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BELIZE

Since December 1976, last amended in January 2012

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Trade Licensing Act, 1976
According to Art. 27 of the Trade Licensing Act, any person wishing to commence a service business must obtain a license and pay an annual fee. In addition, any person who carries on a business without first obtaining a license from the Board commits an offense and is liable on summary conviction for each offense to a fine not exceeding one hundred dollars.
Coverage Horizontal

BELIZE

Since October 2021

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Transactions Act, 2021
According to Art. 46 of the Electronic Transactions Act, an intermediary or provider of electronic commerce services shall not be subject to any civil or criminal liability concerning any information contained in an electronic record in connection with which the intermediary provides services if the intermediary was not the initiator of the record and the intermediary or provider of electronic interchange services
Coverage Horizontal

BELIZE

Since October 2021

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2021
According to Art. 46 of the Electronic Transactions Act, an intermediary or provider of electronic commerce services shall not be subject to any civil or criminal liability concerning any information contained in an electronic record in connection with which the intermediary provides services if the intermediary was not the initiator of the record and the intermediary or provider of electronic interchange services
Coverage Horizontal

BELIZE

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Belize imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

BELIZE

Since November 2021

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection law
The country does not have a comprehensive regime in place for all personal data, but it has sectoral regulation including:
- The Public Sector Data Sharing Act;
- The Electronic Transaction Act;
- The Electronic Evidence Act;
- The Electronic Transfer of Funds Crimes Act;
- The Digital Government Act.
In addition, the Data Protection Law was signed in November 2021, however it has not yet entered into force. According to Art. 97, the law comes into force on a day to be appointed by the Minister by Order published in the Gazette. The law will provide a comprehensive regime of data protection in Belize. It promotes the protection of personal data processed by public and private bodies and provides for the establishment of the office of information commissioner and for related matters.
Coverage Horizontal

BELIZE

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Belize has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

BELIZE

Since August 1999

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Public Utilities Commission Act, 1999
According to Arts. 3 and 22 of the Public Utilities Commission Act, there shall be an autonomous institution to be known as the Public Utilities Commission which ensure that the public services are satisfactory and the charges imposed by the public services are reasonable. This institution shall regulate, among others, the telecommunications sector.
Coverage Horizontal

BELIZE

Since August 2009

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009
In August 2009, the government of Belize nationalized the British telecom company Telemedia now called Belize Telemedia Limited) obtaining 94% of the shares through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) Order, Statutory Instrument No. 104 of 2009. Furthermore, in December 2009 the government further acquired all proprietary and other rights and interests whatsoever held by the British Caribbean Bank's through the Belize Telecommunications (Assumption of Control over Belize Telemedia Limited) (Amendment) Order, Statutory Instrument No. 130 of 2009.
Furthermore, a few years later, it is reported that in June 2011, the Court of Appeal struck down the 2009 acquisition legislation as being unconstitutional and declared it null and void (Civil Appeal No. 30 of 2010). However, a couple of weeks later, the government passed the Telecommunications (Amendment) Act 20115 ('2011 Acquisition Legislation'), the Belize Constitution (Eighth Amendment) Act 20117 ('Constitutional Amendment Legislation') and made subsidiary Orders to reacquire the Belize Telemedia Limited, among other properties.
It is reported that the Government of Belize owns 83.6% of the shares, of which 34.3% of the shares belong to the Social Security Board and 49.3% belong to the Ministry of Telecommunications. It is reported that the Social Security Board is part of the portfolio of the Minister of Finance, who appoints a Board of Directors to administer the program and directors representing employers.
Coverage Belize Telemedia Limited

BELIZE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Belize does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation. In addition, according to Art. 30 of the Telecommunications Act, the Public Utilities Commission of Belize may prescribe reasonable accounting procedures in accordance with international accounting and costing standards to determine the cost of operations, which shall be followed and implemented by all public telecommunication service providers.
Coverage Telecommunications sector

BELIZE

Since August 2002

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Telecommunication Act, 2002
According to Art. 16 of the Telecommunications Act, the Public Utilities Commission of Belize (PUC) may consider any element of national interest, policy or security in granting a license. In addition, under Art. 18, the PUC, in granting the license, shall require the licensee, at the request of the Government, to cooperate with the Minister in matters of national security. In addition, according to Art. 19, the PUC may suspend, modify, revoke or refuse to renew a license for reasons of national security or public interest.
Coverage Telecommunications sector

BELIZE

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Partial commitment to the WTO Telecom Reference Paper
Belize has only partially attached the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

BELIZE

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Belize lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them in the Freedom of Information Act, 1994 (Art. 29) and the Public Sector Data Sharing Act, 2021 (Art.11).
Coverage Horizontal

BELIZE

Since August 2010

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Infrastructure Sharing Regulations, 2010
According to Art. 4 of the Infrastructure Sharing Regulations, all licensees shall (i) have a right and, when requested, an obligation to negotiate the sharing of infrastructure and facilities with each other for the purpose of providing public telecommunications services, or for any other purpose deemed to be in the public interest by the Commission; (ii) negotiate in good faith with each other on matters concerning the sharing of infrastructure and facilities; (iii) neither withdraw from nor impair arrangements for the sharing of infrastructure and facilities once already granted, unless authorized to do so by the Commission. Furthermore, pursuant to Art. 7 of the Regulations, a licensee shall provide infrastructure and facilities sharing under the same terms and conditions as that offered to any other licensee to which it provides infrastructure and facilities sharing
Coverage Telecommunications sector

BELIZE

Since November 2018, entry into force in February 2019

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Belize has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

BELIZE

Since November 2018, entry into force in February 2020

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