BENIN
Since September 2020
Pillar Public procurement of ICT goods and online services |
Sub-pillar 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
BELIZE
Since July 2022
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Belize Companies Act, 2022
According to Art. 194 of the Belize Companies Act, a foreign company that carries on business in Belize shall, at all times, have a Registered Agent in the country. Pursuant to Art. 194.2, no person shall act, or agree to act, as the Registered Agent of a foreign company unless that person has obtained a licence from the Financial Services Commission established under the Financial Services Commission Act or any other applicable enactment. According to Art. 3, a foreign company means a body corporate incorporated, registered or formed outside Belize.
Coverage Foreign companies
Sources
- https://web.archive.org/web/20230125204019/https://www.agm.gov.bz/uploads/laws/639771ad84fb6_Act_No._11_of_2022_Belize_Companies_Act__2022.pdf
- https://companyformationbelize.com/what-is-a-registered-agent-in-belize/
- https://www.state.gov/reports/2022-investment-climate-statements/belize/#:~:text=There%20are%20no%20laws%20that,to%20do%20business%20in%20Belize
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BELIZE
Since October 2021
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transactions Act, 2021
The Electronic Transactions Act provides a comprehensive consumer protection framework that applies to online transactions. According to Art. 49, a person using electronic communications to sell goods or services to consumers shall (i) provide accurate, clear, and accessible information about themselves; (ii) describe the goods or services offered; and (iii) provide information about the terms, conditions, and costs associated with a transaction, among others.
Coverage Horizontal
BELIZE
Since January 2023, entry into force in August 2023
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Belize has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
BELIZE
Since 2021
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Belize has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
BELIZE
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Belize 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
BELIZE
Since December 2002, last amended in December 2022
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Statutory Instrument 152, 2002: Regulation for Type Approvals
It is reported that all products that utilise radio frequency and cellular technologies require the Public Utilities Commission (PUC) type approval and certification before import and commercialisation. According to Art. 5.1 of Statutory Instrument 152, the PUC may recognise approvals granted by other countries. In addition, according to Art. 5.3, where a licensed telecommunications operator wishes to supply customer premises equipment and related services, it shall be sufficient if that operator attaches a report to the application showing that the equipment has conformed to the acceptance testing requirements or international type approval. Finally, it is reported that Belize does not require in-country testing, local representation, or specific labelling. However, technical documents will be reviewed and validated by the PUC during the approval process.
Coverage Electronic products
BELIZE
N/A
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Lack of de minimis threshold
Belize does not implement any de minimis threshold, which is the minimum value of goods below which customs do not charge duties.
Coverage Horizontal
BELIZE
Since August 1999
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Public Utilities Commission Act, 1999
It is reported that the Public Utilities Commission, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. According to Arts. 3 and 22 of the Public Utilities Commission Act, there shall be an autonomous institution known as the Public Utilities Commission, which ensures 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 Telecommunications sector
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
N/A
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 regulations including:
- The Public Sector Data Sharing Act;
- The Electronic Transactions 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 related matters.
- The Public Sector Data Sharing Act;
- The Electronic Transactions 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 related matters.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220128152809/https://www.nationalassembly.gov.bz/wp-content/uploads/2021/12/Act-No-45-of-2021-Data-Protection-Act.pdf
- https://web.archive.org/web/20240206182255/https://www.nationalassembly.gov.bz/wp-content/uploads/2021/10/Act-No-27-of-2021-Public-Sector-Data-Sharing.pdf
- https://web.archive.org/web/20220308083729/https://www.nationalassembly.gov.bz/wp-content/uploads/2021/09/Act-No-21-of-2021-Electronic-Evidence.pdf
- https://web.archive.org/web/20230923055511/https://www.nationalassembly.gov.bz/wp-content/uploads/2020/10/Act-No.-32-of-2020-Cybercrime.pdf
- https://web.archive.org/web/20240707025345/https://www.agm.gov.bz/uploads/laws/639771ad867b9_Act_No._24_of_2022_Digital_Government_Act__2022.pdf
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BELIZE
Since October 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2021
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. Under Section 46 of the Act, intermediaries or electronic commerce service providers are not subject to civil or criminal liability for information in an electronic record they did not originate, provided they meet the following conditions:
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
Coverage Internet intermediaries
BELIZE
Since October 2021
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2021
The Electronic Transactions Act establishes a safe harbour regime for intermediaries beyond copyright infringements. Under Section 46 of the Act, intermediaries or electronic commerce service providers are not subject to civil or criminal liability for information in an electronic record they did not originate, provided they meet the following conditions:
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
- They have no actual knowledge of the information causing civil or criminal liability.
- They are unaware of facts or circumstances indicating a likelihood of such liability.
- They follow the take-down procedure in Section 47 if:
(i) They acquire knowledge that the information gives rise to criminal liability.
(ii) They become aware of facts or circumstances indicating a likelihood of civil or criminal liability.
Coverage Internet intermediaries
BELIZE
Reported in 2021, last reported in 2023
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 October 2004
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Online Gaming Regulations 2004
According to Art. 4 of Online Gaming Regulations, any person who conducts or intends to conduct any online gaming in or from within Belize shall apply to the Gaming Control Board for a licence.
Coverage Online gaming