CYPRUS
Since April 2016
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law 73(I)/2016 on the Regulation of the Procurement Procedures and Related Issues (Νομος N. 73(I)/2016 που προβλεπει για τη ρυθμιση των διαδικασιων συναψης δημοσιων συμβασεων και για συναφη θεματα)
Under Art. 22 of Law 73(I)/2016, Cypriot authorities are obligated to extend equal treatment in public procurement only to EU member states and those countries that are signatories to the WTO Agreement on Public Procurement or other relevant international agreements
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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CYPRUS
Reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that from 2017 to 2022, Cyprus had the highest rates of internet piracy among EU member states. Cyprus notably leads in piracy rates for live sports events, significantly surpassing the EU average, with Portugal and Greece close behind. Moreover, it is reported that in 2022, pirated TV content experienced a notable increase, with TV shows, series, and on-demand movies being the most commonly pirated genres.
Coverage Horizontal
CROATIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Croatia 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
CROATIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Croatia 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
CROATIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since October 2021, as amended in October 2022
Since 2009, last amended in April 2013
Since October 2021, as amended in October 2022
Since 2009, last amended in April 2013
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Electronic Media Act (Zakon o elektroničkim medijima NN 111/21)
Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works (Pravilnik o kriterijima i načinu povećanja opsega udjela europskih djela - NN 48/2022)
Electronic Media Act (Zakon o elektroničkim medijima NN 111/21)
Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works (Pravilnik o kriterijima i načinu povećanja opsega udjela europskih djela - NN 48/2022)
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 Croatia, the EU Directive was transposed into domestic law through the amendment of the Electronic Media Act of October 2022 (Official Gazette 114/2022). According to Art. 27 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of the works in their catalogues are European and that these works are prominently displayed on the front page of the catalogue. Additionally, service providers are required to invest 2% of their total annual gross income in the production of Croatian audiovisual works by independent producers or to purchase Croatian audiovisual works from such producers. Providers are also obliged to maintain and progressively increase the share of European works in their programme catalogues.
Furthermore, Art. 6.3 of the Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works stipulates that service providers with catalogues containing more than 20% but less than 30% European works must raise this share to at least 30% within two years. The increase must be gradual, with providers achieving at least 25% in the first year after obtaining their licence and a minimum of 30% by the second year.
In Croatia, the EU Directive was transposed into domestic law through the amendment of the Electronic Media Act of October 2022 (Official Gazette 114/2022). According to Art. 27 of the Act, providers of on-demand audiovisual media services must ensure that at least 30% of the works in their catalogues are European and that these works are prominently displayed on the front page of the catalogue. Additionally, service providers are required to invest 2% of their total annual gross income in the production of Croatian audiovisual works by independent producers or to purchase Croatian audiovisual works from such producers. Providers are also obliged to maintain and progressively increase the share of European works in their programme catalogues.
Furthermore, Art. 6.3 of the Rules on the Criteria and Manner of Increasing the Scope of the Share of European Works stipulates that service providers with catalogues containing more than 20% but less than 30% European works must raise this share to at least 30% within two years. The increase must be gradual, with providers achieving at least 25% in the first year after obtaining their licence and a minimum of 30% by the second year.
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/20231218140331/https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://web.archive.org/web/20231206005437/https://www.zakon.hr/z/196/Zakon-o-elektroni%C4%8Dkim-medijima
- https://web.archive.org/web/20170129092252/https://narodne-novine.nn.hr/clanci/sluzbeni/2015_07_77_1483.html
- https://web.archive.org/web/20240609131307/https://rm.coe.int/iris-plus-2022-2-tables/1680a6889d
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CROATIA
Since 2010, last amended 2017
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Rules on the Organization and Management of the Top National Internet Domain (Pravilnik o ustrojstvu I upravljanju vršnom nacionalnom internetskom domenom)
To register a ".com.hr" domain name, the registry asks that the company registering the domain name be established under Croatian law or that there is administrative contact has a local presence in Croatia (Art. 15 of the Rules on the Organization and Management of the Top National Internet Domain). The latter, with the exception of companies incorporated in a European Union Member State or an individual from a European Union Member State, will be entitled to apply for Croatian country code domain names.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230127011651/https://www.domene.hr/en/portal/files/Izmjena_i_dopuna_Pravilnika_en.pdf?20200709-1
- https://web.archive.org/web/20231222211939/https://www.eurodns.com/domain-extensions/hr-domain-registration
- https://web.archive.org/web/20230127010623/https://www.domene.hr/en/portal/files/OdlukaEUhr_en.pdf?20200709-1
- https://web.archive.org/web/20240511113650/https://www.domene.hr/en/portal/files/HRTLDpravilnik2010_en.pdf?20200709-1
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CROATIA
Since June 2014
Since March 2014, as amended in February 2019
Since March 2014, as amended in February 2019
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act NN 41/2014.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210325212820/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20240808104506/https://www.hnb.hr/documents/20182/2135754/e-zakon-o-zastiti-potrosaca_npt.pdf/4d549265-7b06-a4a9-b87b-3d0de0dd58ff?version=1.1&t=1567676494363&download=true
- https://web.archive.org/web/20240223193048/https://narodne-novine.nn.hr/clanci/sluzbeni/2019_02_14_279.html
- https://web.archive.org/web/20230328040645/https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/101657/122586/F1440522419/HRV-2014-L-101657.pdf
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CROATIA
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
Croatia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CROATIA
Since April 2019
Since October 2021
Since October 2021
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
Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
Act on Copyright and Related Rights (Zakon o Autorskom Pravu I Srodnim Pravima)
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).
To implement Directive 2019/790, the Parliament has adopted the Act on Copyright and Related Rights, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790, the Parliament has adopted the Act on Copyright and Related Rights, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/hr/hr154en.pdf
- https://web.archive.org/web/20220925072501/https://narodne-novine.nn.hr/clanci/sluzbeni/2021_10_111_1941.html
- https://web.archive.org/web/20230322163609/https://www.create.ac.uk/cdsm-implementation-resource-page/
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CROATIA
Since June 2016
Since April 2018
Since April 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Act on the Protection of Undisclosed Information with Market Value (Zakon o Zaštiti Neobjavljenih Informacija s Tržišnom Vrijednošću)
Act on the Protection of Undisclosed Information with Market Value (Zakon o Zaštiti Neobjavljenih Informacija s Tržišnom Vrijednošću)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. In Croatia, the Directive was transposed in the Protection of Undisclosed Information with the Market Value Act of 2018.
Coverage Horizontal
