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CANADA

Since July 2017, last amended in December 2019

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Canadian Free Trade Agreement
The Canadian Free Trade Agreement (CFTA) is an intergovernmental trade agreement signed by Canadian ministers representing the federal government and all 13 provinces and territories. The Agreement commits provincial, territorial and federal governments to a comprehensive set of rules. The Government Procurement Chapter allows a procuring entity from limiting its tendering to Canadian goods, services, or suppliers, except as otherwise required to comply with international obligations, including the WTO Government Procurement Agreement (GPA), and provided that its purpose is not to avoid competition or to discriminate against any other Party's goods, services, or suppliers (Art. 503.4(b)).
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 = 'CA')\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":"58801"},{"post_id":"58802"},{"post_id":"58803"}]
"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 = 'CA')\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 = 'CA')\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":"0.00"}]

CANADA

ITA signatory? I II

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Effective tariff rate to ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.52%
Coverage rate of zero-tariffs on ICT goods (%)
91.73%
Coverage: Digital goods

CANADA

Since March 1997
Since December 2015

Pillar Tariffs and trade defence measures applied on ICT goods  |  Sub-pillar Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)

ITA Expansion Agreement (ITA II)
Canada is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods

PANAMA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Panama 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

PANAMA

Since October 2007
Since May 2019

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 45, which Establishes Regulation on Consumer Protection, Defense of Competition and Other Provisions (Ley No. 45 Que Establece Normas Sobre Protección al Consumidor, Defensa de la Competencia y Otras Disposiciones)

Executive Decree No. 24 by which the Law No. 51 "Of E-commerce and Technological Storage of Documents" is regulated (Decreto Ejecutivo No. 24 por el cual se reglamenta la Ley No. 51 en materia de comercio electrónico y almacenamiento tecnológico de documentos )
Law No. 45 and Executive Decree No. 24 provide a comprehensive framework for consumer protection that also applies to online transactions. Law No. 45 regulates consumer relations and specifies consumer rights, including the responsibilities of suppliers to the consumer. The Executive Decree No. 24 also provides provisions applicable to the technological storage services and commercial services through the Internet.
Coverage E-commerce sector

PANAMA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Panama has signed but not ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

PANAMA

Since 2001

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Panama 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

PANAMA

Reported in 2021

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 100, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal

PANAMA

Since April 1996
Since July 1997
Since November 2014

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Executive Decree No. 73

Law 23 of July 15, 1997

ASEP Resolution 8105, 2014
According to the Art. 290 of the Executive Decree No. 73, all the equipment that is connected to the public network or used to carry out radioelectric emissions shall be approved for its commercialization, use and operation. The requirements are established by the Regulatory Entity in order to ensure adequate compliance with the technical specifications.
According to the Art. 93 of Law 23 of July 15, 1997, the General Direction of Standards and Industrial Technology (DGNTI) is the organization responsible for technical standardization and conformity assessment. According to the DGNTI, the document that approves a certificate of conformity shall be issued either by a certification body duly accredited under ISO/IEC 17065 or by an accreditation body with international recognition under the Multilateral Recognition Agreements of the International Accreditation Forum (IAF).
It is reported that products that use radio frequency technology require ASEP (Autoridad Nacional de los Servicios Públicos)-type approval and certification to import and commercialize in Panama and that no testing is required. However, a homologation process is necessary in order to obtain ASEP approval. Technical documents will be reviewed and validated in the approval process. The following products are signaled as requiring ASEP approval: transceivers, personal trackers, wireless microphones, mobile phones, Radio Frequency Identification equipment, radio alarms.
Coverage Telecommunications equipment, mobile phones

PANAMA

Since September 2009

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law No. 51 Which establishes rules for the conservation, protection and provision of data of users of telecommunication services and adopts other provisions (Ley No. 51 Que dicta normas para la conservación, la protección y el suministro de datos de usuarios de los servicios de telecomunicaciones y adopta otras disposiciones)
Art. 4 of Law No. 51 establishes that mobile telephone operators, their subsidiaries and authorized agents that commercialize services with activity systems through the prepaid card modality must keep a record of the identity or general information provided by their customers who acquire a telephone unit or smart card (SIM) with such payment modality.
Coverage Telecommunications sector

PANAMA

Since July 2008

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Law No. 51 Which establishes rules for the conservation, protection and provision of data of users of telecommunication services and adopts other provisions (Ley No. 51 Que dicta normas para la conservación, la protección y el suministro de datos de usuarios de los servicios de telecomunicaciones y adopta otras disposiciones)
Arts. 88-91 of Law No. 51 provides a safe harbor that shields network operators, service providers, online trade service providers and storage service providers from responsibility.
Coverage Internet intermediaries

PANAMA

Since July 2008

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Law No. 51 Which establishes rules for the conservation, protection and provision of data of users of telecommunication services and adopts other provisions (Ley No. 51 Que dicta normas para la conservación, la protección y el suministro de datos de usuarios de los servicios de telecomunicaciones y adopta otras disposiciones)
Arts. 88-91 of Law No. 51 provides a safe harbor that shields network operators, service providers, online trade service providers and storage service providers from responsibility. In addition, a safe harbor provision also forms a substantial part of the intellectual property chapter in the FTA entered into between the United States of America and Panama (Art. 15.11, para. 27).
Coverage Internet intermediaries

PANAMA

Since March 2019, entry into force in March 2021

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Law No. 81 on Personal Data Protection (Ley No. 81 - Sobre protección de datos personales)
The Personal Data Protection Law provides a comprehensive data protection regime. The law applies any person in charge of data processing who is domiciled in Panama and any foreign companies' ongoing commercial online activities targeting Panamanian market.
Coverage Horizontal

PANAMA

Since March 2019, entry into force in March 2021

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 81 on Personal Data Protection (Ley No. 81 - Sobre protección de datos personales)
Under Art. 5 of Law No. 81, the transfer of personal data of a confidential, sensitive or restricted nature by the company responsible for the database or its custodian shall be permitted, provided that the company and/or its country of residence provide a level of protection comparable to that of Law No. 81; or if the transferring entity takes all necessary steps to ensure that the data will be protected in a manner consistent with the Law No. 81 through contracts, codes of conduct or applicable international standards. Art. 5 lists the following exemptions: when the data subject has given his/her consent; in the case of bank, money, stock market or securities transfers; when the transfer of the information is required by law or in order to comply with international treaties ratified by the Republic of Panama; and when the transfer is necessary for the conclusion or execution of a contract concluded or to be celebrated by the interested party or in their interest.
Coverage Horizontal

PANAMA

Since April 2014, entry into force in July 2015

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Free Trade Agreement between the United Mexican States and the Republic of Panama
Panama has taken commitment covering cross-border data flow in the Free Trade Agreement between the United Mexican States and the Republic of Panama (Art.14.10).
Coverage Horizontal