TAJIKISTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries
TAJIKISTAN
Since May 2002, as amended in December 2013
Pillar Intermediary liability |
Indicator User identity requirement
Law on Electric Communication - Act No. 56 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ АЛОҚАИ БАРҚӢ)
According to Art. 21 of the Law on Electric Communication, users are obliged to comply with the rules established for the use of electric communication services and, when concluding a contract, to present documents confirming the identity of a natural person or the constituent documents of a legal entity. Furthermore, pursuant to Art. 20, operators and providers of electric communications services are obliged to conclude contracts directly with natural or legal persons on the basis of identity documents for natural persons or constituent documents for legal persons. It should be noted that according to Art. 2, a natural person must present a passport (registration certificate for stateless persons) and a state registration certificate for legal persons. Services of electric communication are defined as the product of activities of the operator and provider for acceptance, transfer, and processing of signals and other types of information through networks of electric communication.
Coverage Electric communications services
Sources
- https://web.archive.org/web/20240330020425/http://mmk.tj/system/files/Legislation/56_tj.pdf
- https://web.archive.org/web/20240330020430/https://cis-legislation.com/document.fwx?rgn=2232
- https://cabar.asia/en/sim-card-re-registering-in-tajikistan-hundreds-of-thousands-of-citizens-could-be-deprived-of-mobile-connection
- Show more...
TAJIKISTAN
Reported in 2021, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In 2023, the government reportedly restricted online content on multiple occasions. Authorities blocked access to websites considered sensitive, such as YouTube, Twitter (now X), Facebook, ICQ and IMO, as well as virtual private network (VPN) connections, including those of diplomatic missions and international companies; they also severely limited Internet access to other websites. Security services reportedly subpoenaed VPN users to interrogate them about their online activities. In addition, it is estimated that between 2021 and 2022, more than 122,000 domains were blocked.
Coverage Websites
TAJIKISTAN
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Tajikistan for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal
TAJIKISTAN
Reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Open and transparent standard-setting process
Lack of a transparent standards regime
It is reported that TajikStandard, the government agency responsible for certifying goods and services and supervising compliance with state standards, lacks experts and appropriate equipment. TajikStandard does not publish its fees for licenses and certificates or its regulatory requirements.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Third party-certification from CABs from a number of countries with MRA accepted
It is reported that Tajik laws and standards impose mandatory requirements for certification of safety, consumer health, environmental protection and reduction of the potential for damage to consumer property for certain products and services. Products requiring such certification include electronic and radio equipment (to test for electrical and magnetic compatibility and safety).
It is reported that, since 2014, Tajikistan has recognised third-party conformity assessments carried out overseas by reciprocity. They are mainly from the Commonwealth of Independent States countries, with which Tajikistan has signed mutual recognition agreements, and Uzbekistan is under a bilateral agreement. However, it is reported that third-party conformity assessments are not always accepted in practice
It is reported that, since 2014, Tajikistan has recognised third-party conformity assessments carried out overseas by reciprocity. They are mainly from the Commonwealth of Independent States countries, with which Tajikistan has signed mutual recognition agreements, and Uzbekistan is under a bilateral agreement. However, it is reported that third-party conformity assessments are not always accepted in practice
Coverage Electronic products
Sources
- https://web.archive.org/web/20230330083547/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S399R1.pdf&Open=True
- https://web.archive.org/web/20240714094302/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
- https://web.archive.org/web/20220815074551/https://www.export.gov/apex/article2?id=Tajikistan-Trade-Standards
- https://web.archive.org/web/20220926222729/https://cis-legislation.com/document.fwx?rgn=75859
- https://web.archive.org/web/20230916213441/https://unece.org/DAM/trade/Publications/ECE_TRADE_450_NTFR-Tajikistan.pdf
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TAJIKISTAN
Since August 2018
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
According to Art. 18.2 of the Personal Data Act, international transfers of data are permitted to countries that provide adequate protection for personal data. However, the law does not provide a definition or description of what constitutes 'adequate protection'. Moreover, cross-border transfers to countries that do not provide adequate protection are possible in the following cases: with the consent of the data subject, where provided by international treaties binding on Tajikistan; for the protection of the rights and freedoms of persons and citizens, if it is impossible to obtain consent; and where provided by law, if it is necessary for the protection of constitutional order, public order, the rights and freedoms of persons and citizens, the health and integrity of citizens, and state security.
Coverage Horizontal
Sources
- ttps://web.archive.org/web/20231211125818/http://mmk.tj/system/files/Legislation/1537_TJ.doc.pdf
- https://web.archive.org/web/20240617164754/https://www.dataguidance.com/notes/tajikistan-data-transfers
TAJIKISTAN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Tajikistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
TAJIKISTAN
Since August 2018
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
Act No. 1537 provides a comprehensive regime of data protection in Tajikistan.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries
TAJIKISTAN
Since June 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Law - Act No. 403
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "Дар бораи сирри тиҷоратӣ")
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "Дар бораи сирри тиҷоратӣ")
Law No. 403 provides a framework for the effective protection of trade secrets.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Tajikistan to deliver telecom services to end users.
Coverage Telecommunications sector
TAJIKISTAN
Reported in 2022
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
It is reported that Tojiktelecom is the state-owned incumbent telecommunications operator. Tojiktelecom also holds a 25% stake in TT-Mobile, the second largest of Tajikistan's four mobile operators.
Coverage Telecommunications sector
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Tajikistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
TAJIKISTAN
Since April 2013
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Tajikistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
