goods and services in Denmark are also required to register.
Coverage Online payments
Sources
- https://web.archive.org/web/20220119190545/https://www.kommerskollegium.se/globalassets/publikationer/rapporter/2016-och-aldre/publ-online-trade-offline-rules.pdf
- https://web.archive.org/web/20231130151717/https://www.about-payments.com/knowledge-base/method/dankort
- https://web.archive.org/web/20241213154633/https://dankort.dk/en-GB/support-erhverv
- https://web.archive.org/web/20211027192940/https://businessindenmark.virk.dk/myndigheder/stat/ERST/selvbetjening/Registration_of_Non-Danish_Company__Start_-_40112/
- Show more...
DENMARK
Since June 2014
Since July 2017
Since July 2017
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act on Marketing Practices (Act No. 426 of May 3, 2017) (LOV nr 426 af 03/05/2017 - Lov om markedsføring)
Act on Marketing Practices (Act No. 426 of May 3, 2017) (LOV nr 426 af 03/05/2017 - Lov om markedsføring)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act on Marketing Practices.
Coverage Horizontal
DENMARK
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
Denmark has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
DENMARK
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Denmark 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
DENMARK
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Denmark 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
DENMARK
Since April 2019
Since June 1995, as amended in June 2021
Since June 1995, as amended in 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
Copyright Act (Ophavsretsloven)
Copyright Act (Ophavsretsloven)
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 Arts. 15-17 of the Directive 2019/790, Denmark has adopted the Law amending the Copyright Act (L 205), therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Arts. 15-17 of the Directive 2019/790, Denmark has adopted the Law amending the Copyright Act (L 205), 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/20200715101343/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20240505211202/https://www.ft.dk/samling/20201/lovforslag/l205/20201_l205_som_vedtaget.htm
- https://web.archive.org/web/20230922021725/https://www.create.ac.uk/cdsm-implementation-resource-page/
- Show more...
DENMARK
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 Denmark does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation can be mandated in relation to certain price control mechanisms – only on SMP operators.
Coverage Telecommunications sector
DENMARK
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Danish Business Authority (DBA), 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/20231229115331/https://danishbusinessauthority.dk/
- https://web.archive.org/web/20230324121408/https://www.co-val.eu/case-studies/blog/project/the-danish-business-authority-dba/
- https://web.archive.org/web/20250308231103/https://datahub.itu.int/data/?i=100088&s=3109&e=DNK
- Show more...
