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SLOVENIA

Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Art. 3.2 of the Directive 2014/61/EU establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator must meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector

SLOVENIA

N/A

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
The government of Slovenia owns 62.54% of Telekom Slovenije, the major incumbent telecommunications operator. State-owned entities Kapitalska druzba (KAD) and Slovenian Sovereign Holding (SDH) respectively hold a further 5.59% and 4.25% in Telekom Slovenije.
Coverage Telecommunications sector

SLOVENIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Slovenia does not mandate functional separation for operators with significant market power in the telecom sector. However, accounting separation is required in certain cases. According to Art. 25 of the Electronic Communications Act, the Agency may impose an obligation on a specific network operator with significant market power to keep accounting records in relation to specified activities relating to interconnection and/or operator access separate from accounting records for other activities.
Coverage Telecommunications sector

SLOVENIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Agency for Communication Networks and Services of the Republic of Slovenia (AKOS), 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

SLOVENIA

Since December 2022, entry into force in January 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Personal Data Protection Act (ZVOP-2) (Zakon o varstvu osebnih podatkov (ZVOP-2))
Arts. 23.1 and 23.4 of the ZVOP-2 stipulate that personal data specified in legislation governing administrative internal affairs, financial administration, citizenship, the Slovenian Intelligence and Security Agency, defence, healthcare, compulsory health insurance, the exercise of rights arising from public funds, and criminal and misdemeanour records, must not be stored outside the territory of Slovenia.
Coverage Public sector

SLOVENIA

Since April 2016, entry into force in May 2018
Since December 2022, entry into force in January 2023

Pillar Domestic data policies  |  Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)

Personal Data Protection Act 2022 (ZVOP-2) (Zakon o varstvu osebnih podatkov (ZVOP-2))
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Slovenia implemented the GDPR with the Personal Data Protection Act.
Coverage Horizontal

SLOVENIA

Since February 2018, as amended in July 2023

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Screening of investment and acquisitions
Investment Promotion Act (Zakon o spodbujanju investicij (ZSInv))
The Investment Promotion Act, as amended by the Act on Amendments and Additions to the Investment Promotion Act (Slovenian FDI Control Rules), supersedes the temporary FDI framework previously established under the Act defining intervention measures to mitigate and address the impacts of the COVID-19 pandemic (Official Gazette of the Republic of Slovenia, No. 80/20). Under the revised Art. 31 of the Investment Promotion Act, foreign acquisitions in "critical sectors" that meet specific criteria are required to be notified to and reviewed by a Notification Commission established by the Ministry of the Economy, Tourism, and Sport. These criteria include: (i) direct or indirect acquisitions of at least 10% of the share capital or voting rights of a corporate entity registered in Slovenia, and (ii) investments in tangible or intangible assets for the establishment of a new corporate entity in Slovenia, where the foreign investor acquires, directly or indirectly, at least 10% of the share capital or voting rights of the newly established entity.
Art. 31.c of the law specifies that sectors and activities of special focus include: (i) critical physical or virtual infrastructure, such as communications, media, and data processing or storage; (ii) critical technologies and dual-use products, including artificial intelligence, semiconductors, and cybersecurity; and (iii) information and communications technology.d
Coverage Critical sectors

SLOVENIA

Since June 2001, last amended in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Industrial Property Act (Zakon o industrijski lastnini (ZIL-1))
Although there is no discrimination against foreign companies based on the principle of reciprocity, foreign patent applicants have to act before the Slovenian Intellectual Property Office through a patent agent, and the submission of information has to be carried out in Slovenian. A substantial examination is not required by the Slovenian Intellectual Property Office, which shall base its examination mainly on formal requirements.
Coverage Horizontal

SLOVENIA

Since March 1994

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Slovenia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

SLOVENIA

Since May 2001
Since April 1995, last amended in October 2022

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Directive 2001/29/EC

Slovenian Copyright Act (Zakon o avtorski in sorodnih pravicah (ZASP))
There is no general principle for the use of copyright-protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
As provided by Directive 2001/29/EC, the Slovenian Copyright Act introduces some exceptions (Arts. 46-59), mainly for the following purposes:
- Teaching and news reporting
- Quotation.
- Reproduction for the benefit of people with a disability
- Transient or incidental temporary reproduction
- Private copies
- Use of accessory works of secondary importance
- Reproduction for official proceedings
- Free transformations under conditions listed in the law
Alteration of databases under certain conditions listed in the law
- Free usage of works located in generally accessible premises
Coverage Horizontal

Horizontal

SLOVENIA

Reported in 2021, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Lack of effective enforcement of copyright online
It is reported that unlawful downloading of music and video content is common in the Slovenian market. Additionally, there is no strong enforcement of the copyright legal regime.
Coverage Music and video content

SLOVENIA

Since March 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Slovenia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovenia ratified the Treaty on 19 November 1999, with its provisions coming into force on 6 March 2002. Subsequently, the European Union ratified the Treaty on 14 December 2009, and it entered into effect on 14 March 2010.
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 = 'SI')\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":"103324"},{"post_id":"103325"},{"post_id":"103326"}]
"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 = 'SI')\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 = 'SI')\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":"EU"}]

SLOVENIA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.9%
Coverage rate of zero-tariffs on ICT goods (%)
77.93%
Coverage: ICT goods

SLOVENIA

Since March 2004, last amended in February 2014
Since November 2015, entry into force in March 2016

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)

Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
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 Slovenia, the Directive has been transposed with the Public Procurement Law (ZJN-3).
Coverage Any product sold to a utility provider including software used in telecommunication network equipment

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