Database

Browse Database

BENIN

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
Art. 77 of Law No. 2020 - 26 provides for a specific preference for micro, small and medium-sized enterprises (MSMEs). Any candidate for a public contract who plans to subcontract at least 30% of the total value of the said contract to one or more MSMEs benefits from a margin of preference that may not exceed 5%. In addition, notwithstanding the provisions relating to Community preference, when a public contract is awarded, a preference of 5% must be given to the tender submitted by an MSME. This preference rate may be combined with the Community preference rate of 15%.
Coverage Horizontal

BENIN

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Benin is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

BENIN

Since March 2020

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Benin Investment Code 2020 (Loi No. 2020- 02 du 20 Mars 2020 portent Code des investissements en République du Benin)
According to the Benin Investment Code of 2020, which establishes the general conditions, advantages and rules applicable to domestic and foreign direct investments in Benin, legal persons of foreign nationality shall not receive less favourable treatment than that granted to legal persons of Beninese nationality (Art. 11).
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"97650"},{"post_id":"97651"},{"post_id":"97652"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BJ')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

BENIN

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)
9.72%
Coverage rate of zero-tariffs on ICT goods (%)
16.08%
Coverage: ICT goods

BENIN

N/A

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Benin is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods

BENIN

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
In accordance with Art. 75 of Law No. 2020-26, a community preference of up to 15% of the bid amount must be granted to the bid submitted by a company that is a national of the West African Economic and Monetary Union (WAEMU). The preferential regime applies provided that:
- In the case of suppliers, if they offer goods whose manufacturing cost includes an added value for one of the member countries of the WAEMU of at least 30%;
- In the case of service providers or consultants resident in the WAEMU, if the service is valued at more than 5% of the value of the service or consultation provided.
In addition, the community preference scheme may only be granted to the legal entities referred to in this article:
- If more than half of their capital belongs to nationals, whether natural or legal persons, of one of the member states of the WAEMU.
- If half of their deliberative and management bodies are controlled or held by nationals of one of the member states of the WAEMU.
Temporary groupings of foreign operators concluded with natural or legal persons who are members of a state of the WAEMU may also benefit from community preference.
Coverage Horizontal

BENIN

Since September 2020

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 2020-26 of 29 September 2020 on the Public Procurement Code in the Republic of Benin (Loi No. 2020-26 du 29 septembre 2020 portant code des marchés publics en République du Bénin)
Art. 76 of Law No. 2020-26 provides that a foreign candidate who is not a community enterprise and who plans to subcontract at least 30% of the contract's total value to a Beninese enterprise may be granted a margin of preference up to 10%.
Coverage Horizontal

BELGIUM

Since June 2014
Since February 2013, last amended in April 2022

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Code of Economic Law (Code de Droit Economique)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Chapters VI.-XII on Market Practices and Consumer Protection of the Code of Economic Law.
Coverage Horizontal

BELGIUM

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
Belgium has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

BELGIUM

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Belgium 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

BELGIUM

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Belgium 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

BELGIUM

Since July 2000
Since 2013

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (e-Commerce Directive)

Book XII, Electronic Commercial Law, of the Belgian Code of Economic Law (Livre XII, Droit de l'Économie Électronique, dans le Code de Droit Économique)
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.
Book XII of the Belgian Code of Economic Law transposes the Directive 2000/31/EC. Chapter 6, "Liability of intermediary service providers", of the Belgian Code of Economic Law includes specific provisions related to a safe harbour for information service providers providing mere conduit, caching and/or hosting activities.
The Belgian Code of Economic Law does not require service providers to remove illegal content as long as they are unaware of its illegal nature. As soon as the provider is aware of the illegal content, there is an obligation to remove the content. Internet intermediaries are thus passive in their responsibility and liability for the content on their platforms.
Coverage Internet intermediaries

BELGIUM

Since 2005

Pillar Intermediary liability  |  Indicator User identity requirement
Electronic Communications Act of 13 June 2005 (Loi relative aux Communications Électroniques - 13 Juin 2005)
Providers of electronic communication services have the legal obligation to identify their customers, as regulated by the Electronic Communications Act.
Coverage Electronic communication services

BELGIUM

Since April 2019
Since June 2022

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

Law transposing Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on Copyright and Related Rights in the Digital Single Market and Amending Directives 96/9/EC and 2001/29/EC
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)
In 2022, the Chamber of Representatives adopted the Law Transposing Directive (EU) 2019/790, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service

Report issue     Report new measure