BAHAMAS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
The Bahamas has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BAHAMAS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
The Bahamas has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BAHAMAS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
The Bahamas lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to Art. 23 of the Freedom of Information Act 2017, a record is exempt from disclosure to the public if such disclosure relates to information acquired by a public authority from business, commercial or financial undertakings, and (a) the information relates to trade secrets or other matters of business, commercial or financial nature; or (ii) the disclosure of the information would be likely to expose the undertaking to a disadvantage. Moreover, it is reported that trade secrets may be protected by contract or by common law.
Coverage Horizontal
BAHAMAS
Since September 2015
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Infrastructure Sharing Regulations, 2015
According to Art. 2.1 of the Infrastructure Sharing Regulations, upon written request by an infrastructure applicant to an infrastructure provider, the infrastructure applicant shall provide access to its facilities and the infrastructure provider shall not unreasonably refuse or delay such access. In addition, under Art. 2.2, the infrastructure provider shall negotiate in good faith with the infrastructure applicant on matters relating to access to the facilities and, once granted, shall not withdraw or impede such agreed access, except in the following circumstances: (i) where authorised by the Utilities Regulation and Competition Authority (URCA); (ii) under a dispute resolution process under Part 6 of these Regulations; or (iii) by order made by the Public Utilities Appeal Tribunal or a court of law.
Coverage Telecommunications sector
BAHAMAS
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)
18.21%
Coverage rate of zero-tariffs on ICT goods (%)
30.99%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
BAHAMAS
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
The Bahamas is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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AUSTRALIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Australia 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
AUSTRALIA
Since May 1997, as amended in December 2018
Since July 1992
Since July 1992
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Telecommunications Act 1997
Radiocommunications Act 1992
Radiocommunications Act 1992
To ensure compliance with the technical regulatory arrangements, suppliers must make and hold a Declaration of Conformity. The document should be signed by the Australian supplier or overseas manufacturer to certify that the product meets applicable standards. It must be signed by a person who holds a senior position in the company or organisation. The signatory should have sighted the evidence that supports the declaration and be satisfied with the grounds for compliance. It should be made available by the supplier for audit purposes on request, in writing, from either the Australian Communications Authority (ACA) or the Radio Spectrum Management Group (RSM) of the New Zealand Ministry of Economic Development Electrical products become subject to testing requirements when exported.
The Telecommunications Act of 1997 regulates telecommunications equipment. The Radiocommunications Act 1992 regulates radiocommunications equipment, electrical or electronic household products, and radio transmitters. The Australian Communications and Media Authority (ACMC) allows a self-declaration of conformity (SDoC) as long as the declaration contains all of the information in Australia's Declaration of Conformity (Form C02) and acknowledges that the product complies with the ACMC standards. Whoever signs the SDoC must see the evidence that the product complies with the rules and agree that the records show that the product complies with the rules. A supplier may be required to submit a separate test report from a designated testing body as well.
The Telecommunications Act of 1997 regulates telecommunications equipment. The Radiocommunications Act 1992 regulates radiocommunications equipment, electrical or electronic household products, and radio transmitters. The Australian Communications and Media Authority (ACMC) allows a self-declaration of conformity (SDoC) as long as the declaration contains all of the information in Australia's Declaration of Conformity (Form C02) and acknowledges that the product complies with the ACMC standards. Whoever signs the SDoC must see the evidence that the product complies with the rules and agree that the records show that the product complies with the rules. A supplier may be required to submit a separate test report from a designated testing body as well.
Coverage Electrical products
AUSTRALIA
Since July 1999, as amended in July 2018
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
New Tax System Act 1999
According to Australia's de minimis rule, goods with a value of up to AUD 1.000 (approx. 650 USD) are exempt from taxes and duties collected by customs. This is above the 200 USD threshold recommended by the International Chamber of Commerce (ICC). Under the New Tax System Act 1999, as amended in 2018, Goods and Services Tax (GST) applies to retail sales of low-value goods, services, or digital products (AUD 1,000 or less, equivalent to 650 USD) to Australia when purchased by consumers. For low-value goods, GST is collected through the sale, not at the border, thereby replacing the de minimis rule. Before July 1, 2018, consumers in Australia could purchase products from international sellers and have them imported duty and tax-free as long as the product value was less than AUD 1,000. The change was intended to increase the competitiveness of domestic retailers, as opposed to foreign retailers.
Coverage Horizontal
AUSTRALIA
Since December 2012
Pillar Online sales and transactions |
Indicator Restrictions on domain names
Guidelines on the Interpretation of Policy Rules for Open 2LDs
According to the Guidelines on the Interpretation of Policy Rules for Open 2LDs, in Australia, it is not possible to register directly under a ".au" domain, and therefore it is required to have a registration under the open second level domains such as ".com.au" or ".org.au." A company that wants to register for the second-level domain needs to be a registered Australian company or a foreign company licensed to trade in Australia. For certain second-level domains such as "id.au", the registrants must be Australian citizens or residents. The domain name policies were approved in 2012.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230327142645/https://www.auda.org.au/policy/2012-05-guidelines-interpretation-policy-rules-open-2lds
- https://web-solutions.eu/domain-names-australia.htm
- https://web.archive.org/web/20210304082744/https://auda.zendesk.com/hc/en-us/articles/200129160-What-kind-of-domain-name-can-I-get-in-the-au-domain-name-space-
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AUSTRALIA
Since January 2011
Since March 200, last amended in June 2011
Since March 200, last amended in June 2011
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Competition and Consumer Act 2010
Electronic Transactions Act 1999
Electronic Transactions Act 1999
The Competition and Consumer Act 2010 provides a comprehensive framework for consumer protection that also applies to online transactions. The Act provides a set of guarantees for all Australian consumers when they purchase certain goods or services from physical and online Australian retailers. In addition, electronic signatures are regulated and permitted under the Electronic Transactions Act 1999 (Section 10).
Coverage Horizontal
Sources
- https://web.archive.org/web/20221204223935/https://www.legislation.gov.au/Details/C2021C00055
- https://web.archive.org/web/20210919054151/https://www.legislation.gov.au/Details/C2005C00484
- https://web.archive.org/web/20231025143339/https://consumer.gov.au/australian-consumer-law/legislation
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=au
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AUSTRALIA
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
Australia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
AUSTRALIA
Since 2011
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Australia 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
AUSTRALIA
Since December 1988, entry into force in January 1989, as amended in December 2000, last amended in May 2024
Since December 2000, entry into force in December 2001
Since December 2000, entry into force in December 2001
Pillar Domestic data policies |
Indicator Framework for data protection
Privacy Act 1988 (No. 119, 1988)
Privacy Amendment (Private Sector) Act 2000 (No. 155, 2000)
Privacy Amendment (Private Sector) Act 2000 (No. 155, 2000)
The Privacy Act 1988 provides a comprehensive regime of data protection in Australia. The Privacy Act, which includes a set of Australian Privacy Principles, provides general personal data protection requirements and provisions, including the right to access and to be informed. Initially, the Act stipulated guidelines for how Australian government agencies should manage personal information. Subsequently, in 2000, the Privacy Amendment (Private Sector) Act extended these provisions to certain private sector organisations.
Sector-specific privacy regulations, particularly concerning telecommunications, are addressed by the Telecommunications Act 1997 and the Telecommunications (Interception and Access) Act 1979. Additional protections for healthcare information are provided under the My Health Records Act 2012 and the Healthcare Identifiers Act 2010. Businesses operating in industries such as financial services and gambling are required to adhere to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and its accompanying rules. Furthermore, the Security of Critical Infrastructure Act 2018 applies to entities that own, operate, or hold direct interests in assets across various sectors, including communications, energy, defence, financial services, transport, data processing or storage, supermarket and grocery supply chains, health and medical services, education, and space.
Sector-specific privacy regulations, particularly concerning telecommunications, are addressed by the Telecommunications Act 1997 and the Telecommunications (Interception and Access) Act 1979. Additional protections for healthcare information are provided under the My Health Records Act 2012 and the Healthcare Identifiers Act 2010. Businesses operating in industries such as financial services and gambling are required to adhere to the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and its accompanying rules. Furthermore, the Security of Critical Infrastructure Act 2018 applies to entities that own, operate, or hold direct interests in assets across various sectors, including communications, energy, defence, financial services, transport, data processing or storage, supermarket and grocery supply chains, health and medical services, education, and space.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240316165253/https://www.legislation.gov.au/C2004A03712/latest/text
- https://web.archive.org/web/20240403073231/https://www.oaic.gov.au/privacy/privacy-legislation/the-privacy-act/history-of-the-privacy-act
- https://web.archive.org/web/20220120034330/https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/num_act/pasa2000346/
- https://www.linklaters.com/en/insights/data-protected/data-protected---australia
- https://www.dataguidance.com/jurisdiction/australia--federal
- https://iclg.com/practice-areas/data-protection-laws-and-regulations/australia
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AUSTRALIA
Since October 1979, as amended in October 2015
Pillar Domestic data policies |
Indicator Minimum period for data retention
Telecommunications (Interception and Access) Act 1979
The Telecommunications (Interception and Access) Act 1979 requires a telecommunication service provider to keep specific telecommunications data relating to the services it offers for two years (187C). The dataset to be kept includes the subscriber and the accounts of telecommunications devices, the source of communication, the destination of a communication, the date, time and duration of a communication, the type of communication, and the location of equipment or a line used (187AA). This retention scheme was inserted into the Act by the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015.
Coverage Internet and mobile service providers
