CROATIA
Since June 2014
Since March 2014, as amended in February 2019
Since March 2014, as amended in February 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
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 NN 41/2014.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20240808104506/https://www.hnb.hr/documents/20182/2135754/e-zakon-o-zastiti-potrosaca_npt.pdf/4d549265-7b06-a4a9-b87b-3d0de0dd58ff?version=1.1&t=1567676494363&download=true
- https://web.archive.org/web/20240223193048/https://narodne-novine.nn.hr/clanci/sluzbeni/2019_02_14_279.html
- https://web.archive.org/web/20230328040645/https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/101657/122586/F1440522419/HRV-2014-L-101657.pdf
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CROATIA
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
Croatia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CROATIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Croatia 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
CROATIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Croatia 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
CROATIA
Since April 2016, entry into force in May 2018
Since May 2018
Since May 2018
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Law on the Implementation of the General Data Protection Regulation (Zakon o provedbi Opće uredbe o zaštiti podataka NN 42/18)
Law on the Implementation of the General Data Protection Regulation (Zakon o provedbi Opće uredbe o zaštiti podataka NN 42/18)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Croatia implemented the GDPR in 2018 through the Law on the Implementation of the General Data Protection Regulation.
Coverage Horizontal
CROATIA
Since July 2000
Since 2003, last amended in 2014
Since 2003, last amended in 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
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.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20241205200246/https://books.google.es/books?id=vjUqDwAAQBAJ&pg=PA245&lpg=PA245&dq=safe+harbour+copyright+croatia&source=bl&ots=HFnJh8-iBF&sig=ACfU3U0k0gaDEs4m9jfw6BIdJyAJa...
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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CROATIA
Since July 2000
Since 2003, last amended in 2014
Since 2003, last amended in 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
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.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20241205200246/https://books.google.es/books?id=vjUqDwAAQBAJ&pg=PA245&lpg=PA245&dq=safe+harbour+copyright+croatia&source=bl&ots=HFnJh8-iBF&sig=ACfU3U0k0gaDEs4m9jfw6BIdJyAJa...
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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CROATIA
Since April 2019
Since October 2021
Since October 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 Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
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 Parliament has adopted the Act on Copyright and Related Rights, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790, the Parliament has adopted the Act on Copyright and Related Rights, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/hr/hr154en.pdf
- https://web.archive.org/web/20220925072501/https://narodne-novine.nn.hr/clanci/sluzbeni/2021_10_111_1941.html
- https://web.archive.org/web/20230322163609/https://www.create.ac.uk/cdsm-implementation-resource-page/
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CROATIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since October 2021, as amended in October 2022
Since 2009, last amended in April 2013
Since October 2021, as amended in October 2022
Since 2009, last amended in April 2013
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)
Electronic Media Act (Zakon o elektroničkim medijima NN 111/21)
Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works (Pravilnik o kriterijima i načinu povećanja opsega udjela europskih djela - NN 48/2022)
Electronic Media Act (Zakon o elektroničkim medijima NN 111/21)
Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works (Pravilnik o kriterijima i načinu povećanja opsega udjela europskih djela - NN 48/2022)
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 Croatia, the EU Directive was transposed into domestic law through the amendment of the Electronic Media Act of October 2022 (Official Gazette 114/2022). According to Art. 27 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of the works in their catalogues are European and that these works are prominently displayed on the front page of the catalogue. Additionally, service providers are required to invest 2% of their total annual gross income in the production of Croatian audiovisual works by independent producers or to purchase Croatian audiovisual works from such producers. Providers are also obliged to maintain and progressively increase the share of European works in their programme catalogues.
Furthermore, Art. 6.3 of the Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works stipulates that service providers with catalogues containing more than 20% but less than 30% European works must raise this share to at least 30% within two years. The increase must be gradual, with providers achieving at least 25% in the first year after obtaining their licence and a minimum of 30% by the second year.
In Croatia, the EU Directive was transposed into domestic law through the amendment of the Electronic Media Act of October 2022 (Official Gazette 114/2022). According to Art. 27 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of the works in their catalogues are European and that these works are prominently displayed on the front page of the catalogue. Additionally, service providers are required to invest 2% of their total annual gross income in the production of Croatian audiovisual works by independent producers or to purchase Croatian audiovisual works from such producers. Providers are also obliged to maintain and progressively increase the share of European works in their programme catalogues.
Furthermore, Art. 6.3 of the Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works stipulates that service providers with catalogues containing more than 20% but less than 30% European works must raise this share to at least 30% within two years. The increase must be gradual, with providers achieving at least 25% in the first year after obtaining their licence and a minimum of 30% by the second year.
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/20231218140331/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231206005437/https://www.zakon.hr/z/196/Zakon-o-elektroni%C4%8Dkim-medijima
- https://web.archive.org/web/20170129092252/https://narodne-novine.nn.hr/clanci/sluzbeni/2015_07_77_1483.html
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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CROATIA
Since April 2016
Since May 2014
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16) (O Načinu I Uvjetima Pristupa I Zajedničkog Korištenja Elektroničke Komunikacijske Infrastrukture I Druge Povezane Opreme)
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
According to the Ordinance on Manner and Conditions of Access and Shared Use of Electronic Communications Infrastructure and Other Associated Facilities (NN 36/16), passive sharing is mandated and is effective in both the mobile and fixed sectors.
In addition, Art. 3[2] of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
In addition, Art. 3[2] of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom sector
The Croatian government owns 2.9% of the shares of Hrvatski Telekom. It is reported that in December 2015, following the public auction, CERP sold 500,000 of its shares in the Company (0.6% of HT d.d. share capital) via the Zagreb Stock Exchange trading system. Following this sale of shares, CERP reduced its holding from 3.5% to 2.9%.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Croatia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Croatian Regulatory Authority for Network Industries (HAKOM), 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
CROATIA
Since May 2001
Since October 2021
Since October 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
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.
Croatia has a clear copyright exception regime, as incorporating European Union Directives relating to copyright. Such limitations are contained in Part IV
(Content limitations on copyright and related rights) of the Copyright Act, which provides, inter alia, the following exceptions:
- Temporary acts of reproduction of the copyrighted work
- Reproduction for private use
- Ephemeral recordings
- Educational and scientific institutions and libraries
- Collections intended for teaching or scientific research
- Use of copyright works for disabled persons
- Use for judicial, administrative or other official proceedings
- Use for teaching
- Use of the copyrighted works to inform the public
- Quotations
- Parodies and caricatures.
Croatia has a clear copyright exception regime, as incorporating European Union Directives relating to copyright. Such limitations are contained in Part IV
(Content limitations on copyright and related rights) of the Copyright Act, which provides, inter alia, the following exceptions:
- Temporary acts of reproduction of the copyrighted work
- Reproduction for private use
- Ephemeral recordings
- Educational and scientific institutions and libraries
- Collections intended for teaching or scientific research
- Use of copyright works for disabled persons
- Use for judicial, administrative or other official proceedings
- Use for teaching
- Use of the copyrighted works to inform the public
- Quotations
- Parodies and caricatures.
Coverage Horizontal
Sources
- https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/hr/hr154en.pdf
- https://web.archive.org/web/20240119142930/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=celex:32001L0029
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
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CROATIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Croatia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Croatia ratified the Treaty on 3 July 2000, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
