CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom sector
The Croatian government owns 2.9% of the shares of Hrvatski Telekom. It is reported that in December 2015, following the public auction, CERP sold 500,000 of its shares in the Company (0.6% of HT d.d. share capital) via the Zagreb Stock Exchange trading system. Following this sale of shares, CERP reduced its holding from 3.5% to 2.9%.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Croatia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CROATIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Croatian Regulatory Authority for Network Industries (HAKOM), 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
CROATIA
Since April 2016, entry into force in May 2018
Since May 2018
Since May 2018
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Law on the Implementation of the General Data Protection Regulation (Zakon o provedbi Opće uredbe o zaštiti podataka NN 42/18)
Law on the Implementation of the General Data Protection Regulation (Zakon o provedbi Opće uredbe o zaštiti podataka NN 42/18)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Croatia implemented the GDPR in 2018 through the Law on the Implementation of the General Data Protection Regulation.
Coverage Horizontal
CROATIA
Since July 2000
Since 2003, last amended in 2014
Since 2003, last amended in 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
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.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20241205200246/https://books.google.es/books?id=vjUqDwAAQBAJ&pg=PA245&lpg=PA245&dq=safe+harbour+copyright+croatia&source=bl&ots=HFnJh8-iBF&sig=ACfU3U0k0gaDEs4m9jfw6BIdJyAJa...
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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CROATIA
Since July 2000
Since 2003, last amended in 2014
Since 2003, last amended in 2014
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
Act on Electronic Commerce (Zakon o elektroničkoj trgovini)
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.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20241205200246/https://books.google.es/books?id=vjUqDwAAQBAJ&pg=PA245&lpg=PA245&dq=safe+harbour+copyright+croatia&source=bl&ots=HFnJh8-iBF&sig=ACfU3U0k0gaDEs4m9jfw6BIdJyAJa...
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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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 May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Croatia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Croatia ratified the Treaty on 3 July 2000, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal
CROATIA
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)
1.15%
Coverage rate of zero-tariffs on ICT goods (%)
74.76%
Coverage: ICT goods
CROATIA
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)
Public Procurement Act NN 120-16 (Zakon o javnoj nabavi NN 120-16)
Public Procurement Act NN 120-16 (Zakon o javnoj nabavi NN 120-16)
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 Croatia, the Directive has been transposed with the Public Procurement Act NN 120-16.
In Croatia, the Directive has been transposed with the Public Procurement Act NN 120-16.
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/20230209081932/https://narodne-novine.nn.hr/clanci/sluzbeni/2016_12_120_2607.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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CROATIA
Reported in 2021, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the extensive use of state-owned companies limits the impact of ongoing procurement reforms to promote competition for public funds and increases the risk of conflicts of interest. Moreover, despite major progress in increasing transparency, corruption remains a significant concern, considering that, for instance, some stakeholders report the existence of discriminatory technical specifications in public procurement tenders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20221010033652/https://ec.europa.eu/regional_policy/sources/policy/how/improving-investment/public-procurement/study/country_profile/hr.pdf
- https://web.archive.org/web/20220305190149/https://www.oecd.org/corporate/OECD-Review-of-the-Corporate-Governance-of-State-Owned-Enterprises-Croatia.pdf
- https://web.archive.org/web/20240123154213/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
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CROATIA
Since 2003, last amendment in 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Foreign Exchange Act (Zakon o deviznom poslovanju)
Croatian law prohibits any discrimination between investments on the basis of nationality. Foreign investment rules follow a reciprocity principle.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231130040717/https://www.schoenherr.eu/content/has-croatia-implemented-fdi-screening-mechanism/
- https://web.archive.org/web/20241109060310/https://www2.deloitte.com/content/dam/Deloitte/cz/Documents/legal/CE_FDI.pdf
- https://web.archive.org/web/20221117115818/https://www.oecd.org/investment/OECD-Investment-Policy-Review-of-Croatia-Overview-Assessment.pdf
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CROATIA
Since February 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patent Act (OG No. 16/2020) (Zakon o patentu NN 16/2020)
Art. 17 of the Patent Act establishes that foreign companies must act through a representative in order to register a patent with the Croatian Intellectual Property Office. In addition, a translation of the patent shall be provided in Croatian at least two months after filing.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230327052545/https://www.ip-coster.com/IPGuides/c/intellectual-property-croatia
- https://web.archive.org/web/20241205200203/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/hr/hr150en.pdf
- https://www.wipo.int/pct/en/pct_contracting_states.html
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CROATIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Croatia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
