Database

Browse Database

SLOVENIA

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
Public Procurement Law (ZJN-3) (Zakon o javnem naročanju (ZJN-3))
Art. 7 of the Slovenian Public Procurement Act provides that mutual recognition should be taken into account to grant equal treatment in public procurement procedures. Furthermore, Art. 11 stipulates that all economic operators from third countries shall be accorded the same treatment as economic operators from the EU only for the award of a contract which is covered by the WTO Government Procurement Agreement or by another binding agreement of the European Union or the Republic of Slovenia.
Coverage Horizontal

SLOVENIA

Reported in 2018, last reported in 2023

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
It is reported that a lack of transparency in Slovenian public procurement processes continues to be a barrier to the participation of foreign firms, which is also caused by complexities in bid preparation due to short timeframes and complex documentation. In addition, some stakeholders claim that the Slovenian National Revision Commission carries out a quasi-judicial control reviewing disputed public procurement cases whose decisions are not subject to judicial appeal.
Coverage Horizontal

SLOVENIA

Since February 2018

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Investment Promotion Act (Zakon o spodbujanju investicij (ZSInv))
The Investment Promotion Act, applicable to both foreign and domestic investors, does not impose any specific restrictions on foreign ownership or control on sectors relevant for digital trade.
Coverage Horizontal

SLOVAKIA

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

SLOVAKIA

N/A

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Slovakia 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

SLOVAKIA

N/A

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

SLOVAKIA

Since August 2022

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Act No 264/2022 on Media Services and Amending Certain Acts (Media Services Act) (Zákon č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)
According to Sections 174-178 of the Media Services Act (Act No. 264/2022 Coll.), the provision of on-demand audiovisual media services (AVMS) in Slovakia requires prior authorisation from the Council for Media Services. This obligation applies to both natural and legal persons providing AVMS via their own website or application, as well as to legal persons providing AVMS exclusively through a video-sharing platform. The only exception concerns natural persons who provide AVMS exclusively through such platforms (e.g. YouTube, Facebook Watch, TikTok, Instagram), who are instead subject to a notification requirement. The Council must issue its authorisation decision within 90 days of receiving a complete application, in accordance with the procedural rules incorporated by reference in Section 178, and a fee of EUR 260 is payable for each authorisation request under the Administrative Fees Act No. 145/1995 Coll.
Coverage On-demand audiovisual service

SLOVAKIA

Since March 2010, entry into force in May 2010, last amended in 2018
Since August 2022
Since November 2008, last amended in August 2024

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 No 264/2022 on Media Services and Amending Certain Acts (Media Services Act) (Zákon č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)

Act No. 516/2008 Coll. on the Audiovisual Fund and Amending Certain Acts as Amended ( Zákon č. 516/2008 Z. z. o Audiovizuálnom fonde a o zmene a doplnení niektorých zákonov v znení neskorších predpisov)
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 Slovakia, the EU Directive was transposed into domestic law through Act No 264/2022 on Media Services and Amending Certain Acts. According to Art. 70 of the Act, on-demand audiovisual media service providers must reserve at least 30% of the total number of programmes offered in their catalogue each calendar month for European works. This requirement applies to each on-demand audiovisual media service individually, and appropriate prominence must be given to such works.
Additionally, as stipulated in Art. 28a of Act No. 516/2008, providers of on-demand audiovisual media services are required to contribute to the Audiovisual Fund. The contribution is calculated based on the total revenue generated by the provider from the provision of on-demand audiovisual media services in the previous calendar year, amounting to 0.5% of this total revenue.
Coverage On-demand audiovisual service

SLOVAKIA

Since October 2019, last amended in Janbuary 2024

Pillar Online sales and transactions  |  Indicator Restrictions on domain names
Terms And Conditions Of Domain Name Service In ".Sk" Top Level Domain
Part 2 of the Terms and Conditions of Domain Name Service in ".sk" top-level domain states that a ".sk" top-level domain may be applied for only by a physical or legal person that has a postal address (address to receive physical paper forms of communication) in any of the European Union member states, or a state within the European Economic Area, or a member state of the European Free Trade Association or in the United Kingdom.
Coverage Horizontal

SLOVAKIA

Since August 2022

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Act No 264/2022 on Media Services and Amending Certain Acts (Media Services Act) (Zákon č. 264/2022 Z. z. o mediálnych službách a o zmene a doplnení niektorých zákonov (zákon o mediálnych službách)
According to Sections 4 and 175 of the Media Services Act (Act No. 264/2022 Coll.), applicants of on-demand audiovisual media services (AVMS) may be (i) a natural person with permanent or long-term residence in the Slovak Republic, or (ii) a legal person with its registered office in the Slovak Republic.
Coverage On-demand audiovisual service

SLOVAKIA

Since June 2014
Since June 2007

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

Consumer Protection Act No. 250/2007 (Zákon z 9. mája 2007 o ochrane spotrebiteľa a o zmene zákona Slovenskej národnej rady č. 372/1990 Zb. o priestupkoch v znení neskorších predpisov)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the amendments to the Consumer Protection Act No. 250 in 2016.
Coverage Horizontal

SLOVAKIA

Since June 2016
Since December 1991, as amended in May 2018

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)

Act No 513/1991 Coll. Commercial Code (Zákon č. 513/1991 Zb. Obchodný zákonník)
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. Slovakia fully implemented the Directive with Act No 264/2017, amending the existing Commercial Code.
Coverage Horizontal

SLOVAKIA

Since May 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that passive sharing is mandated in Slovakia, and it is practised in the mobile and fixed sectors based on commercial agreements. 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

SLOVAKIA

Since November 2021, entry into February 2022

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Act No. 452/2021 Coll. on Electronic Communications (Zákon č. 452/2021 Z. z. O Elektronických Komunikáciách)
Under Art. 14 of Act No. 452/2021 Coll. on Electronic Communications, undertakings providing a public network or publicly available service that also hold special or exclusive rights to provide services in other sectors in Slovakia or in another EU Member State are required either to:
(a) keep separate accounts for activities related to the provision of networks or services, identifying all costs, revenues, and fixed assets as if the activities were performed by legally independent entities; or
(b) structurally separate the provision of public networks or publicly available services from other activities.
This provision replaces the earlier accounting and functional separation clauses under the former Act No. 351/2011 Coll. and maintains consistency with the European Electronic Communications Code (Directive (EU) 2018/1972). In addition, under the market-analysis procedure, the Regulatory Authority for Electronic Communications and Postal Services (RÚ SR) may impose accounting separation on undertakings with significant influence (SMP) where necessary to ensure transparency, prevent cross-subsidisation, and uphold the non-discrimination principle.
Coverage Telecommunications sector

SLOVAKIA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of independent telecom authority
It is reported that the Regulatory Authority for Electronic Communications and Postal Services (RÚ), 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

Report issue     Report new measure