Database

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SOMALIA

Since December 2015

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Public Procurement, Concessions and Disposals Law of 2015
Art. 34 of the Public Procurement, Concessions and Disposal Act establishes a margin of domestic preference. A Procuring Entity may grant a margin of domestic preference in the evaluation of bids under open competitive bidding to (a) Bids offering goods that are manufactured, mined, extracted, or grown in the Federal Republic of Somalia when compared to bids offering goods manufactured, mined, extracted or grown in a foreign country; and (b) Bids by domestic contractors when compared to bids offered by foreign contractors. The margin of domestic preference shall be 15% for goods and 10% for contractors, which shall be stated in the bidding documents.
When there is an interest in the development of a target group of providers, a community, or a sub-sector of the economy, the Procuring Entity may decide to limit participation by applying a preference scheme in its procurement proceedings.
Coverage Horizontal

SOMALIA

N/A

Pillar Public procurement of ICT goods and online services  |  Indicator Signatory of the 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)
Somalia is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal

SOMALIA

Since November 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Foreign Investment Law of 2015 (Sharciga Maalgashiga Shisheeye)
The Foreign Investment Law of 2015 of the Republic of Somalia does not impose restrictions on foreign equity ownership.
Coverage Horizontal

SOMALIA

Since January 2021

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Nationality/residency requirement for directors or managers
Law No. 001/2021 - The Regulation of Company Law
Art. 19 (f) of Law No. 001/2021 stipulates that to register a foreign company branch in Somalia, the names and passports of the director or directors of the foreign company based in Somalia must accompany the company registration application documents. This suggests that, in order to register a foreign company in Somalia, some directors should be based in Somalia.
Coverage Horizontal

SOMALIA

Since November 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Foreign Investment Law of 2015 (Sharciga Maalgashiga Shisheeye)
According to the 2015 Foreign Investment Law, all foreign investors are required to obtain a certificate from the Foreign Investment Board in order to invest in the country. Pursuant to Art. 8, foreign investors must complete the investment application form at the Ministry of National Planning and submit it by registered mail to the Foreign Investment Board. As provided in Art. 9, the Board must notify the applicant of its decision within sixty days of receiving a complete application, and any approval is formalised through the issuance of a foreign investment certificate, which is valid for 24 months from the date of issuance.
Coverage Horizontal
"SELECT DISTINCT(post_id) FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
[{"post_id":"103391"},{"post_id":"103392"},{"post_id":"103393"}]
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'impact' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.1') OR\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.2')\n\t\t\t\t\t\t\t\t)"
"SELECT meta_value FROM prj_12_postmeta WHERE meta_key = 'score' AND\n\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'country' AND meta_value = 'SO')\n\t\t\t\t\t\t\t\tAND (\n\t\t\t\t\t\t\t\t\tpost_id IN (SELECT post_id FROM prj_12_postmeta WHERE meta_key = 'subchapter' AND meta_value = '1.3')\n\t\t\t\t\t\t\t\t)"
ITA: [{"meta_value":"1.00"}]

SOMALIA

ITA signatory? I II

SLOVENIA

Since June 2014
Since March 1998

Pillar Online sales and transactions  |  Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU

Consumer Protection Act (Zakon o varstvu potrošnikov (ZVPot))
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act.
Coverage Horizontal

SLOVENIA

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
Slovenia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

SLOVENIA

Since 2000

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Slovenia 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

SLOVENIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Slovenia 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

SLOVENIA

Since July 2000
Since June 2006, last amended in February 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
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.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal

SLOVENIA

Since July 2000
Since June 2006, last amended in February 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Electronic Commerce Market Act (Zakon o elektronskem poslovanju na trgu (ZEPT))
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.
The Electronic Commerce Market Act provides for a safe harbour regime for information society service providers, following the e-Commerce Directive. In this line, liability exemptions are provided for the following cases:
- Mere conduit (Article 9)
- Caching (Art. 10); and
- Hosting providers (Art. 11).
Coverage Horizontal

SLOVENIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since November 2011, as amended in December 2021

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)

Act on Audiovisual Media Services (ZAvMS) (Zakon o avdiovizualnih medijskih storitvah (ZAvMS))
The EU Directive on Audiovisual Media Services (AVMS) covers traditional broadcasting services as well as audiovisual media services provided on-demand, including via the Internet. Art. 13.1 provides for Member States to secure a minimum 30% share of European works in the catalogues as well as "ensuring prominence" of those works. "Prominence" involves promoting European works by facilitating access to such works using any appropriate means to ensure their prominence. The Directive has been implemented by Member States in different ways, ranging from very extensive and detailed measures to a mere reference to the general obligation to promote European works.
In Slovenia, the EU Directive was transposed into domestic law through the amendment of the Act on Audiovisual Media Services of December 2021 (Act on Amendments to the Act on Audiovisual Media Services (ZAvMS-B)). According to Art. 16.2 of the Act, at least 30% of the works in the programme catalogue of an on-demand audiovisual media service provider in a given calendar year must consist of European audiovisual works. In addition, Slovenian audiovisual works must make up at least 5% of the total works in the catalogue. For these calculations, individual works are defined as feature films, complete seasons of television series, and similar content.
The guidelines issued by the Commission on the calculation of the share of European works in on-demand catalogues must be followed when determining these quotas. Furthermore, as stipulated in Art. 16.5, news, sports events (live or recorded), games, advertising, teleshopping, and teletext services are excluded from the programme catalogue calculation. Slovenia has not imposed financial contribution obligations on VOD service providers.
Coverage On-demand audiovisual service

SLOVENIA

Since May 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovenia ratified the Treaty on 19 November 1999, with its provisions coming into force on 20 May 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
Coverage Horizontal

SLOVENIA

Since June 2016
Since April 1999, as amended in February 2017
Since April 2019

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)

Code of Civil Procedure (Zakon o pravdnem postopku)

Professional Secrecy Act (Zakon o poslovni skrivnosti)
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Slovenia implemented the Directive through an act amending the Civil Procedure Act in 2017 and the Professional Secrecy Act of 2019.
Coverage Horizontal

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