JORDAN
Reported in 2018, last reported in 2021
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
In March 2021, the government blocked Clubhouse, an audio-only social media app, on a number of major internet service providers (ISPs). Clubhouse remained blocked as of June 2021, though users have reported that they could access it through censorship circumvention tools.
From the end of 2018 to the end of 2019, Facebook Live was blocked during weekly demonstrations. In July and August 2020, Facebook Live was once again throttled during strikes and protests by members and supporters of the Teachers’ Syndicate.
From the end of 2018 to the end of 2019, Facebook Live was blocked during weekly demonstrations. In July and August 2020, Facebook Live was once again throttled during strikes and protests by members and supporters of the Teachers’ Syndicate.
Coverage Facebook Live, Clubhouse
Sources
- https://www.josa.ngo/blog/78/blocking-clubhouse-in-jordan-a-quick-analysis-of-internet-censorship-methods-in-use
- https://netblocks.org/reports/facebook-live-streams-restricted-in-jordan-during-teachers-syndicate-protests-XB7K1xB7
- https://freedomhouse.org/country/jordan/freedom-net/2021#footnote6_eex1z4q
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JORDAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for any activity other than copyright infringement
Jordan does not have a safe harbour regime in place for intermediaries for any activity other than copyright infringement.
Coverage Horizontal
JORDAN
Reported in 2019
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
There is a mandatory SIM card registration in Jordan. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector
JORDAN
Since April 2018
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Regulation Regulating the Transportation of Passengers through Smart Applications No. 9 of 2018
Art. 5 of the Regulation Regulating the Transportation of Passengers through Smart Applications provides that the Land Transport Regulatory Commission has the discretion to request from an operator of ride-hailing apps the information it holds in its database, specifically relating to the service provider, the vehicle, the passenger and ride.
It is reported that as a result of this regulation the Ministry of Transportation as well as judicial and security bodies can access to the companies’ servers and databases without a court order. With this data, the government is reportedly able to track users' movements and activities.
It is reported that as a result of this regulation the Ministry of Transportation as well as judicial and security bodies can access to the companies’ servers and databases without a court order. With this data, the government is reportedly able to track users' movements and activities.
Coverage Ride-hailing apps
JORDAN
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
Jordan does not have a safe harbour regime in place for intermediaries for copyright infringements.
Coverage Horizontal
JORDAN
N/A
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Jordan does not have a comprehensive regime in place for all personal data, but it has sectoral regulation:
- The Telecommunications Law 1995 regulates the telecommunications sector in Jordan and imposes confidentiality requirements against telephone calls and private communications, but does not regulate online platform providers;
- The Cybercrime Law No. 27/2015 acts to criminalise unlawful access to websites or information systems such as access without authorisation, permission or in a manner that breaches the said authorisation or permission; and
- Banking Law No. 28/2000 and the Electronic Payment and Transfer of Money Regulation No.111/2017 made disclosures on client transactions and information are highly restricted and subject to rigorous requirements.
- The Telecommunications Law 1995 regulates the telecommunications sector in Jordan and imposes confidentiality requirements against telephone calls and private communications, but does not regulate online platform providers;
- The Cybercrime Law No. 27/2015 acts to criminalise unlawful access to websites or information systems such as access without authorisation, permission or in a manner that breaches the said authorisation or permission; and
- Banking Law No. 28/2000 and the Electronic Payment and Transfer of Money Regulation No.111/2017 made disclosures on client transactions and information are highly restricted and subject to rigorous requirements.
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/jordan
- https://www.tamimi.com/law-update-articles/data-protection-in-jordan-an-overview-of-the-current-and-future-framework/
- https://cyrilla.org/en/entity/6ikhnir665ikg0zz8ow2ymn29
- https://wipolex.wipo.int/en/text/336959
- https://www.cbj.gov.jo/EchoBusV3.0/SystemAssets/122d1c6b-62d8-4bd8-82b6-f06a949701a8.pdf
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JORDAN
Since May 2017
Since December 2018
Since December 2018
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Electronic Payment and Transfer of Money Regulation No. 111/2017
Instructions of Anti Money Laundering and Counter Terrorist Financing For Electronic Payments and Money Transfer Companies No. 12/2018
Instructions of Anti Money Laundering and Counter Terrorist Financing For Electronic Payments and Money Transfer Companies No. 12/2018
The Instructions of Anti Money Laundering and Counter Terrorist Financing For Electronic Payments and Money Transfer Companies No. 12/2018, issued under the Payment and Transfer of Money Regulation No. 111/2017, introduces a data retention requirement of five years for transaction data and system logs.
Coverage Financial sector
Sources
- https://www.dlapiperdataprotection.com/index.html?t=collection-and-processing&c=JO
- https://www.cbj.gov.jo/EchoBusV3.0/SystemAssets/714838db-4137-4579-a7c3-447f21966915.pdf
- https://www.cbj.gov.jo/EchoBusV3.0/SystemAssets/4b130b44-4158-48f1-8163-6056edbdbc50.pdf
- https://www.cbj.gov.jo/EchoBusV3.0/SystemAssets/714838db-4137-4579-a7c3-447f21966915.pdf
- https://www.cbj.gov.jo/EchoBusV3.0/SystemAssets/4b130b44-4158-48f1-8163-6056edbdbc50.pdf
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JORDAN
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Jordan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
JORDAN
Since October 1995
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Regulatory Commission (TRC), 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
JORDAN
Since December 2000
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Jordan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
JORDAN
Since December 2004
Since October 1995
Since October 1995
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Instructions Regarding the Application Procedures and Criteria for the Award of Public Telecommunications Individual and Class Licenses
Law No. 13 of 1995 on Telecommunications
Law No. 13 of 1995 on Telecommunications
According to Art. 3.2 of the Instructions Regarding Application Procedures and Criteria for Granting Individual and Classified Public Telecommunications Licenses, licenses will be granted to qualified applicants unless there are valid reasons not to do so. These reasons may include national security, safety concerns, technical limitations, scarce resources, and the potential for creating an anti-competitive market environment for public telecommunications services, as outlined in Art. 28 of the Telecommunications Law.
According to Art. 20 of the Telecommunications Law, the establishment, operation, and administration of public telecommunications networks and the provision of public telecommunications services are not permitted unless a license has been obtained from the Telecommunications Regulatory Commission (TRC). According to Art. 26, all those wishing to obtain a license shall be given the opportunity to submit their proposals or applications if they meet the conditions specified by the Commission. For this purpose, according to Art. 27 the following documents are needed to be enclosed with an application:
- Acceptable statements illustrating the technical and administrative ability of the applicant to provide the service;
- Acceptable statements illustrating the financial ability of the applicant and the funding sources of the project;
- Bases of pricing of the proposed services and the method of their calculation;
- Types of the proposed services, the geographical area to be covered, and the technology used in the service.
According to Art. 20 of the Telecommunications Law, the establishment, operation, and administration of public telecommunications networks and the provision of public telecommunications services are not permitted unless a license has been obtained from the Telecommunications Regulatory Commission (TRC). According to Art. 26, all those wishing to obtain a license shall be given the opportunity to submit their proposals or applications if they meet the conditions specified by the Commission. For this purpose, according to Art. 27 the following documents are needed to be enclosed with an application:
- Acceptable statements illustrating the technical and administrative ability of the applicant to provide the service;
- Acceptable statements illustrating the financial ability of the applicant and the funding sources of the project;
- Bases of pricing of the proposed services and the method of their calculation;
- Types of the proposed services, the geographical area to be covered, and the technology used in the service.
Coverage Telecommunications sector
Sources
- https://trc.gov.jo/EchoBusV3.0/SystemAssets/PDF/AR/%D8%AA%D8%B1%D8%AE%D9%8A%D8%B5%20%D8%A7%D9%84%D8%A7%D8%AA%D8%B5%D8%A7%D9%84%D8%A7%D8%AA/%D8%A7%D9%84%D8%A7%D9%86%D8%AA%D9%82%D8%A7%D9%84%20%D8%A7%D9%...
- https://www.wipo.int/wipolex/en/text/336959
- https://freedomhouse.org/country/jordan/freedom-net/2021#footnoteref3_0sic8c8
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JORDAN
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Jordan mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
JORDAN
Reported in 2015, last reported in 2022
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 the telecom sector
The telecom sector is dominated by three major players: JTG (Orange Jordan), Zain Jordan, and Umniah. The incumbent carrier JTG was privatized in 2000 and made an initial public offering in 2002, with France Telecom acquiring a majority share in 2006. Currently, the company is majority-owned by France Telecom, operating as Orange Jordan, while the Jordanian government maintains a 29% stake through the Social Security Corporation.
Coverage Telecommunications sector
Sources
- https://new.orange.jo/sites/default/files/documents/orange-annual-report-2022.pdf
- https://www.orange.jo/en/documents/annual_report/orange-annual-report-2020-en.pdf
- https://oxfordbusinessgroup.com/overview/dynamic-market-private-sector-ambitions-rising-internet-penetration-and-shift-4g-are-tran-0
- https://www.ssc.gov.jo/en/about-the-corporation/
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JORDAN
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law No. 15/2000 on Trade Secrets and Unfair Competition Law
The country has a framework in place that provides effective protection of trade secrets through Law No. 15/2000 on Trade Secrets and Unfair Competition Law. Art. 5 of the Law states that every person has the right to control their trade secrets.
Coverage Horizontal
JORDAN
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Jordan to deliver telecom services to end users. Passive sharing is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector