CYPRUS
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Cyprus 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
CYPRUS
Since March 2010, entry into force in May 2010, last amended in 2018
Since January1998, as amended in May 2021
Since January1998, as amended in May 2021
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
Law on Radio and Television organizations of 1998 (7(I)/ 1998) (Ο περί Ραδιοφωνικών και Τηλεοπτικών Οργανισμών Νόμος του 1998 (7(I)/1998))
Law on Radio and Television organizations of 1998 (7(I)/ 1998) (Ο περί Ραδιοφωνικών και Τηλεοπτικών Οργανισμών Νόμος του 1998 (7(I)/1998))
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 Cyprus, the EU Directive was transposed into domestic law through the amendment of Law 7(I)/1998 of May 2021 (197(I)/2021). According to Art. Art. 31Α of the law, audiovisual service providers are required to retain at least 30% of their catalogues for European works and to display them prominently. Cyprus has not implemented financial contribution obligations to VOD service providers.
In Cyprus, the EU Directive was transposed into domestic law through the amendment of Law 7(I)/1998 of May 2021 (197(I)/2021). According to Art. Art. 31Α of the law, audiovisual service providers are required to retain at least 30% of their catalogues for European works and to display them prominently. Cyprus has not implemented financial contribution obligations to VOD service providers.
Coverage Audiovisual Media Services
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/20231218141041/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20230401162832/https://www.cylaw.org/nomoi/enop/non-ind/1998_1_7/full.html
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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CYPRUS
Since July 2020
Since April 2004, last amended in July 2007
Since April 2004, last amended in July 2007
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
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.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20221118175903/https://www.cylaw.org/nomoi/enop/non-ind/2004_1_156/full.html
- https://web.archive.org/web/20241213161000/https://www.chambersandco.com/e-commerce-domain-name-disputes/
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CYPRUS
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
CYPRUS
Reported in 2020, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Cypriot State owns the majority of shares of the Cypriot Telecommunications Authority (Cyta), which is the incumbent telecom operator.
Coverage Telecommunications sector
CYPRUS
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Cyprus does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, obligated companies (i.e. companies that have been designated as such by a decision of the Commissioner for a relevant market) must prepare and make available to the Commissioner their separate accounts of revenues and costs of supply of goods and/or services.
Coverage Telecommunications sector
CYPRUS
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Cyprus Inland Telecommunications Authority (Cyta), 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
CYPRUS
Since April 2016, entry into force in May 2018
Since July 2018
Since July 2018
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Law Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data of 2018 (Law 125(I)/2018) (Ο περί της Προστασίας των Φυσικών Προσώπων Έναντι της Επεξεργασίας των Δεδομένων Προσωπικού Χαρακτήρα και της Ελεύθερης Κυκλοφορίας των Δεδομένων αυτών Νόμος του 2018 (Ν. 125(I)/2018))
Law Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data of 2018 (Law 125(I)/2018) (Ο περί της Προστασίας των Φυσικών Προσώπων Έναντι της Επεξεργασίας των Δεδομένων Προσωπικού Χαρακτήρα και της Ελεύθερης Κυκλοφορίας των Δεδομένων αυτών Νόμος του 2018 (Ν. 125(I)/2018))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Cyprus implemented the GDPR by means of Law Providing for the Protection of Natural Persons with regard to the Processing of Personal Data and for the Free Movement of Such Data
Coverage Horizontal
CYPRUS
Since May 2006
In April 2014
Since 2007, entered into force in December 2007, last amended in 2008
In April 2014
Since 2007, entered into force in December 2007, last amended in 2008
Pillar Domestic data policies |
Indicator Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Law 183(I)/2007 Law on Retention of Telecommunication Data for the Investigation of Serious Criminal Offences (Ο περί Διατήρησης Τηλεπικοινωνιακών Δεδομένων με Σκοπό τη Διερεύνηση Σοβαρών Ποινικών Αδικημάτων Νόμος του 2007 (183(I)/2007))
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Law 183(I)/2007 Law on Retention of Telecommunication Data for the Investigation of Serious Criminal Offences (Ο περί Διατήρησης Τηλεπικοινωνιακών Δεδομένων με Σκοπό τη Διερεύνηση Σοβαρών Ποινικών Αδικημάτων Νόμος του 2007 (183(I)/2007))
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the directive have been overturned.
Cyprus's law implementing the Directive is still in place. Specifically, according to Section 13 of Law 183(I)/2007, telecommunications services providers are obliged to retain data for a period of at least six months.
Cyprus's law implementing the Directive is still in place. Specifically, according to Section 13 of Law 183(I)/2007, telecommunications services providers are obliged to retain data for a period of at least six months.
Coverage Telecommunications sector
CYPRUS
Since July 2020
Since April 2004, last amended in July 2007
Since April 2004, last amended in July 2007
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
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.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal
CYPRUS
Since March 2004, last amended in February 2014
Since December 2016
Since December 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Regulation of Contract Award Procedures for Entities Active in the Water, Energy, Transport and Postal Services Sectors and Related Matters Law of 2016 (Law 140(I)/2016) (περί της Ρύθμισης των Διαδικασιών Σύναψης Συμβάσεων Φορέων που Δραστηριοποιούνται στους Τομείς του Ύδατος, της Ενέργειας, των Μεταφορών και των Ταχυδρομικών Υπηρεσιών και για Συναφή Θέματα Νόμος του 2016 (Ν. 140(I)/2016))
Regulation of Contract Award Procedures for Entities Active in the Water, Energy, Transport and Postal Services Sectors and Related Matters Law of 2016 (Law 140(I)/2016) (περί της Ρύθμισης των Διαδικασιών Σύναψης Συμβάσεων Φορέων που Δραστηριοποιούνται στους Τομείς του Ύδατος, της Ενέργειας, των Μεταφορών και των Ταχυδρομικών Υπηρεσιών και για Συναφή Θέματα Νόμος του 2016 (Ν. 140(I)/2016))
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Cyprus, the Directive has been transposed with the Regulation of Contract Award Procedures for Entities Active in the Water, Energy, Transport and Postal Services Sectors and Related Matters Law of 2016.
In Cyprus, the Directive has been transposed with the Regulation of Contract Award Procedures for Entities Active in the Water, Energy, Transport and Postal Services Sectors and Related Matters Law of 2016.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20220120142329/http://www.cylaw.org/nomoi/indexes/2016_1_140.html
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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CYPRUS
Reported in 2022, last reported in the 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that Cyprus has not established restrictions on ownership control of foreign investment in sectors relevant to the digital economy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230129152003/https://www.lloydsbanktrade.com/en/market-potential/cyprus/investment
- https://web.archive.org/web/20241205201535/https://www.celis.institute/celis-news/celis-briefing-note-cyprus-republic-of-cyprus-fdis-bill-state-of-play/
- https://web.archive.org/web/20240123154213/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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CYPRUS
Since March 2019
Since October 2020
Since October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Decision 90.013/2020 of the Council of Ministers
Decision 90.013/2020 of the Council of Ministers
Under Regulation 2019/452, Member States may maintain their existing investment screening mechanisms (22 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission, which may issue an opinion when an investment threatens the security or public order of more than one Member State or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
Cyprus currently lacks a horizontal mandatory foreign investment screening mechanism for FDI, aside from sector-specific licenses issued by relevant ministries. However, the country is drafting legislation in line with EU regulations to establish an investment screening mechanism under the Ministry of Finance, which is expected to pass in 2024.
In the meantime, Decision 90.013 of the Council of Ministers approved the Fast-Track Business Activation Mechanism, which implements an FDI screening for foreign companies. This mechanism applies to certain sectors, including telecommunications, where a regulatory and licensing regime is enforced under local legislation
Cyprus currently lacks a horizontal mandatory foreign investment screening mechanism for FDI, aside from sector-specific licenses issued by relevant ministries. However, the country is drafting legislation in line with EU regulations to establish an investment screening mechanism under the Ministry of Finance, which is expected to pass in 2024.
In the meantime, Decision 90.013 of the Council of Ministers approved the Fast-Track Business Activation Mechanism, which implements an FDI screening for foreign companies. This mechanism applies to certain sectors, including telecommunications, where a regulatory and licensing regime is enforced under local legislation
Coverage Horizontal
Sources
- https://web.archive.org/web/20241205201012/https://assets.ey.com/content/dam/ey-sites/ey-com/en_gl/topics/tax/tax-pdfs/ey-global-foreign-direct-investment-screening-guide-april.pdf?download
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20230603123542/https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
- https://web.archive.org/web/20241213155848/https://www.state.gov/reports/2024-investment-climate-statements/cyprus/
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CYPRUS
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Cyprus is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
CYPRUS
Since May 2001
Since December 1976, last amended in 2020
Since December 1976, last amended in 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright and Related Rights Law - Law No. 59(I)/1976 (Ο περί του Δικαιώματος Πνευματικής Ιδιοκτησίας και Συγγενικών Δικαιωμάτων Νόμος του 1976 (Ν. 59/1976))
Copyright and Related Rights Law - Law No. 59(I)/1976 (Ο περί του Δικαιώματος Πνευματικής Ιδιοκτησίας και Συγγενικών Δικαιωμάτων Νόμος του 1976 (Ν. 59/1976))
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Cyprus has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyright and Related Rights Law outlines the limitations and permitted acts that align with international standards and regulations. Art. 7 of the Act specifies that no copyright infringement occurs through fair dealing for purposes of research, private use, criticism or review, or the reporting of current events, provided that, if such use is made in public, it is accompanied by an acknowledgment of the title of the work and its authorship.
Cyprus has a clear regime of copyright exceptions that follows the fair dealing model, allowing others to make lawful use of copyrighted works without obtaining permission. The Copyright and Related Rights Law outlines the limitations and permitted acts that align with international standards and regulations. Art. 7 of the Act specifies that no copyright infringement occurs through fair dealing for purposes of research, private use, criticism or review, or the reporting of current events, provided that, if such use is made in public, it is accompanied by an acknowledgment of the title of the work and its authorship.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230926163728/http://cylaw.org/nomoi/arith/2004_1_128.pdf
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20241213160055/https://euipo.europa.eu/ohimportal/nl/web/observatory/faq-cy
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