SLOVAKIA
Since April 2016, entry into force in May 2018
Since May 2018, last amended in July 2024
Since May 2018, last amended in July 2024
Pillar Domestic data policies |
Indicator Framework for data protection
General Data Protection Regulation (Regulation 2016/679)
Act No. 18/2018 Coll. on Protection of Personal Data and on Amendments to certain Acts (Zákon o ochrane osobných údajov, Act No. 18/2018 Coll.)
Act No. 18/2018 Coll. on Protection of Personal Data and on Amendments to certain Acts (Zákon o ochrane osobných údajov, Act No. 18/2018 Coll.)
The European Union General Data Protection Regulation (GDPR) provides a comprehensive framework for data protection that applies to all EU Member States. Slovakia implemented the GDPR in 2018 through the Act No. 18/2018 Coll. on Protection of Personal Data and on Amendments to certain Acts.
Coverage Horizontal
SLOVAKIA
Since July 2000
Since December 2003, entry into force in February 2004
Since December 2003, entry into force in February 2004
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
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 Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
The Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal
Sources
- https://web.archive.org/web/20181125020805/https://www.zakonypreludi.sk/zz/2004-22
- https://web.archive.org/web/20240419114009/https://wilmap.stanford.edu/entries/law-no-222004-electronic-commerce
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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SLOVAKIA
Since July 2000
Since December 2003, entry into force in February 2004
Since December 2003, entry into force in February 2004
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
Law No. 22/2004 on Electronic Commerce (Zákon č. 22/2004 Z. z. elektronickom obchode a o zmene a doplnení zákona č. 128/2002 Z. z)
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 Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
The Law No. 22/2004 on Electronic Commerce implements e-Commerce Directive into Slovak law incorporating mere conduit, caching and hosting safe harbours, and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal
Sources
- https://web.archive.org/web/20181125020805/https://www.zakonypreludi.sk/zz/2004-22
- https://web.archive.org/web/20240419114009/https://wilmap.stanford.edu/entries/law-no-222004-electronic-commerce
- https://web.archive.org/web/20231227125945/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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SLOVAKIA
N/A
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Slovakia imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
SLOVAKIA
Since April 2019
Since July 2015, as amended in February 2022
Since July 2015, as amended in February 2022
Pillar Intermediary liability |
Indicator Monitoring requirement
Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
Art. 17 of Directive 2019/790 on Copyright in the Digital Single Market (DSM Directive) mandates that providers of content-sharing services seek authorisation from rights holders and implement technical solutions to remove and prevent unauthorised uploads by their users (so-called upload filters), under penalty of losing their liability safe harbour. Further arrangements are envisaged for complaints and dispute resolution mechanisms. Such upload filters are reported to be a significant cost for online platforms. Graduated exemptions are expected to be put in place for new providers active in the EU for less than three years with a turnover under EUR 10 million and with fewer than five million users. The provision is subject to a challenge in the Court of Justice by Poland (C-401/19).
To implement Directive 2019/790 on Copyright in the Digital Single Market, the government adopted Act No. 71/2022 Coll. Amending and Supplementing Act No. 185/2015 Coll. Copyright Act, as Amended, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790 on Copyright in the Digital Single Market, the government adopted Act No. 71/2022 Coll. Amending and Supplementing Act No. 185/2015 Coll. Copyright Act, as Amended, therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
Coverage Online content sharing service
Sources
- https://web.archive.org/web/20240503010947/https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1571326093909&uri=CELEX:32019L0790
- https://web.archive.org/web/20240226150300/https://www.create.ac.uk/cdsm-implementation-resource-page/
- https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2022/71/20220325.html
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SLOVAKIA
Since May 2015
Since July 2015, last amended in December 2022
Since July 2015, last amended in December 2022
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Directive 2001/29/EC
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
Copyright Act (Act No. 185/2015) (Zákon č. 185/2015 Z.z. o autorskom práve a právach súvisiacich s autorským právom)
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. Member States have transposed the Directive with significant freedom. The Copyright Act provides for a wide list of exceptions.
Coverage Horizontal
Horizontal
Horizontal
Sources
- https://web.archive.org/web/20231225202237/https://digital-strategy.ec.europa.eu/en/policies/copyright-legislation
- https://web.archive.org/web/20241211213926/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/sk/sk/sk145sk.pdf
- https://web.archive.org/web/20231130005837/http://copyrightblog.kluweriplaw.com/2016/02/29/slovakia-adopts-a-new-copyright-act-its-a-mixed-bag-part-i/
- https://web.archive.org/web/20220521223712/https://euipo.europa.eu/ohimportal/en/web/observatory/faq-sk#faqanchor_SK
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SLOVAKIA
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. Slovakia ratified the Treaty on 14 January 2000, 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
SLOVAKIA
Since May 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Slovakia and the European Union have adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. Slovakia ratified the Treaty on 14 January 2000, 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
SLOVAKIA
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)
0.75%
Coverage rate of zero-tariffs on ICT goods (%)
76.84%
Coverage: ICT goods
SLOVAKIA
Since March 2004, last amended in February 2014
Since November 2015, last amended in November 2024
Since November 2015, last amended in November 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
Act No. 343/2015 on Public Procurement and Amending Certain Acts (Zákon č. 343/2015 Z. z. o verejnom obstarávaní a o zmene a doplnení niektorých zákonov)
Act No. 343/2015 on Public Procurement and Amending Certain Acts (Zákon č. 343/2015 Z. z. o verejnom obstarávaní a o zmene a doplnení niektorých zákonov)
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 Slovakia, the Directive has been transposed through Act No. 343/2015 on Public Procurement and its amendments, complemented by Decree No. 153/2016 of the Public Procurement Office, which establishes the monetary thresholds determining when public contracts, concessions, and design contests must comply with EU procurement procedures.
In Slovakia, the Directive has been transposed through Act No. 343/2015 on Public Procurement and its amendments, complemented by Decree No. 153/2016 of the Public Procurement Office, which establishes the monetary thresholds determining when public contracts, concessions, and design contests must comply with EU procurement procedures.
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/20220131085811/https://www.slov-lex.sk/pravne-predpisy/SK/ZZ/2015/343/
- 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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SLOVAKIA
Reported in 2018, last reported in 2024
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
A lack of transparency in public procurement procedures is reported as a significant challenge in Slovakia. This perceived opacity, combined with the excessive length and complexity of tender verification and appeal processes, hinders broad participation by potential bidders. Additionally, "lock-in" contracts, where the Slovakian Government initially commits to procuring a basic service and then expands the contract to include additional services, continue to restrict foreign firms' access to public procurement, particularly in the information technology sector.
Coverage Horizontal
SLOVAKIA
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Open environment for foreign investment
It is reported that in Slovakia, both local and foreign private entities can establish and own businesses with no limits on foreign ownership.
Coverage Horizontal
SLOVAKIA
Since December 2022, entry into force in March 2023
Since February 2023, entry into force in March 2023
Since February 2023, entry into force in March 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Act No. 497/2022 Coll. on the Screening of Foreign Investments and on Amendments to Certain Acts. (Zákon č. 497/2022 o preverovaní zahraničných investícií a o zmene a doplnení niektorých zákonov)
Regulation of the Government of the Slovak Republic No. 61/2023 Laying Down the Critical Foreign Investments (Nariadenie vlády Slovenskej republiky č. 61/2023, ktorým sa ustanovujú kritické zahraničné investície)
Regulation of the Government of the Slovak Republic No. 61/2023 Laying Down the Critical Foreign Investments (Nariadenie vlády Slovenskej republiky č. 61/2023, ktorým sa ustanovujú kritické zahraničné investície)
In Slovakia, Regulation 2019/452 is transposed by Act No. 497/2022 on the Screening of Foreign Investments (the FDI Act), which replaces the previous regime under Act No. 45/2011 Coll. on Critical Infrastructure. Effective since March 2023, the FDI Act mandates that foreign investors, including legal entities registered outside the EU and non-EU individuals, obtain prior approval from the Ministry of Economy if their intended investment qualifies as foreign investment.
According to Art. 2, foreign investment includes any investment that enables the investor to acquire a Slovak target or critical assets, gain effective participation (voting rights or registered capital) in a Slovak target (10% for critical foreign investments and 25% for non-critical investments), increase participation to specific thresholds (20%, 33%, or 50% for critical investments and 50% for non-critical investments), or exercise control over a Slovak target.
The law outlines three screening regimes:
- Compulsory screening for critical investments, requiring prior FDI approval before closing.
- Voluntary screening for non-critical investments, where a notification must be submitted before closing, allowing closure even if FDI proceedings are ongoing.
- Ex officio screening for all foreign investments that may threaten or disrupt security or public order in Slovakia or the EU, applicable within two years after closing (with no time limit for critical investments).
Additionally, Arts. 11-15 specify that investments in certain fields may be classified as foreign critical investments, requiring prior approval from the Ministry of Economy. Government Regulation No. 61/2023 Coll. identifies critical sectors, including the operation and management of critical infrastructure; cybersecurity services; digital services related to online markets, search engines, and cloud computing; production and research in encryption technologies; specific broadcasting media; online content-sharing platforms with annual revenues exceeding EUR 2 million; publishing large-scale periodic press or news agencies; and operating online news portals.
According to Art. 2, foreign investment includes any investment that enables the investor to acquire a Slovak target or critical assets, gain effective participation (voting rights or registered capital) in a Slovak target (10% for critical foreign investments and 25% for non-critical investments), increase participation to specific thresholds (20%, 33%, or 50% for critical investments and 50% for non-critical investments), or exercise control over a Slovak target.
The law outlines three screening regimes:
- Compulsory screening for critical investments, requiring prior FDI approval before closing.
- Voluntary screening for non-critical investments, where a notification must be submitted before closing, allowing closure even if FDI proceedings are ongoing.
- Ex officio screening for all foreign investments that may threaten or disrupt security or public order in Slovakia or the EU, applicable within two years after closing (with no time limit for critical investments).
Additionally, Arts. 11-15 specify that investments in certain fields may be classified as foreign critical investments, requiring prior approval from the Ministry of Economy. Government Regulation No. 61/2023 Coll. identifies critical sectors, including the operation and management of critical infrastructure; cybersecurity services; digital services related to online markets, search engines, and cloud computing; production and research in encryption technologies; specific broadcasting media; online content-sharing platforms with annual revenues exceeding EUR 2 million; publishing large-scale periodic press or news agencies; and operating online news portals.
Coverage Critical sectors
Sources
- https://web.archive.org/web/20231219024112/https://eur-lex.europa.eu/eli/reg/2019/452/oj
- https://web.archive.org/web/20231222223551/https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://web.archive.org/web/20230209050359/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4172/slovakia-expands-its-fdi-screening-regime-
- https://web.archive.org/web/20241109053612/https://www.zakonypreludi.sk/zz/2023-61
- https://web.archive.org/web/20241211212506/https://www.lexology.com/library/detail.aspx?g=e92ca02b-5e8f-4583-bcf6-208242afc540&
- https://web.archive.org/web/20231004220428/https://investmentpolicy.unctad.org/investment-policy-monitor/measures/4172/slovakia-expands-its-fdi-screening-regime-
- https://web.archive.org/web/20240522213605/https://www.wolftheiss.com/insights/new-fdi-screening-regime-in-the-slovak-republic/
- https://web.archive.org/web/20240418111139/https://www.whitecase.com/insight-our-thinking/foreign-direct-investment-reviews-2024-slovakia
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SLOVAKIA
Since October 2001, last amended in October 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Act No. 435/2001 Coll. on Patents, Supplementary Protection Certificates and Amendment of Some Acts (Patent Act) Zakon 435/2001 Z. z. o patentoch, dodatkových ochranných osvedčeniach a o zmene a doplnení niektorých zákonov (patentový zákon)
According to Art. 79.2 of the Patent Act, any person without a permanent residence or registered office in the territory of the Slovak Republic must be represented by a lawyer or a patent attorney in proceedings before the Industrial Property Office, including in matters concerning the submission of translations. This requirement for mandatory representation does not apply to participants who are citizens of, or have a registered office or business establishment in, a contracting state of the Agreement on the European Economic Area. However, such participants are required to notify the Office of an address for service within the territory of the Slovak Republic.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241211212716/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/sk/sk140en_1.pdf
- https://www.slov-lex.sk/ezbierky/pravne-predpisy/SK/ZZ/2001/435/
- https://www.indprop.gov.sk/en/patents/european-patents/classical-european-patent/representation-of-owners-of-european-patent-applications-and-european-patents-intended-for-the-slovak-republic
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