Database

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QATAR

Since June 2019, last amended in July 2022

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Decision of the Council of Ministers No. 16 of 2019 Promulgating the Executive Regulation of the Law Regulating Tenders and Auctions Promulgated by Law No. 24 of 2015
قرار مجلس الوزراء رقم (16) لسنة 2019 بإصدار اللائحة التنفيذية لقانون تنظيم المناقصات والمزايدات الصادر بالقانون رقم (24) لسنة 2015
According to Art. 33 of the Decision of the Council of Ministers No. 16 of 2019, tender conditions and draft contracts concluded with non-Qatari companies for the provision of services within Qatar (excluding consultancy services) must include a clause requiring such companies to rely on local markets for no less than 30% of the total contract value. This requirement applies without affecting the technical conditions and specifications upon which the contract was awarded. The stipulated percentage encompasses expenditures on raw materials, locally manufactured products, and services provided by local companies in the performance of the contract.
Coverage Horizontal

QATAR

Since March 1987

Pillar Public procurement of ICT goods and online services  |  Indicator Other limitations on foreign participation in public procurement
Law No. 6 of 1987 Concerning the Unified Rules for Giving Priority in Government Procurement to National Products and Products of National Origin in the GCC States
قانون رقم (6) لسنة 1987 بشأن القواعد الموحدة لأعطاء الأولوية في المشتريات الحكومية للمنتجات الوطنية والمنتجات ذات المنشأ الوطني بدول مجلس التعاون لدول الخليج العربية
According to Art. 2 of Law No. 6 of 1987, in tenders, national products are granted a 10% price preference over similar foreign products and a 5% price preference over similar products of national origin. In cases where a national product is not available, products of national origin are afforded a 10% price preference over comparable foreign products.
For the purposes of this provision, national products refer to goods produced within the State of Qatar and recognised as national or local products under Qatari law. Products of national origin are defined as goods in which the value added through production in a Gulf Cooperation Council (GCC) member state constitutes at least 40% of the final value upon completion of production, and where at least 51% of the ownership of the producing facility is held by GCC citizens, as certified by a certificate of origin.
Coverage Horizontal

QATAR

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)
Qatar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA).
Coverage Horizontal

QATAR

Since July 2019

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Indicator Maximum foreign equity share
Law No. (1) of 2019 On Regulating Non-Qatari Capital Investment in the Economic Activity
قانون رقم (1) لسنة 2019 بتنظيم استثمار رأس المال غير القطري في النشاط الاقتصادي
According to Art. 2 of Law No. 1 of 2019 on Regulating Non-Qatari Capital Investment in Economic Activity, non-Qatari investors may invest in all economic sectors, with capital ownership of up to 100%, in accordance with the Minister of Commerce and Industry Decision No. 44 of 2020 issuing the Executive Regulations of the Law. Although the legislation specifies certain sectors excluded from foreign participation - such as banking and insurance, commercial agencies, and any other activities determined by a decision of the Council of Ministers - none of these restrictions are directly relevant to digital trade.
Coverage Horizontal

PORTUGAL

Since 1998, last amended in 2020

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Decree-Law No. 398/1998 of the General Tax Law (Lei Geral Tributária Decreto-Lei No. 398/98)
According to Art. 19.6 Decree-Law No. 398/1998, non-resident suppliers are generally required to register for Value Added Tax in Portugal if they sell goods or supply services to private customers. Only non-EU resident companies must appoint a resident tax representative for Value Added Tax registration.
Coverage Horizontal

PORTUGAL

Since September 1986, last amended in December 2023
Since December 1986, last amended in December 2023

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Decree-Law 262/1986 of the Companies Code (Decreto-Lei No. 262/86 Código das Sociedades Comerciais)

Decree-Law No. 403/1986 on the Commercial Registry Code (Código do Registo Comercial - CRC Decreto-Lei No. 403/86)
Art. 4 of the Decree-Law No. 262/1986 and Art. 40 of the Decree-Law No. 403/1986 establish that, as a general rule, foreign companies that wish to exercise their activity in Portugal for more than one year must establish a "permanent representation" (i.e. registered office, central administration or principal place of business within host country - Portugal - or in a European Union country) in the country and comply with the provisions set forth under Portuguese law in relation to commercial registration.
Coverage Horizontal

PORTUGAL

Since June 2014
Since May 2014
Since February 2013

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

Decree-Law No. 24/2014 Regulating Distance Sales Contracts (Decreto-Lei No. 24/2014)

Decree-Law No. 166/2013 Approving the Regime of Individual Restrictive Commercial Practices (Decreto-Lei No. 166/2013 - Regime aplicável às práticas individuais restritivas do comércio)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by Decree-Law No. 24/2014, regulating distance sales contracts and Decree-Law No. 166/2013, approving the regime of the individual restrictive commercial practices.
Coverage Horizontal

PORTUGAL

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

PORTUGAL

N/A

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

PORTUGAL

N/A

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

PORTUGAL

Since March 2010, entry into force in May 2010, last amended in 2018
Since July 2007, as amended in November 2020
Since September 2012, as amended in November 2020

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)

Television and Audiovisual On-Demand Services Law (Lei da Televisão e dos Serviços Audiovisuais a Pedido)

Law 55/2012 on The Principles of State Action in the Framework of the Promotion, Development and Protection of the Art of Cinema and Cinematographic and Audiovisual Activities
(Lei n.º 55/2012 Establece os princípios de ação do Estado no quadro do fomento, desenvolvimento e proteção da arte do cinema e das atividades cinematográficas e audiovisuais)
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 Portugal, the EU Directive was transposed into domestic law through the amendment of the Television and Audiovisual On-Demand Services Law of November 2020 (Law No. 74/2020). According to Art. 45.2 of the Act, on-demand audiovisual service operators must ensure that European works comprise at least 30% of their catalogues, giving prominence to such works and allocating at least half of that percentage to independently produced European creative works originally in Portuguese and produced within the last five years.
Furthermore, according to Art. 14-A of Law 55/2012, television service operators, on-demand audiovisual service operators, distributors of cinematographic works, and videogram publishers in Portugal are required to allocate a portion of their investment expenditure to the development, production, and promotion of European and Portuguese-language works, as well as independently produced works. This investment obligation is calculated based on their relevant income from various audiovisual services, allowing for flexibility in selecting specific projects. Small operators may be exempt from these requirements based on their revenue and market share.
Coverage On-demand audiovisual service

PORTUGAL

Since July 2000
Since January 2004, last amended July 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Decree Law No. 7/2004 on Electronic Commerce (Decreto-Lei No. 7/2004 de 7 de Janeiro (Comércio Eléctronico))
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.
In Portugal, the safe harbour is mainly defined in the Information Decree-Law No. 7/2004 as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting (Arts. 11 to 19 Decree Law No. 7/2004). Portuguese legislation introduces additional particularities and liability exemptions such as, under certain circumstances, intermediary liability for content aggregation providers, mainly hyperlinking and search engine services (Art. 17 Decree Law No. 7/2004).
Coverage Horizontal

PORTUGAL

Since July 2000
Since January 2004, last amended July 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)

Decree Law No. 7/2004 on Electronic Commerce (Decreto-Lei No. 7/2004 de 7 de Janeiro (Comércio Eléctronico))
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.
In Portugal, the safe harbour is mainly defined in the Information Decree-Law No. 7/2004 as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting (Arts. 11 to 19 Decree Law No. 7/2004). Portuguese legislation introduces additional particularities and liability exemptions such as, under certain circumstances, intermediary liability for content aggregation providers, mainly hyperlinking and search engine services (Art. 17 Decree Law No. 7/2004).
Coverage Horizontal

PORTUGAL

Reported in 2023

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Import ban applied on ICT goods or online services
Ban on Chinese technology
In May 2023, Portugal's Cybersecurity Council (CSSC) reportedly issued a resolution prohibiting the use of Chinese technology, including Huawei's equipment, in the nation's 5G and 4G networks, citing national security concerns. Subsequently, in September 2023, Huawei initiated legal proceedings in a Lisbon court to contest the resolution issued by the CSSC.
Coverage Chinese technology, including Huawei

PORTUGAL

Since November 1992

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

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