Database

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PANAMA

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

PANAMA

Since April 1996
Since July 1997
Since November 2014

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Executive Decree No. 73

Law 23 of July 15, 1997

ASEP Resolution 8105, 2014
According to the Art. 290 of the Executive Decree No. 73, all the equipment that is connected to the public network or used to carry out radioelectric emissions shall be approved for its commercialization, use and operation. The requirements are established by the Regulatory Entity in order to ensure adequate compliance with the technical specifications.
According to the Art. 93 of Law 23 of July 15, 1997, the General Direction of Standards and Industrial Technology (DGNTI) is the organization responsible for technical standardization and conformity assessment. According to the DGNTI, the document that approves a certificate of conformity shall be issued either by a certification body duly accredited under ISO/IEC 17065 or by an accreditation body with international recognition under the Multilateral Recognition Agreements of the International Accreditation Forum (IAF).
It is reported that products that use radio frequency technology require ASEP (Autoridad Nacional de los Servicios Públicos)-type approval and certification to import and commercialize in Panama and that no testing is required. However, a homologation process is necessary in order to obtain ASEP approval. Technical documents will be reviewed and validated in the approval process. The following products are signaled as requiring ASEP approval: transceivers, personal trackers, wireless microphones, mobile phones, Radio Frequency Identification equipment, radio alarms.
Coverage Telecommunications equipment, mobile phones

PANAMA

Since July 2008

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Law No. 51 Which establishes rules for the conservation, protection and provision of data of users of telecommunication services and adopts other provisions (Ley No. 51 Que dicta normas para la conservación, la protección y el suministro de datos de usuarios de los servicios de telecomunicaciones y adopta otras disposiciones)
Arts. 88-91 of Law No. 51 provides a safe harbor that shields network operators, service providers, online trade service providers and storage service providers from responsibility.
Coverage Internet intermediaries

PANAMA

Since September 2009

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law No. 51 Which establishes rules for the conservation, protection and provision of data of users of telecommunication services and adopts other provisions (Ley No. 51 Que dicta normas para la conservación, la protección y el suministro de datos de usuarios de los servicios de telecomunicaciones y adopta otras disposiciones)
Art. 4 of Law No. 51 establishes that mobile telephone operators, their subsidiaries and authorized agents that commercialize services with activity systems through the prepaid card modality must keep a record of the identity or general information provided by their customers who acquire a telephone unit or smart card (SIM) with such payment modality.
Coverage Telecommunications sector

PANAMA

Since July 2008

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Law No. 51 Which establishes rules for the conservation, protection and provision of data of users of telecommunication services and adopts other provisions (Ley No. 51 Que dicta normas para la conservación, la protección y el suministro de datos de usuarios de los servicios de telecomunicaciones y adopta otras disposiciones)
Arts. 88-91 of Law No. 51 provides a safe harbor that shields network operators, service providers, online trade service providers and storage service providers from responsibility. In addition, a safe harbor provision also forms a substantial part of the intellectual property chapter in the FTA entered into between the United States of America and Panama (Art. 15.11, para. 27).
Coverage Internet intermediaries

PANAMA

Since March 2019, entry into force in March 2021

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Law No. 81 on Personal Data Protection (Ley No. 81 - Sobre protección de datos personales)
The Personal Data Protection Law provides a comprehensive data protection regime. The law applies any person in charge of data processing who is domiciled in Panama and any foreign companies' ongoing commercial online activities targeting Panamanian market.
Coverage Horizontal

PANAMA

Since March 2019, entry into force in March 2021

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 81 on Personal Data Protection (Ley No. 81 - Sobre protección de datos personales)
Under Art. 5 of Law No. 81, the transfer of personal data of a confidential, sensitive or restricted nature by the company responsible for the database or its custodian shall be permitted, provided that the company and/or its country of residence provide a level of protection comparable to that of Law No. 81; or if the transferring entity takes all necessary steps to ensure that the data will be protected in a manner consistent with the Law No. 81 through contracts, codes of conduct or applicable international standards. Art. 5 lists the following exemptions: when the data subject has given his/her consent; in the case of bank, money, stock market or securities transfers; when the transfer of the information is required by law or in order to comply with international treaties ratified by the Republic of Panama; and when the transfer is necessary for the conclusion or execution of a contract concluded or to be celebrated by the interested party or in their interest.
Coverage Horizontal

PANAMA

Since April 2014, entry into force in July 2015

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Free Trade Agreement between the United Mexican States and the Republic of Panama
Panama has taken commitment covering cross-border data flow in the Free Trade Agreement between the United Mexican States and the Republic of Panama (Art.14.10).
Coverage Horizontal

PANAMA

Since February 2006

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Decree-Law No. 10 (Decreto de Ley No. 10)
According to Art. 11 of Decree-Law No. 10, the National Telecommunications Directorate, 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

PANAMA

Since September 2021

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Resolution No. 52. Establishing guidelines for the location of databases operating under the concept of cloud computing or cloud services (Resolución No. 52. Por la cual se establece la directriz para la ubicación de las bases de datos que operen bajo el concepto de nube computacional o servicios en la nube)
Resolution No. 52, issued by the Panamanian Authority for Government Innovation in September 2021, requires government entities with mission-critical or sensitive data in the cloud to transition such data to in-country storage facilities by end of December 2022. However, according to foreign companies and cloud service providers, the Resolution has not had a material impact on their operations in Panama and enforcement mechanisms have not been implemented.
Coverage Cloud services for the public sector

PANAMA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of signature of the WTO Telecom Reference Paper
Panama has not appended the WTO Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

PANAMA

Since June 2018

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 36 regulating economic concentrations in the mobile market (Ley No. 36 que regula las concentraciones económicas del mercado móvil)
It is reported that there are restrictions for obtaining a license to provide telecommunication services or to operate telecommunication facilities. In the specific case of mobile telephony, Art. 1 of Law No. 36 establishes that the market will be consolidated into three concessions for the operation of these services.
Coverage Telecommunications sector

PANAMA

Since April 1997

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Decree Executive No. 73 (By which Law No.31 of February 8, 1996 is regulated, by which rules are issued for the regulation of telecommunications in the Republic of Panama)
According to Art. 74 of the Decree No.73, it is necessary for service provider to obtain the corresponding concession in advance to provide any telecommunications service. For foreign companies, a registration in the Public Registry shall be finished before obtaining the concession.
Coverage Telecommunications sector

PANAMA

Since July 1991

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Restriction on the concessions for cellular mobile telephony services
According to Art. 8 of Law No. 17, concessions for cellular mobile telephony services can only be granted to Panamanians and foreign corporations domiciled in the territory of the Republic of Panama.
Coverage Mobile telephony services

PANAMA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The government owns 49% of the shares of Cable & Wireless Panama, SA, which is a Panamanian telecom company governed by private law.
Coverage Telecommunications sector