SAUDI ARABIA
Since July 2019, entry into force in December 2019
Since November 2019
Since November 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Royal Decree No. M/128 dated 13/11/1440 AH on Government Tenders and Procurement Law
Cabinet Resolution No. 245 of 03/29/1441 AH on the Regulation of Preference for Local Content, Local SMEs, and Publicly Listed Companies
Cabinet Resolution No. 245 of 03/29/1441 AH on the Regulation of Preference for Local Content, Local SMEs, and Publicly Listed Companies
According to Art. 9 of the Government Tender and Procurement Law, priority shall be given to local small- and medium-sized enterprises, local content, and companies listed in the Capital Market.
Art. 4 of the Regulations on Preference for Local Content and Local SMEs and Companies Listed on the Capital Market in Business and Procurement Transactions stipulates that upon tendering its projects and procurements, a government agency shall grant local SMEs in which Saudi nationals own greater than a 50% stake a price preference, by assuming that the bid prices of other establishments are 10% higher than the price stated in the bid documents. Furthermore, according to Art. 10, government agencies shall, in all contracts, apply the National Product Price Preference Mechanism to national products not included in the mandatory list. A national product shall be granted a price preference by assuming that the price of a foreign product is 10% higher than the price stated in the bid documents.
Art. 4 of the Regulations on Preference for Local Content and Local SMEs and Companies Listed on the Capital Market in Business and Procurement Transactions stipulates that upon tendering its projects and procurements, a government agency shall grant local SMEs in which Saudi nationals own greater than a 50% stake a price preference, by assuming that the bid prices of other establishments are 10% higher than the price stated in the bid documents. Furthermore, according to Art. 10, government agencies shall, in all contracts, apply the National Product Price Preference Mechanism to national products not included in the mandatory list. A national product shall be granted a price preference by assuming that the price of a foreign product is 10% higher than the price stated in the bid documents.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231112042333/https://laws.boe.gov.sa/Files/Download/?attId=62b99145-7a14-408f-a70f-adbb0123ee0f
- https://web.archive.org/web/20231205162210/https://www.mof.gov.sa/en/docslibrary/RegulationsInstructions/Documents/Regulations%20on%20Preference%20for%20Local%20Content%20and%20Local%20SMEs%20and%20Co...
- https://web.archive.org/web/20231205142637/https://www.mof.gov.sa/en/docslibrary/RegulationsInstructions/Pages/default.aspx
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SAUDI ARABIA
Since January 2018, last amended in October 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Cloud Computing Services Provisioning Regulations
Under the Cloud Computing Services Provisioning Regulations, government entities are permitted to host their data only with cloud service providers (CSPs) that hold the appropriate licences or registrations issued by the Communications, Space & Technology Commission of Saudi Arabia (CST). Section 3.3.7 mandates that subscribers whose data is classified as data of Saudi government agencies must utilise CSPs registered with the CST.
These Regulations represent the fourth iteration of this legislative framework. Since the introduction of the initial version, the legislation has included progressively stringent provisions. Notably, Section 3.3.9 prohibited the transferring, storing, or processing only of Level 3 data unless the provider was registered with local authorities. Level 3 data encompasses, among other categories, sensitive information managed by public authorities.
These Regulations represent the fourth iteration of this legislative framework. Since the introduction of the initial version, the legislation has included progressively stringent provisions. Notably, Section 3.3.9 prohibited the transferring, storing, or processing only of Level 3 data unless the provider was registered with local authorities. Level 3 data encompasses, among other categories, sensitive information managed by public authorities.
Coverage Cloud computing
Sources
- https://web.archive.org/web/20241122182539/https://www.cst.gov.sa/en/RulesandSystems/RegulatoryDocuments/Documents/CCSPR_EN.pdf
- https://web.archive.org/web/20180219121730/http://www.citc.gov.sa/en/RulesandSystems/RegulatoryDocuments/Documents/CCRF_En.pdf
- https://web.archive.org/web/20241122182847/https://resourcehub.bakermckenzie.com/en/resources/global-data-privacy-and-cybersecurity-handbook/emea/saudi-arabia/topics/data-localizationresidency
- https://web.archive.org/web/20241122183035/https://www.twobirds.com/en/insights/2024/ksa-movement-in-saudi-arabias-cybersecurity-regulatory-regime
- https://web.archive.org/web/20240630145833/https://www2.itif.org/2019-worst-mercantilist-policies.pdf
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SAUDI ARABIA
Since May 2019
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Cabinet Resolution No. 388 of 07/05/1440 H on Regulatory Arrangements for the Local Content and Government Procurement
The Regulatory Arrangements for the Local Content and Government Procurement Law mandates the Local Content and Government Procurement Authority (LCGPA) to set local content requirements for individual contracts, track the amount of local content used by contractors, and obtain and audit commitments by contractors to increase their reliance on local content in the public procurement. The Law defines local content as “total spending in Saudi Arabia from the participation of Saudi elements in the workforce, goods, services, assets, technology, etc.” The Law requires the bidder in public procurement to include a list of items provided locally in their proposal, and this list of items will vary for each bidding. The bidder should meet a minimum baseline of local content provided by LCGPA in order to participate. LCGPA also manages an online portal through which contractors register their commitments to increase local content. Contractors who fall short of their commitments will be fined and could be blacklisted from procurement for repeated failures to honour commitments over the long term.
Coverage Horizontal
SAUDI ARABIA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Saudi Arabia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2007.
Coverage Horizontal
HUNGARY
Since April 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Domain Registration Policy (Domainregisztrációs Szabályzat)
According to Section 1 of the Domain Registration Policy, only natural persons and entities with residency in the EU or the European Economic Area (EEA) can apply for a ".hu" domain.
Coverage Horizontal
HUNGARY
Since December 2001
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
Under Section 15/C of the Act CVII of 2001 on Electronic Commerce, video-sharing platform services are subject to a notification requirement. It is reported that, in the authorities' current practice, this notification has to include an official registration number, which is only available to companies with a local presence in Hungary. According to industry reports, this bureaucratic hurdle concerns other digital services and e-commerce as well.
Coverage Video sharing platforms
HUNGARY
Since June 2014
Since December 1997, as amended in September 2019
Since December 1997, as amended in September 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act CLV of 1997 on Consumer Protection (1997. évi CLV. Törvény a fogyasztóvédelemről)
Act CLV of 1997 on Consumer Protection (1997. évi CLV. Törvény a fogyasztóvédelemről)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Act CLV of 1997 on Consumer Protection (as amended in September 2019).
Coverage Horizontal
Sources
- https://web.archive.org/web/20210301192043/https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://web.archive.org/web/20240403021748/https://njt.hu/jogszabaly/en/1997-155-00-00
- https://web.archive.org/web/20240727042206/https://net.jogtar.hu/jogszabaly?docid=99700155.tv
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HUNGARY
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (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
Hungary has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
HUNGARY
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Hungary 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
HUNGARY
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Hungary 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
HUNGARY
Since April 2016, entry into force in May 2018
Since July 2011
Since July 2011
Pillar Domestic data policies |
Sub-pillar Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act CXII of 2011 on the Right to Informational Self-determination and on the Freedom of Information (2011. évi CXII. Törvény az információs önrendelkezési jogról és az információszabadságról)
Act CXII of 2011 on the Right to Informational Self-determination and on the Freedom of Information (2011. évi CXII. Törvény az információs önrendelkezési jogról és az információszabadságról)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Hungary implemented the GDPR by amending the Act CXII of 2011 on the Right to Informational Self-determination and on the Freedom of Information.
Coverage Horizontal
HUNGARY
Since May 2006
In April 2014
Since January 2004, last amended in December 2020
In April 2014
Since January 2004, last amended in December 2020
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act C of 2003 on Electronic Communications (2003. Évi C. Törvény az Elektronikus Hírközlésről)
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act C of 2003 on Electronic Communications (2003. Évi C. Törvény az Elektronikus Hírközlésről)
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws that implemented the Directive have been overturned. This is the case in Hungary. Under Art. 159/A of Act C of 2003 on Electronic Communications, internet service providers have to store connection data for 12 months at least.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230209064553/https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://web.archive.org/web/20150216085655/http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/police-cooperation/data-retention/index_en.htm
- https://web.archive.org/web/20230327050943/http://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://web.archive.org/web/20221122182307/https://freedomhouse.org/country/hungary/freedom-net/2020#footnote1_cfog934
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HUNGARY
Since January 2004, last amended in December 2020
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Act C of 2003 on Electronic Communications (2003. évi C. törvény az elektronikus hírközlésről)
Art. 159/A of Act C of 2003 provides that mobile service providers and ISPs must provide user data to the authorities upon request. The Constitutional Court found this law unconstitutional in 2022 and called on parliament to amend the legislation by the end of the year, but it is reported that parliament failed to comply.
Coverage Mobile service providers and ISPs
Sources
- https://web.archive.org/web/20230127040147/https://net.jogtar.hu/jogszabaly?docid=a0300100.tv
- https://web.archive.org/web/20240105205504/https://freedomhouse.org/country/hungary/freedom-net/2023
- https://web.archive.org/web/20241107020731/https://alkotmanybirosag.hu/ugyadatlap/?id=BE10B8DB3AC6C7AEC1258709005B3553
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HUNGARY
Since July 2000
Since December 2001
Since December 2001
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
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.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220120230317/https://english.nmhh.hu/document/213838/act_cviii_of_2001.pdf
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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HUNGARY
Since July 2000
Since December 2001
Since December 2001
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
Act CVIII of 2001 on Electronic Commerce and on Information Society Services (Törvény az Elektronikus Kereskedelmi Szolgáltatások, Valamint az Információs Társadalommal Összefüggő Szolgáltatások Egyes Kérdéseiről)
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.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Under Section 7/3 of the Act CVIII on Electronic Commerce, which transposes Directive 2000/31/EC, service providers and intermediaries are protected from liability for third-party content. However, this exemption does not cover disguised advertising, as regulated in Section 14/A.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20220120230317/https://english.nmhh.hu/document/213838/act_cviii_of_2001.pdf
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
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