HUNGARY
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Hungary does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required by law.
Coverage Telecommunications sector
HUNGARY
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the National Media and Infocommunications Authority (NMHH), 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
HUNGARY
Since September 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Act CLXLIII of 2015 on Public Procurement (2015. évi CXLIII. Törvény a közbeszerzésekről)
Under Art. 62. k of the Act CLXLIII on Public Procurement, foreign firms are excluded from government procurement if they are registered in a country that is neither an EU member nor a member of the WTO Government Procurement Agreement nor if they are registered in a country that has no double taxation treaty with Hungary or the EU.
Coverage Horizontal
HUNGARY
Since March 2004, last amended in February 2014
Since September 2015
Since September 2015
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Act CLXLIII of 2015 on Public Procurement (2015. évi CXLIII. Törvény a közbeszerzésekről)
Act CLXLIII of 2015 on Public Procurement (2015. évi CXLIII. Törvény a közbeszerzésekről)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Hungary, the Directive has been transposed with Act CXLIII of 2015 on Public Procurement.
In Hungary, the Directive has been transposed with Act CXLIII of 2015 on Public Procurement.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
Sources
- https://web.archive.org/web/20220303180640/https://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:32014L0025&from=EN#d1e7298-243-1
- https://web.archive.org/web/20220308150625/https://www.procurementinet.org/wp-content/uploads/2017/02/Public-Procurement-Act-Hungary.pdf
- https://web.archive.org/web/20240301001209/https://www.lexology.com/library/detail.aspx?g=276feaf8-c91b-4b7d-8310-dad8134f3c4c
- https://web.archive.org/web/20220121131638/https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52019XC0813(01)&from=EN
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HUNGARY
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that the lack of transparency is a challenge for public procurement procedures in Hungary, especially for foreign bidders, including with respect to overly narrow definitions of tenders and implicit biases in favour of local vendors and state-owned enterprises. Moreover, it is reported that in April 2022, the European Commission launched a budget conditionality mechanism against Hungary over the “systemic irregularities, deficiencies and weaknesses” in its public procurement procedures.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20231126221937/https://ustr.gov/sites/default/files/files/Press/Reports/2018%20National%20Trade%20Estimate%20Report.pdf
- https://web.archive.org/web/20220117100153/https://www.euractiv.com/section/justice-home-affairs/news/citing-systemic-fraud-commission-pushes-hungary-to-change-procurement/
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HUNGARY
Since January 1989
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Act XXIV of 1988 on Foreign Investments in Hungary (1988. évi XXIV. törvény a külföldiek magyarországi befektetéseiről)
There are no foreign ownership limitations in sectors relevant for digital trade.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250210190355/https://investmentpolicy.unctad.org/investment-laws/laws/541/hungary-act-xxiv-of-1988-on-foreign-investments-in-hungary
- https://web.archive.org/web/20250210181046/https://net.jogtar.hu/jogszabaly?docid=98800024.tv
- https://web.archive.org/web/20231024155210/https://www.state.gov/reports/2023-investment-climate-statements/hungary/
- https://web.archive.org/web/20231210052717/https://www.state.gov/reports/2022-investment-climate-statements/hungary/
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HUNGARY
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.61%
Coverage rate of zero-tariffs on ICT goods (%)
79.53%
Coverage: Digital goods
UNITED STATES
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 800, above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
UNITED STATES
N/A
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
usTLD Nexus Requirements Policy
Foreign entities or organisations need a bona fide presence to set up a US domain (".us") or be a US citizen, permanent resident or an American organisation. "Bona fide presence" requires the entity to have either physical presence or regularly engage in lawful activities (sales of goods or services or other business, commercial or non-commercial, including not-for-profit activities) in the United States. The ".com" and ".org" domains have been made available by US authorities to both domestic and foreign users.
Coverage Horizontal
UNITED STATES
Since September 1914, as amended in December 2006
Since December 2006
Since December 2022, entry into force in June 2023
Since December 2006
Since December 2022, entry into force in June 2023
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Federal Trade Commission Act
U.S. Safe Web Act
INFORM Consumers Act
U.S. Safe Web Act
INFORM Consumers Act
The consumer protection framework governing online commerce in the United States comprises a combination of federal and state statutes and regulations. Prominent legislation includes the Federal Trade Commission Act, as amended by the U.S. Safe Web Act, and the INFORM Consumers Act. Additionally, the Federal Trade Commission has established specific consumer protection regulations aimed at regulating advertising practices and overseeing consumer transactions conducted via the internet.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240526230212/https://www.congress.gov/109/plaws/publ455/PLAW-109publ455.pdf
- https://web.archive.org/web/20241219233401/https://www.ftc.gov/legal-library/browse/statutes/inform-consumers-act
- https://web.archive.org/web/20241219233427/https://unctad.org/page/cyberlaw-tracker-country-detail?country=us
- https://web.archive.org/web/20241219233507/https://iclg.com/practice-areas/consumer-protection-laws-and-regulations/usa
- https://web.archive.org/web/20241219233724/https://www.lexology.com/library/detail.aspx?g=385c70d8-0dc5-40aa-8eb0-d3f52b55bbd4
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UNITED STATES
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
The U.S. has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
UNITED STATES
Since 2015
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
The U.S. 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
UNITED STATES
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
The U.S. 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
UNITED STATES
Since February 1996
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Communication Decency Act
The Communication Decency Act (Section 230) establishes a safe harbour regime for intermediaries beyond copyright infringement.
Coverage Internet intermediaries