Database

Browse Database

DOMINICAN REPUBLIC

Since 2002

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Dominican Republic 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

DOMINICAN REPUBLIC

N/A

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

DOMINICAN REPUBLIC

Since July 2005

Pillar Online sales and transactions  |  Indicator Threshold for ‘De Minimis’ rule
Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments (Decreto No. 402-05 que aprueba el Reglamento para el Despacho Expreso de Envíos)
According to Art. 4 of Decree No. 402-05 approving the Regulations for the Express Dispatch of Shipments, the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200, following the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

DOMINICAN REPUBLIC

Since September 2005

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
General Law No. 358-05 for the Protection of Consumer or User Rights (Ley General No. 358-05 de Protección de los Derechos del Consumidor o Usuario)
Law No. 358-05 provides a comprehensive framework for consumer protection that also applies to online transactions.
Coverage Horizontal

DOMINICAN REPUBLIC

Since August 2012, entry into force in March 2013

Pillar Online sales and transactions  |  Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Dominican Republic has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

DOMINICAN REPUBLIC

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
The Dominican Republic does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation to separate the accounts since 1998. According to Art. 30.h of the Law No. 153/1998 - General Telecommunications Law, in case a concessionaire provides several public telecommunications services, it must keep separate accounts for each service, in order to enable the control of fair and effective competition.
Coverage Telecommunications sector

DOMINICAN REPUBLIC

Since May 1998

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
General Telecommunications Law No. 153-98 (Ley General de Telecomunicaciones No. 153-98)
Chapter V of the General Telecommunications Law addresses concessions and licences. It is reported that a minimum capital requirement must be satisfied in order to obtain a licence; however, no such requirement has been identified in the relevant legal provisions.
Coverage Telecommunications sector

DOMINICAN REPUBLIC

Since April 1997

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
The Dominican Republic has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

DOMINICAN REPUBLIC

Since May 1998

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
General Telecommunications Law No. 153-98 (Ley General de Telecomunicaciones No. 153-98)
According to Art. 76 of the General Telecommunications law, the Dominican Telecommunications Institute (INDOTEL), 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

DOMINICAN REPUBLIC

Since December 2013

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Personal Data Protection Law No. 172-13 (Ley No. 172-13 sobre Protección de Datos Personales)
Under Art. 80 of Law No. 172-13, personal data may only be transferred internationally if the owner of the data expressly authorises such transfer or if such transfer is necessary for the performance of a contract between the owner of the data and the person or entity responsible for the treatment of the personal data. Data transfer is considered a form of 'treatment' of personal data under Art. 6.20 of Law.
Coverage Horizontal

DOMINICAN REPUBLIC

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of accession to agreements with binding commitments to open data transfers across borders
The Dominican Republic has not acceded to any agreement with binding commitments to open data transfers across borders. However, Art. 13.2 of DR-CAFTA provides that "Each Party shall ensure that enterprises of another Party may use public telecommunications services for the movement of information in its territory or across its borders and for access to information contained in databases or otherwise stored in machine-readable form in the territory of any Party". Notwithstanding the foregoing, "a Party may take such measures as are necessary to: (a) ensure the security and confidentiality of messages; or (b) protect the privacy of non-public personal data of subscribers to public telecommunications services, subject to the requirement that such measures are not applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination or disguised restriction on trade in services".
Coverage Horizontal

DOMINICAN REPUBLIC

Since December 2013

Pillar Domestic data policies  |  Indicator Framework for data protection
Personal Data Protection Law No. 172-13 (Ley No. 172-13 sobre Protección de Datos Personales)
Personal Data Protection Law No. 172-13 provides a comprehensive framework for data protection.
Coverage Horizontal

DOMINICAN REPUBLIC

Since 2007
Since January 2010

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Dominican Republic-Central America Free Trade Agreement (CAFTA-DR)

Political Constitution of the Dominican Republic (Constitución Política de la República Dominicana)
Art. 26.2 of the Constitution of the Republic establishes a safe harbour regime for intermediaries for copyright infringements. Chapter XV of the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR) of 2007 between the United States of America, Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua devotes its Art. 27 to the limitations of liability of intermediaries for copyright infringement in the digital environment. This is applicable in the country by mandate of Art. 26.2 of the Constitution of the Republic, which establishes that the rules in force of ratified international conventions shall govern internally. However, it is reported that, in practice, there have been cases in 2013 in which the courts have considered companies liable not only for violating copyright but also for the mere fact of hosting the website where the infringement takes place and, therefore, encouraging the infringement through its economic sponsorship.
Coverage Internet intermediaries

DOMINICAN REPUBLIC

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 infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in the Dominican Republic's law and jurisprudence.
Coverage Internet intermediaries

DOMINICAN REPUBLIC

Since August 2012

Pillar Intermediary liability  |  Indicator User identity requirement
General Regulation of the Telephone Service – Resolution No. 110‑12 (Reglamento General del Servicio Telefónico – Resolución No. 110-12)
Art. 11.2 of the General Regulation of the Telephone Service stipulates that service providers are under an obligation to request, record, and verify the applicant’s general particulars in order to substantiate their capacity and eligibility to enter into a service contract; for the purposes of this Regulation, telephone service denotes a national or international telecommunications service intended for the transmission of voice, whether fixed or mobile, irrespective of the technology or modality employed in its provision. Should the information supplied by the user prove to be inaccurate, the provider is required to refuse the formation of the contract and to deny the applicant access to the telephone service.
Coverage Telecom sector

Report issue     Report new measure