RWANDA
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)
Rwanda is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law No. 006/2021 of 05/02/2021 on Investment Promotion and Facilitation
There is no restriction on foreign ownership. According to Art. 9 of the Investment Promotion and Facilitation Law, foreign investors are allowed to invest and purchase shares in an investment entity in Rwanda and receive the same treatment as Rwandan investors in terms of investment incentives and facilitation.
In this regard, Rwanda has neither statutory limits on foreign ownership or control nor any official economic or industrial strategy that discriminates against foreign investors. Local and foreign investors have the right to own and establish business enterprises in all forms of remunerative activity.
In this regard, Rwanda has neither statutory limits on foreign ownership or control nor any official economic or industrial strategy that discriminates against foreign investors. Local and foreign investors have the right to own and establish business enterprises in all forms of remunerative activity.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law No. 007/2021 of 05/02/2021 Governing Companies
According to Art. 6 of Law No. 007/2021 of 05/02/2021 Governing Companies, a company must have at least one director who resides in Rwanda.
Coverage Horizontal
RWANDA
Since February 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 006/2021 of 05/02/2021 on Investment Promotion and Facilitation
Under Art. 17 of the Law on Investment Promotion and Facilitation, commercial entities seeking to invest in Rwanda are required to submit an investment registry application to the Investment Board. The application must include several key documents, including a completed registration form, a certificate of incorporation, and a comprehensive business plan. The business plan must detail the project’s name, an action plan, the projected commencement date, the sourcing of raw materials, the financing or assets to be obtained from abroad, a market survey, plans for technology and knowledge transfer, and five-year income projections. Additionally, the application must include an environmental impact assessment certificate, projected employment numbers and categories, proof of payment of a non-refundable registration fee, and a license from the relevant business sector in which the investor intends to operate. The Investment Board reviews the application, and if any documents are missing, the application will be rejected, with written reasons for rejection provided within two working days. If the application is complete and meets the necessary requirements, the Board will issue an "investment certificate," which is valid for five years.
Coverage Horizontal
RWANDA
Reported in 2017, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of effective enforcement of patents
It is reported that investors encounter challenges in registering patents and having rules against infringement of their property rights enforced promptly due to weak enforcement of patents' rights, stemming from inadequate capacity and knowledge of intellectual property law by the justice sector.
Coverage Horizontal
RWANDA
Since August 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Rwanda is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
RWANDA
Since July 2024
Since September 2020
Since September 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 055/2024 on the Protection of Intellectual Property
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Guidelines for Intellectual Property Registration - Published by the Office of the Registrar General Intellectual Property Division, Rwanda development Board, Year 2020
Law No. 055/2024 on the Protection of Intellectual Property establishes a clear framework for copyright exceptions, following the fair use model. This allows the lawful use of copyrighted works by others without the need for permission. Arts. 291–304 of the law detail these exceptions, which include, among others, private reproduction, temporary reproduction, quotation, reproduction by libraries, use for judicial purposes, importation for personal use, and reproduction for individuals with visual or other disabilities. Additionally, Section 4.7 of the Guidelines for Intellectual Property Registration underscores that the fair use doctrine permits the use of limited portions of a work—such as quotes—for purposes like commentary, criticism, news reporting, and scholarly research. This provision enables the use of protected works for educational, critical, and journalistic purposes without requiring consent from the rights holder. Prior to the enactment of Law No. 055/2024, the Guidelines for Intellectual Property Registration complemented Law No. 31/2009 on the Protection of Intellectual Property, particularly Arts. 203–215, which outlined limitations on economic rights, including a comprehensive list of copyright limitations and exceptions.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240929002514/https://wipolex-resources-eu-central-1-358922420655.s3.amazonaws.com/edocs/lexdocs/laws/en/rw/rw038en_1.pdf
- https://web.archive.org/web/20220108104524/https://org.rdb.rw/wp-content/uploads/2020/09/Guidelines-for-intelectual-property-registration_compressed.pdf
ROMANIA
Since June 2014
Since December 2007
Since December 2007
Pillar Online sales and transactions |
Indicator Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Law No. 363/2007 on Unfair Commercial Practices of Traders in Relation to Consumers and Harmonising the Regulations with the European Legislation on Consumer Protection (Lege nr. 363 din 21 decembrie 2007 privind combaterea practicilor incorecte ale comercianților în relația cu consumatorii și armonizarea reglementărilor cu legislația europeană privind protecția consumatorilor)
Law No. 363/2007 on Unfair Commercial Practices of Traders in Relation to Consumers and Harmonising the Regulations with the European Legislation on Consumer Protection (Lege nr. 363 din 21 decembrie 2007 privind combaterea practicilor incorecte ale comercianților în relația cu consumatorii și armonizarea reglementărilor cu legislația europeană privind protecția consumatorilor)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Law No. 363/2007 on unfair commercial practices of traders in relation to consumers and harmonising the regulations with the European legislation on consumer protection.
Coverage Horizontal
ROMANIA
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
Romania has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ROMANIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Romania 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
ROMANIA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Romania 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
ROMANIA
Since June 2021
Pillar Technical standards applied to ICT goods and online services |
Indicator Product screening and additional testing requirements
Law No. 163 of 11 June 2021 on the Adoption of Measures on Information and Communication Infrastructures of National Interest and Conditions for the Deployment of 5G Networks (Lege nr. 163 din 11 iunie 2021 privind adoptarea unor măsuri referitoare la infrastructuri informatice și de comunicații de interes național și condițiile implementării rețelelor 5G)
In 2021, the Romanian government approved Law No. 163 of 11 June 2021 on the adoption of measures on information and communication infrastructures of national interest and conditions for the deployment of 5G networks, requiring suppliers to have approval from the Supreme Council of National Defence (CSAT) to sell 5G equipment (Art. 3). The legislation states that equipment from untrusted vendors must be replaced by 2026 (core network) and 2028 (RAN equipment). To provide 5G equipment in Romanian mobile networks after 2026 (Core) / 2028 (RAN), the vendor must apply to the Supreme Council of National Defence (CSAT) for approval. It is reported that from 2021 until 2024, Huawei chose not to apply for such a permit. Given that Huawei has not received CSAT approval, Romanian telecom companies would have to remove all Huawei products from their networks within five to seven years, and the major Chinese firm is excluded from taking part in the development of the 5G network.
Coverage Chinese telecommunications providers
Sources
- https://web.archive.org/web/20231128184321/https://legislatie.just.ro/Public/DetaliiDocument/243213
- https://web.archive.org/web/20210618092145/https://www.reuters.com/business/media-telecom/romanian-president-signs-bill-into-law-ban-huawei-5g-2021-06-11/
- https://web.archive.org/web/20240429092145/https://strandconsult.dk/huawei-banned-in-romania-here-are-15-facts-huawei-doesnt-want-you-to-know/
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ROMANIA
Since June 2000
Since June 2002, as amended in November 2006
Since June 2002, as amended in November 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
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 national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
The national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231212010156/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20231207050328/https://legislatie.just.ro/Public/DetaliiDocument/37075
- https://web.archive.org/web/20240818081255/https://wilmap.stanford.edu/entries/law-no-3652002-electronic-commerce
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ROMANIA
Since June 2000
Since June 2002, as amended in November 2006
Since June 2002, as amended in November 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
Law No. 365/2002 on E-commerce (Legea No. 365/2002 privind comerţul electronic)
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 national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
The national transposition by Romania of Directive 2000/31/EC has been carried out through the E-commerce Act. Arts. 11-15 of the law outlines the liability scheme for internet intermediaries. The law largely follows the European Union E-Commerce 'safe harbours' model, immunising intermediaries when they act as a mere conduit or when they cache or host material. Intermediaries remain liable if they are the originators of the information, if they modify the information or if they are aware of the infringing nature of the information. While there is no general monitoring duty imposed on intermediaries, once they are made aware of the infringing content, they must remove it from their platform' rapidly. Art. 16 further provides that the legal remedy brought against these intermediaries is either a take-down or a blocking order (both temporary and permanent injunctive remedies are permitted).
The law differs from the EU model in two primary respects. The law does not use the term ‘internet intermediary’; instead, it identifies specific types of ‘service provider[s]’, suggesting a more nuanced view of the online environment. This enables the law to go further than the EU E-Commerce Directive. Specifically, Art. 15 explicitly extends the internet intermediary liability protection to search engines, which are not considered in the EU directive. Search engines are similarly liable if they fail to block illegal content once they have been made aware of it.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231212010156/https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://web.archive.org/web/20231127082718/https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://web.archive.org/web/20231207050328/https://legislatie.just.ro/Public/DetaliiDocument/37075
- https://web.archive.org/web/20240818081255/https://wilmap.stanford.edu/entries/law-no-3652002-electronic-commerce
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ROMANIA
Since April 2019
Since March 1996, as amended in March 2022
Since March 1996, as amended in March 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
Law No. 8 of March 1996, on Copyright and Neighboring Rights (Legea nr. 8 din 14 martie 1996 privind dreptul de autor și drepturile conexe)
Law No. 8 of March 1996, on Copyright and Neighboring Rights (Legea nr. 8 din 14 martie 1996 privind dreptul de autor și drepturile conexe)
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, the President promulgated Law No. 69 Amending and Supplementing Law No. 8/1996 on Copyright and Related Rights , therefore making online content-sharing service providers partially liable for copyright violations on their platforms.
To implement Directive 2019/790, the President promulgated Law No. 69 Amending and Supplementing Law No. 8/1996 on Copyright and Related Rights , 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/20221128085743/https://legislatie.just.ro/Public/DetaliiDocument/253526
- https://web.archive.org/web/20220323002854/https://www.create.ac.uk/cdsm-implementation-resource-page/
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