DJIBOUTI
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 the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Djibouti is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA I) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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DJIBOUTI
Since July 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 53/AN/09/6ème L Establishing the New Public Procurement Code (Loi No. 53/AN/09/6ème L Portant Nouveau Code des Marchés Publics)
According to Art. 17.2.5 of Law No. 53/AN/09/6ème L, a margin of preference of up to 7.5% may be granted to offers from natural persons of Djiboutian nationality or legal entities under Djiboutian law and whose capital is majority held by the State or by natural persons of Djiboutian nationality. Additionally, a margin of preference of up to 4% may be granted to offers from foreign persons who undertake to subcontract at least 20% of the amount of the services covered by the contract to local providers. Moreover, a margin of preference of up to 15% may be granted to offers proposing supplies manufactured in the Republic of Djibouti.
Coverage Horizontal
DJIBOUTI
Reported in 2022, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported lack of transparency in procurement
It is reported that there is a lack of transparency in public procurement, and that there is an absence of regulatory measures to address conflicts of interest within governmental procurement and tendering processes.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251208134228/https://freedomhouse.org/country/djibouti/freedom-world/2024
- https://web.archive.org/web/20251208134254/https://bti-project.org/en/reports/country-report/DJI
- https://web.archive.org/web/20250306075112/https://freedomhouse.org/country/djibouti/freedom-world/2022
- https://web.archive.org/web/20250129141242/https://bti-project.org/fileadmin/api/content/en/downloads/reports/country_report_2022_DJI.pdf
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DJIBOUTI
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)
Djibouti is not a signatory to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal
DJIBOUTI
Since March 1998
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 13/AN/98/4ème L on the Separation of Post and Telecommunications (Loi No. 13/AN/98/4ème L Portant Séparation de la Poste et des Télécommunications)
According to Arts. 4, 5, and 8 of Law No. 13/AN/98/4ème L, there are limits to the proportion of shares that can be acquired by foreign investors in publicly controlled firms. Djibouti Télécom (DT), which is fully state-owned, has a monopoly on the provision of telecom services and remains the country's only telecommunications operator (internet, fixed and mobile telephone services). In July 2021, the Council of Ministers announced its intention to open the capital of Djibouti Télécom, the national monopoly, to a private operator. During a meeting of the Council of Ministers in September 2021, the Government of Djibouti approved a draft law defining the terms and conditions for the legal sale of 40% of the stock of the public fixed-line and mobile telephony operator, Djibouti Télécom, to a "top-flight strategic partner".
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20241204200858/https://communication.gouv.dj/wp-content/uploads/2023/08/Loi-n%C2%B013-AN-98-4eme-L-portant-separation-de-la-poste-et-des-telecommunications.pdf
- https://web.archive.org/web/20210713161431/https://www.agenceecofin.com/telecom/1307-90069-djibouti-telecom-l-un-des-derniers-monopoles-telecoms-d-afrique-est-sur-le-point-de-disparaitre
- https://web.archive.org/web/20220526133633/https://www.telecomreviewafrica.com/index.php/articles/divers/2489-nouveau-projet-de-loi-sur-le-transfert-des-actions-de-djibouti-telecom
- https://web.archive.org/web/20231002191925/https://www.state.gov/reports/2023-investment-climate-statements/djibouti/
- https://web.archive.org/web/20240302043716/https://2009-2017.state.gov/documents/organization/227156.pdf
- https://web.archive.org/web/20221014234414/https://www.wto.org/english/tratop_e/tpr_e/s305_sum_e.pdf
- https://docsonline.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S430R1.pdf&Open=True
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DJIBOUTI
Since September 1992
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 2/AN/92 2nd L of September 15, 1992 Relating to Freedom of Communication (Loi No. 2/AN/92 2ème L du 15 septembre 1992 Relative à la Liberté de la Communication)
According to Art. 14 of the 1992 Freedom of Communication Law, participants in the financial management of any press body must be citizens of Djibouti. Section 2 states that the law applies to all forms and modes of social communication, including audiovisual communication companies. In addition, according to Art. 17, the director and deputy director of any media outlet must be a resident of Djibouti.
The Law does not define what a media outlet is. However, it is reported that a media outlet is a broadcasting channel that provides news, information, and feature stories to the public through newspapers, magazines, social media, the Internet, television, and radio.
The Law does not define what a media outlet is. However, it is reported that a media outlet is a broadcasting channel that provides news, information, and feature stories to the public through newspapers, magazines, social media, the Internet, television, and radio.
Coverage Media sector
DJIBOUTI
Since August 2012, last amended in April 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
Commercial Code of the Republic of Djibouti (Code de commerce de la République de Djibouti)
Art. L.1211-6 of the Commercial Code provides that any legal entity whose head office is located abroad and which undertakes a commercial activity in the Republic of Djibouti must, within one month from the start of this activity, require the registration of a branch in the Republic of Djibouti. This request is to be filed with the registry responsible for maintaining the Register of Commerce and Companies. The Code defines commercial activity as including e-commerce.
Coverage Horizontal
DJIBOUTI
Reported in 2023, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Reported requirement for local agent in patent filings
It is reported that, where the applicant is not resident in Djibouti, the appointment of an agent is required for the filing of a patent application.
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 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
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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/
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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 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
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