TAJIKISTAN
Reported in 2021, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
In 2023, the government reportedly restricted online content on multiple occasions. Authorities blocked access to websites considered sensitive, such as YouTube, Twitter (now X), Facebook, ICQ and IMO, as well as virtual private network (VPN) connections, including those of diplomatic missions and international companies; they also severely limited Internet access to other websites. Security services reportedly subpoenaed VPN users to interrogate them about their online activities. In addition, it is estimated that between 2021 and 2022, more than 122,000 domains were blocked.
Coverage Websites
TAJIKISTAN
Reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Tajikistan for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
Coverage Horizontal
TAJIKISTAN
Reported in 2023
Pillar Technical standards applied to ICT goods and online services |
Indicator Open and transparent standard-setting process
Lack of a transparent standards regime
It is reported that TajikStandard, the government agency responsible for certifying goods and services and supervising compliance with state standards, lacks experts and appropriate equipment. TajikStandard does not publish its fees for licenses and certificates or its regulatory requirements.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Third party-certification from CABs from a number of countries with MRA accepted
It is reported that Tajik laws and standards impose mandatory requirements for certification of safety, consumer health, environmental protection and reduction of the potential for damage to consumer property for certain products and services. Products requiring such certification include electronic and radio equipment (to test for electrical and magnetic compatibility and safety).
It is reported that, since 2014, Tajikistan has recognised third-party conformity assessments carried out overseas by reciprocity. They are mainly from the Commonwealth of Independent States countries, with which Tajikistan has signed mutual recognition agreements, and Uzbekistan is under a bilateral agreement. However, it is reported that third-party conformity assessments are not always accepted in practice
It is reported that, since 2014, Tajikistan has recognised third-party conformity assessments carried out overseas by reciprocity. They are mainly from the Commonwealth of Independent States countries, with which Tajikistan has signed mutual recognition agreements, and Uzbekistan is under a bilateral agreement. However, it is reported that third-party conformity assessments are not always accepted in practice
Coverage Electronic products
Sources
- https://web.archive.org/web/20230330083547/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S399R1.pdf&Open=True
- https://web.archive.org/web/20240714094302/https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/G/IT/W17R28.pdf&Open=True
- https://web.archive.org/web/20220815074551/https://www.export.gov/apex/article2?id=Tajikistan-Trade-Standards
- https://web.archive.org/web/20220926222729/https://cis-legislation.com/document.fwx?rgn=75859
- https://web.archive.org/web/20230916213441/https://unece.org/DAM/trade/Publications/ECE_TRADE_450_NTFR-Tajikistan.pdf
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TAJIKISTAN
Since June 2008
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Law - Act No. 403
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "Дар бораи сирри тиҷоратӣ")
(ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН "Дар бораи сирри тиҷоратӣ")
Law No. 403 provides a framework for the effective protection of trade secrets.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Tajikistan to deliver telecom services to end users.
Coverage Telecommunications sector
TAJIKISTAN
Reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that Tojiktelecom is the state-owned incumbent telecommunications operator. Tojiktelecom also holds a 25% stake in TT-Mobile, the second largest of Tajikistan's four mobile operators.
Coverage Telecommunications sector
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Tajikistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
TAJIKISTAN
Since April 2013
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Tajikistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
TAJIKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Tajikistan has a telecommunications authority: Communication Service under the Government of the Republic of Tajikistan. According to Art. 1 of Decree 1026, which established the rule, it is not independent from the government.
Coverage Telecommunications sector
TAJIKISTAN
Since August 2018
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
According to Art. 18.2 of the Personal Data Act, international transfers of data are permitted to countries that provide adequate protection for personal data. However, the law does not provide a definition or description of what constitutes 'adequate protection'. Moreover, cross-border transfers to countries that do not provide adequate protection are possible in the following cases: with the consent of the data subject, where provided by international treaties binding on Tajikistan; for the protection of the rights and freedoms of persons and citizens, if it is impossible to obtain consent; and where provided by law, if it is necessary for the protection of constitutional order, public order, the rights and freedoms of persons and citizens, the health and integrity of citizens, and state security.
Coverage Horizontal
Sources
- ttps://web.archive.org/web/20231211125818/http://mmk.tj/system/files/Legislation/1537_TJ.doc.pdf
- https://web.archive.org/web/20240617164754/https://www.dataguidance.com/notes/tajikistan-data-transfers
TAJIKISTAN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Tajikistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
TAJIKISTAN
Since August 2018
Pillar Domestic data policies |
Indicator Framework for data protection
Data Protection Law - Act No. 1537 (ҚОНУНИ ҶУМҲУРИИ ТОҶИКИСТОН ДАР БОРАИ ҲИФЗИ МАЪЛУМОТИ ШАХСӢ)
Act No. 1537 provides a comprehensive regime of data protection in Tajikistan.
Coverage Horizontal
TAJIKISTAN
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Tajikistan's law and jurisprudence.
Coverage Internet intermediaries
TAJIKISTAN
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 Expansion Agreement (ITA II)
Tajikistan 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
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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