GEORGIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Georigia's law and jurisprudence.
Coverage Internet intermediaries
GEORGIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Georigia's law and jurisprudence.
Coverage Internet intermediaries
GEORGIA
Since March 2006, last amended in June 2022
Pillar Intermediary liability |
Indicator User identity requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
According to Art. 5.1 of Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, electronic-communication service providers must record and keep information concerning consumers, including the name and surname of the consumer. It is also reported that mobile network operators must collect and store a user's personal information and proof of identity for SIM card registration.
Coverage Telecommunication services
GEORGIA
Since March 2006, as amended in November 2007, last amended in June 2022
Pillar Intermediary liability |
Indicator Monitoring requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
In accordance with Art. 10.2 (c) of Resolution No. 3 of the Georgian National Communications Commission on the Approval of the Regulations in Respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, the owner of an Internet site must periodically review any links on the site to ensure that the linked content does not contain offensive or inappropriate material. If such material is found, the site owner must take appropriate measures to remove it.
It is reported that individuals or entities who own a website are required to conduct regular monitoring of their web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
It is reported that individuals or entities who own a website are required to conduct regular monitoring of their web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
Coverage Internet sites
GEORGIA
Since March 2006, as amended in November 2007, last amended in June 2022
Pillar Intermediary liability |
Indicator Monitoring requirement
Resolution No. 3 of Georgian National Communications Commission on the Approval of the Regulations in respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications (საქართველოს კომუნიკაციების ეროვნული კომისიის დადგენილება No. 3 ელექტრონული კომუნიკაციების სფეროში მომსახურების მიწოდებისა და მომხმარებელთა უფლებების შესახებ რეგლამენტის დამტკიცების თაობაზე)
According, Art. 10.3 of Resolution No. 3 of the Georgian National Communications Commission on the Approval of the Regulations in Respect to the Provision of Services and Protection of Consumer Rights in the Sphere of Electronic Communications, Internet domain issuers must periodically review the content of the websites registered under their domain to prevent the hosting of inappropriate material. Upon discovering such content, the domain issuer must promptly (a) warn the domain owner and set a deadline for the removal of the inappropriate material and (b) block the Internet site if the warning is ignored.
It is reported that individuals or entities who manage an Internet domain are required to conduct regular monitoring of the web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
It is reported that individuals or entities who manage an Internet domain are required to conduct regular monitoring of the web content to prevent the publication of inadmissible material. However, this monitoring is often not performed consistently and is usually only carried out at the request of the Georgian National Communications Commission.
Coverage Internet domain issuers
GEORGIA
Since February 1998, last amended in November 2023
Pillar Content access |
Indicator Restrictions on online advertising
Law of Georgia No. 1228 on Advertising (საქართველოს კანონი № 1228 რეკლამის შესახებ)
Pursuant to Art. 4 of Law No. 1228, advertisements are required to be in the Georgian language, and any trademarks in a foreign language must be accompanied by Georgian text. However, it remains unclear whether these restrictions extend to online advertising.
Coverage Horizontal
GEORGIA
Since June 2005, last amended in June 2023
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Law of Georgia No. 1514 on Electronic Communications (საქართველოს კანონი № 1514 ელექტრონული კომუნიკაციების შესახებ)
Georgia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. Art. 29 (c) of Law No. 1514 provides that the National Communications Commission of Georgia may, by decision, impose on an authorised entity with significant market power the obligation to maintain separate records of expenditure and income in accordance with the methodological rules approved by the Commission. Furthermore, Art. 34.8 stipulates that, by decision of the Commission, an electronic communications network operator must ensure the separation of the functional resources of the relevant elements of its network, where their use is reasonably requested by an interested authorised entity. Additionally, Art. 27.6 establishes that the Commission may require an operator with significant market power as a result of a merger to ensure functional separation, meaning the division of functionally separated structural units into a separate legal entity or entities.
Coverage Telecommunications sector
GEORGIA
Since December 2000
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Georgia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GEORGIA
Reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Georgia has two government bodies within the telecommunications sector: a governmental ministry responsible for policy formulation and an independent regulatory commission called the Georgian National Communications Commission. The Commission serves as the country's regulatory authority for broadcasting and electronic communications. It functions as an independent state agency, operating as a legal entity under public law, with a commission comprising five appointed members. Although it enjoys operational and budgetary autonomy, the Commission remains accountable to the President, the Government, and Parliament, which could result in a lack of independence.
The Department of Communications, Information and Modern Technologies, housed within the Ministry of Economy and Sustainable Development, is the policy-making entity responsible for formulating and implementing state policy regarding electronic communications, information technologies, and postal services.
The Department of Communications, Information and Modern Technologies, housed within the Ministry of Economy and Sustainable Development, is the policy-making entity responsible for formulating and implementing state policy regarding electronic communications, information technologies, and postal services.
Coverage Telecommunications sector
GEORGIA
Since June 2023, entry into force in June 2024
Since December 2011, until 2024
Since December 2011, until 2024
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law of Georgia on Personal Data Protection, No. 3144 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Data Protection Act No. 5669 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Data Protection Act No. 5669 (საქართველოს კანონი პერსონალურ მონაცემთა დაცვის შესახებ)
Art. 37 of Law No. 3144 stipulates that the cross-border transfer of data is permissible if the data processing requirements outlined in the Law are met and adequate safeguards are in place in the destination jurisdiction to ensure the protection of data subjects' rights. In addition, the cross-border transfer of data is allowed under other circumstances, including when: (i) the data transfer is envisaged by an international treaty and agreements of Georgia; (ii) the data controller provides appropriate safeguards for data protection on the basis of an agreement concluded between the controller and the relevant state, the appropriate public institution of such state, a legal person or a natural person, or an international organisation; (iii) the data subject gives written consent after receiving information on the lack of proper safeguards for data protection in the relevant jurisdiction and on possible threats; (iv) the transfer of data is necessary to protect the vital interests of a data subject and the data subject is physically or legally incapable of consenting to such data processing; and (v) there is a lawful public interest, and the transfer of data is a necessary and proportionate measure in a democratic society.
Onward transfer is permitted only if such data transfer serves the initial purpose of data transfer, meets the requirements for the legal basis for data transfer, and ensures adequate safeguards for data protection.
Law No. 3144, signed in June 2023, superseded the Act No. 5669 with effect starting from June 2024. Art. 41 of the now-repealed Act No. 5669 established conditions for cross-border data transfers that were similar to those outlined in Art. 37 of the new Law.
Onward transfer is permitted only if such data transfer serves the initial purpose of data transfer, meets the requirements for the legal basis for data transfer, and ensures adequate safeguards for data protection.
Law No. 3144, signed in June 2023, superseded the Act No. 5669 with effect starting from June 2024. Art. 41 of the now-repealed Act No. 5669 established conditions for cross-border data transfers that were similar to those outlined in Art. 37 of the new Law.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241206071905/https://matsne.gov.ge/ka/document/view/5827307
- https://web.archive.org/web/20231202174813/https://www.dataguidance.com/notes/georgia-data-protection-overview
- https://web.archive.org/web/20241207115411/https://matsne.gov.ge/ka/document/view/1561437
- Show more...
GEORGIA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Georgia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
GEORGIA
Since February 1999, as amended in May 2023, entry into force in January 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law of Georgia No. 1791 on Patents (საქართველოს საპატენტო კანონი, № 1791-IIს)
According to Art. 22 of Law No. 1791, any applicant lacking a residence or registered legal address within Georgia must appoint a Georgian patent attorney to represent before the National Intellectual Property Centre of Georgia (Sakpatenti) to enforce the patent.
Coverage Horizontal
GEORGIA
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Georgia is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes.
Coverage Horizontal
GEORGIA
Since August 1999, last ameded in December 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law of Georgia No. 2112 on Copyright and Related Rights (საქართველოს კანონი № 2112 საავტორო და მომიჯნავე უფლებების შესახებ)
Georgia has a copyright regime under the Law on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, limiting lawful use by others. Chapter III lists exceptions, including the use of a copyrighted work for personal use (Art. 21), reprographic reproduction by libraries (Art. 22), and educational or informational purposes (Art. 23), among others.
GEORGIA
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that copyright is not adequately enforced online in Georgia. Online piracy in the country is widespread across various sectors, including the distribution of films, series, music, video games, and software. The prevalence of pirated content negatively impacts numerous stakeholders in the private sector by discouraging both domestic and foreign investments and limiting revenue generation for audiovisual producers and firms involved in post-production and distribution. Moreover, Georgia is reported to have one of the highest global piracy rates, with 91% of software being illegally used.
Coverage Audiovisual services, video game, software
Sources
- https://web.archive.org/web/20240717143806/https://georgiatoday.ge/forthcoming-anti-piracy-policy-changes-in-georgia-new-enforcement-mechanism-for-intellectual-property-rights/
- https://web.archive.org/web/20231101150157/https://variety.com/2023/film/global/georgias-illegal-streaming-anti-piracy-body-alliance-for-creativity-and-entertainment-1235775372/
- https://web.archive.org/web/20240302162845/https://bytescare.com/blog/countries-with-highest-piracy-rates
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