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BELGIUM

Reported in 2020, last reported in 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Open environment for foreign investment
The regulatory environment does not impose control limits on foreign companies. The country does not have a specific investment law, however investment is regulated within the framework of the Belgian Companies and Associations Code (the "BCCA"), enacted by the Belgian parliament in February 2019.
Coverage Horizontal

BELGIUM

Since June 2022, entry into force in July 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Cooperation Agreement
In November 2022, the Belgian federal and regional governments formalised a cooperation agreement to establish a screening mechanism for foreign direct investment (FDI), which was implemented in July 2023. Subsequently, in May 2023, the Federal Public Service of Economy released draft guidelines to elucidate the scope and procedural framework of this FDI screening mechanism in Belgium. According to these guidelines, the regime is applicable to FDI, which may affect national security, public order, or the strategic interests of Belgium and its federated entities. Under this mandatory regime, strategic non-EU investors are required to notify and obtain prior approval for FDI projects, with the potential for ex officio assessments up to two years post-transaction. The regime encompasses various types of investments, including transactions that result in the acquisition of at least 25% of voting rights in a Belgian target company engaged in critical infrastructures, digital infrastructures, media, data processing or storage, as well as investments in technologies and raw materials essential for strategic sectors such as AI, robotics, semiconductors, cybersecurity, aerospace, defence, energy storage, quantum and nuclear technologies, and nanotechnologies.
Coverage Horizontal
Sources

BELGIUM

Since March 1991, last amended in 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Cabinet Decision Amending the Law of 21 March 1991 on the Reform of Certain Public Economic Enterprises (Loi Modifiant la Loi du 21 Mars 1991 Portant Réforme de Certaines Entreprises Publiques Économiques Afin d'Adapter le Cadre Réglementaire aux Obligations en Matière de Libre Concurrence et d'Harmonisation sur le Marché des Télécommunications Découlant des Décisions de l'Union Européenne)
The Cabinet Decision Amending the Law of 21 March 1991 on the Reform of Certain Public Economic Enterprises made it possible for private investors to invest in telecom provider Proximus to the extent that the government's stake could fall below 50%+1 share with a resolution approved by the Council of Ministers. This is also explicitly mentioned in Art. 54/6 of the Law of 21 March 1991 on the reform of certain public economic enterprises. Although private, including foreign, investment in Proximus is possible, the government screens the investment guided by the strategic importance of a stake in the company concerned, the need for Belgian anchoring, the essential contribution that the company can make to the pursuit of sustainable economic growth, its social usefulness and its impact on employment.
Coverage Proximus
"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 = 'BE')\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":"97583"},{"post_id":"97584"},{"post_id":"97585"}]
"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 = 'BE')\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 = 'BE')\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":"EU"}]

BELGIUM

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)
0.8%
Coverage rate of zero-tariffs on ICT goods (%)
78.95%
Coverage: ICT goods

AUSTRIA

Since June 2014
Since May 2014, last amended in July 2022

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Federal Act of 8 March 1979 Establishing Provisions for the Protection of Consumers (Consumer Protection Law) (Bundesgesetz vom 8. März 1979, mit dem Bestimmungen zum Schutz der Verbraucher getroffen werden (Konsumentenschutzgesetz – KSchG))
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Federal Act of 8 March 1979, Establishing Provisions for the Protection of Consumers (Consumer Protection Law).
Coverage Horizontal

AUSTRIA

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
Austria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

AUSTRIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Austria 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

AUSTRIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Austria 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

AUSTRIA

Since July 2000
Since 2001, last amended in 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

E-Commerce Act (E-Commerce-Gesetz)
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.
Safe harbours for intermediaries of the e-Commerce Directive are incorporated into Austrian national law by the e-Commerce Act. Section V of the legislation provides for an exclusion from the liability regime, under certain circumstances, for:
- Mere access providers (Section 13).
- Search engine services (Section 14).
- Caching providers (Section 15).
- Hosting providers (Section 16).
- Link providers (Section 17).
Coverage Horizontal

AUSTRIA

Since July 2000
Since 2001, last amended in 2020

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

E-Commerce Act (E-Commerce-Gesetz)
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.
Safe harbours for intermediaries of the e-Commerce Directive are incorporated into Austrian national law by the e-Commerce Act. Section V of the legislation provides for an exclusion from the liability regime, under certain circumstances, for:
- Mere access providers (Section 13).
- Search engine services (Section 14).
- Caching providers (Section 15).
- Hosting providers (Section 16).
- Link providers (Section 17).
Coverage Horizontal

AUSTRIA

Since September 2019

Pillar Intermediary liability  |  Indicator User identity requirement
Ordinance of the Federal Minister of Transport, Innovation and Technology on the procedures for identifying participants - Federal Law Bulletin II No. 7/2019(Verordnung des Bundesministers für Verkehr, Innovation und Technologie über Verfahren zur Identifikation von Teilnehmern)
According to the Ordinance of the Federal Minister of Transport, Innovation and Technology on the procedures for identifying participants (Federal Law Bulletin II No. 7/2019), all mobile value cards in Austria must be registered. It is mandatory to register the following data: first name, last name, academic degree and date of birth. Customers can register in person with their mobile operator, for which an official ID is necessary. It is also possible to register online, which requires the customer to take a photo of themselves and their ID. Holders of an Austrian bank account can also register via said account. Companies must register through an authorised representative who must submit a suitable document from the company register.
Coverage Telecommunications sector

AUSTRIA

Since October 2020

Pillar Intermediary liability  |  Indicator Monitoring requirement
Communication Platforms Act (Kommunikationsplattformen-Gesetz)
The Communication Platforms Act, which went into effect in October 2020, requires online social media platforms with more than 100,000 users in Austria and annual revenue of at least Eur 500 million (approximately USD 560 million) in Austria to establish a complaints department with a streamlined procedure for managing hate speech posts. The law applies to a catalogue of 15 criminal offences, including hate speech, coercion, stalking and the degradation of religious teachings. Platforms must provide a reporting function for this illegal content and react immediately to notifications. If the content is obviously illegal for legal laypersons, it must be blocked within 24 hours after the notification. If the illegality is not that obvious, the platform can take a maximum of 7 days to respond. The law allows individuals to sue in court to compel platforms to immediately delete content ruled as hate speech. Media platforms and communication forums that are “directly linked to journalistic activity” are exempt from the new law. Online information services, such as Wikipedia and online retail services, are also exempt.
Coverage Social media platforms

AUSTRIA

Since April 2019
Since April 1936, as amended in December 2023

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

Austrian Copyright Law (Urheberrechtsgesetz)
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 Federal Council has adopted the Copyright Amendment 2021 that amends the Copyright Act (Urheberrechtsgesetz – UrhG), therefore making online content-sharing service providers partially liable for copyright violations on their platforms. In addition, according to Section 81 of the Act, the intermediary can be sued for injunctive relief in certain cases.
Coverage Online content sharing service

AUSTRIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2001, as amended in January 2021, last amended April 2022

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)

Federal Act on Audiovisual Media Services (Audiovisual Media Services Act – AMD-G) (Bundesgesetz über audiovisuelle Mediendienste (Audiovisuelle Mediendienste-Gesetz – AMD-G))
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 Austria, the EU Directive was transposed into domestic law through the amendment of the Audiovisual Media Services Act of January 2021 (Federal Law Gazette I No. 150/2020). According to Art. 40 of the Act, providers of on-demand audiovisual media services must ensure that, on average, at least 30% of the titles in their catalogues over a calendar year are European works. Additionally, these European works must be prominently highlighted compared to other content in the catalogue, using clear labelling. Austria has not introduced financial contribution obligations for VOD service providers.
Coverage Broadcasting

AUSTRIA

Since August 2003, last amended in September 2021
Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Telecommunications Act 2003 (TKG 2003) (Telekommunikationsgesetz 2003 –
TKG 2003)

Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
Passive sharing is mandated and is effective in both the mobile and fixed sectors. Access to passive infrastructure is possible based on the Telecommunications Act 2003. According to Art 8 of the Act, owners or other authorised users of an antenna mast or a high-voltage mast must permit providers of a public communications network, fire brigades, rescue services as well as police authorities the joint use if this is economically reasonable and technically feasible, in particular in terms of frequencies. The owner or other authorised user shall perform technical modifications required for this purpose or have them performed if the modifications are slight and the person seeking joint use pays the costs. The right of joint use shall also include joint use of the infrastructure necessary for operation. The owner or other authorised user must not use his power to dispose of the system to the disadvantage of the joint user. On the other hand, infrastructure sharing is practised in Austria in the mobile sector only in terms of site sharing and national roaming.
In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

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