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BAHRAIN

Since November 2009

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Resolution No. 8 of 2009 Promulgating a Regulation requiring Licensees to implement Lawful Access
According to Art. 9.1 of the Telecommunications Regulatory Authority (TRA)'s Board of Directors Resolution No. 8 of 2009, a licensee shall undertake to retain access-related information for one year from the date of each call that is successfully made between two or more parties, whether it results in conveying call content or not. Moreover, it is reported that, since 2009, the TRA has mandated that all telecommunications companies keep a record of customers’ phone calls, emails, and website visits for up to three years.
Coverage Telecommunications sector

BAHRAIN

Since December 2005

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Bahrain has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

BAHRAIN

Since March 2022
Since July 2018, entry into force in August 2019

Pillar Domestic data policies  |  Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Order No. 43 of 2022 Regarding the conditions to be met in the technical and organisational measures that guarantee the protection of personal data
(قرار رقم (43) لسنة 2022 بتحديد الاشتراطات التي يتعين توافرها في التدابير الفنية والتنظيمية الكفيلة بحماية البيانات الشخصية)

Law No. 30 of 2018 with Respect to Personal Data Protection Law
(قانون رقم (30) لسنة 2018 بإصدار قانون حماية البيانات الشخصية)
Art. 3 of Order No. 43 of 2022 states that controllers should conduct a Data Protection Impact Assessment (DPIA) in the following cases:
- Cases stipulated in Art. 22.1 of Law No. 30 of 2018, or a systematic and extensive evaluation of personal aspects relating to natural persons which is based on automated processing, including profiling, and on which decisions are based that produce legal effects concerning the natural person or similarly significantly affect the natural person;
- When processing on a large scale special categories of data or of personal data relating to instituting and pursuing criminal proceedings and related judgements referred to Art. 7 of Law No. 30; or
- When processing amounts to systematically monitoring a publicly accessible area on a large scale.
Coverage Horizontal

BAHRAIN

Since December 2005

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Bahrain has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BH')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"78746"},{"post_id":"78747"},{"post_id":"78748"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BH')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'BH')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"0.50"}]

BAHRAIN

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
1.81%
Coverage rate of zero-tariffs on ICT goods (%)
46.24%
Coverage: Digital goods

BAHRAIN

N/A

Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods  |  Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement Expansion Agreement (ITA II)
Bahrain is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 but is not a signatory of its 2015 expansion (ITA II).
Coverage ICT goods

BAHRAIN

Since October 2002, last amended in March 2010

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Legislative Decree No. 36 of 2002 With Respect to Regulating Government Tenders and Purchases
(مرسوم بقانون رقم (36) لسنة 2002 بشأن تنظيم المناقصات والمشتريات الحكومية. )
The Legislative Decree No. 36 of 2002 establishes a public procurement regime in Bahrain. The Decree distinguishes between local tenders and international tenders. Local tenders are limited to suppliers or contractors authorised to conduct business activities in the Kingdom of Bahrain according to the applicable laws and regulations. International tenders are open to both local suppliers and contractors, and international suppliers and contractors who are unregistered in the Kingdom may participate. According to Art. 19 of the Decree, the criteria for the distinction between local and international tenders shall be based on the nature of goods, constructions or services required to be purchased, the volume thereof, the extent of their complexity and the standards required. The Board shall be empowered to determine the reasons for the selection of an international tender based on such criteria.
Coverage Horizontal

BAHRAIN

Since June 2017

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Cabinet’s Resolution No. 2416-06 of 2017
(قر رقم 2416-06 لسنة 2017)
The Cabinet’s Resolutions No. 2416-06 of 2017 allocates a 20% share of the value of government procurements and tenders to SMEs and grants them a 10% preference in the biddings of service facilities for all public tenders, except for those of a special nature. The classification criteria through the size of the enterprises, which are available in the SMEs Registration System, exclude a branch of a foreign company from the SMEs classification. The SMEs Registration System is a window launched under the Resolution to enable SMEs to apply for classification certificates according to their size.
Coverage Horizontal

BAHRAIN

Reported in 2021

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Price preference based on local content requirements
It is reported that price preferences are given in public procurement to goods produced in Bahrain and in other Gulf Cooperation Council (GCC) member States, provided that the prices of these goods are within specified margins of the value of their imported equivalents. These are 10% for goods produced in Bahrain and 5% for goods produced in the GCC.
Coverage Horizontal

BAHRAIN

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Bahrain is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2008.
Coverage Horizontal

BAHRAIN

Since June 2001, last amended in May 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Decree-Law No. 21 of 2001 Promulgating the Commercial Companies Law
(مرسوم بقانون رقم (21) ‏2001‏ بإصدار قانون الشركات)
The Legislative Decree No. 21 of 2001 (the Commercial Companies Law), last amended in 2018, provides for the incorporation of companies with up to 100% foreign capital, except for certain business activities that are reserved for Bahraini nationals and companies. The Ministry of Industry, Commerce, and Tourism (MoICT) maintains a small list of business activities restricted to Bahraini ownership, which do not include any sector relevant for digital trade.
Coverage Horizontal

BAHRAIN

Since June 2001, last amended in May 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Decree-Law No. 21 of 2001 Promulgating the Commercial Companies Law
(مرسوم بقانون رقم (21) ‏2001‏ بإصدار قانون الشركات)
Under the Legislative Decree No. 21 of 2001, all investments and transactions in Bahrain are subject to a screening process conducted by the Ministry of Industry, Commerce, and Tourism (MoICT). Investments and transactions must comply with national security and public order requirements. Over the past year, the Ministry of the MoICT has required companies to disclose the ultimate beneficial owner of their shareholders, who own at least 10% of the share capital.
Coverage Horizontal

BAHRAIN

Since January 2004, last amended in May 2006

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Patents and Utility Models Law No. 1
(قانون رقم (1) لسنة 2004 بالإضافة إلى براءات ونماذج المنفعة)
Patent applicants must appoint a local agent if the applicant is not a resident of Bahrain. Any attorney or lawyer registered to practice before the Patent Office can act as an agent. Art. 5 of Law No. 1 of 2004 in respect of the Patent and Utility Module provides that: "any natural or legal person shall be entitled to file a patent application and acquire the subsequent rights ensuing therefrom subject to the provisions of this law. Eligible applicants may be nationals of the Kingdom, nationals of countries that are members of the World Trade Organization (WTO), or nationals of any other country who enjoy national treatment."
Coverage Horizontal

BAHAMAS

Since 2003

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
Bahamas 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

BAHAMAS

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
Bahamas 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

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