LIBYA
Reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
De facto FDI restriction
It is reported that fixed telecommunications are not open to private parties to operate in and that approvals cannot be obtained for it given that the license has been restricted to the Libyan Post Telecommunications Information Technology Company (LPTIC).
Coverage Fixed-telecommunications sector
Sources
- https://security-legislation.ly/latest-laws/law-no-22-of-2010-on-communications/
- https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-22-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D9%84%D8%A7%D8%AA%D8%B5%D8%A7%D9%84%D8%A7%D8...
- https://www.worldbank.org/en/research/brief/services-trade-restrictions-database
- https://security-legislation.ly/wp-content/uploads/2021/07/900-Law-No.-22-of-2010_EN.pdf
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LIBYA
Since July 2012, last amended in December 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Maximum foreign equity share
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
Resolution No. 823-2013 stating provisions in Resolution No. 207-2012 of the Minister of Economy
Resolution No. 823-2013 stating provisions in Resolution No. 207-2012 of the Minister of Economy
According to Arts. 1 and 2 of Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya, foreigners can only invest or operate in Libya through establishing joint ventures with Libyan nationals in the form of a joint stock company, provided that their paid-up capital is not less than one million dinars (approx. USD 207,400) upon incorporation or three-tenths of the subscribed cash capital. According to Art. 3, the share of foreigners in the capital of joint companies involved in any commercial activity should not exceed 49%. The share may be increased to 60% for particular reasons, based on a decision of the Minister of Economy. Art. 1 of Resolution No. 823-2013 amended Art. 2 of Resolution No. 207-2012 and abolished Limited Liability Companies as a form of Joint Company between Libyans and foreigners.
Some exceptions apply to this requirements. In particular, some sectors are closed to foreign investment (Art. 6), while some are fully open (Art. 9).
Some exceptions apply to this requirements. In particular, some sectors are closed to foreign investment (Art. 6), while some are fully open (Art. 9).
Coverage Horizontal
Sources
- https://ejraat.gov.ly/media/قرار%20رقم%20(207)%20لسنة%202012.pdf
- https://lawsociety.ly/legislation/%d9%82%d8%b1%d8%a7%d8%b1-%d8%b1%d9%82%d9%85-207-%d9%84%d8%b3%d9%86%d8%a9-2012-%d9%85-%d8%a8%d8%b4%d8%a3%d9%86-%d9%85%d8%b3%d8%a7%d9%87%d9%85%d8%a9-%d8%a7%d9%84%d8%a3%...
- https://lawsociety.ly/legislation/%d9%82%d8%b1%d8%a7%d8%b1-%d8%b1%d9%82%d9%85-823-%d9%84%d8%b3%d9%86%d8%a9-2013-%d9%85-%d8%a8%d8%aa%d9%82%d8%b1%d9%8a%d8%b1-%d8%a3%d8%ad%d9%83%d8%a7%d9%85-%d9%81%d9%8a-...
- https://lawsociety.ly/legislation/%d9%82%d8%b1%d8%a7%d8%b1-%d8%b1%d9%82%d9%85-1000-%d9%84%d8%b3%d9%86%d8%a9-2022-%d9%85-%d8%a8%d8%b4%d8%a3%d9%86-%d8%a5%d9%8a%d9%82%d8%a7%d9%81-%d8%a7%d9%84%d8%b9%d9%85...
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LIBYA
N/A
Pillar Public procurement of ICT goods and online services |
Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Libya is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status. In fact, Libya is not a Member of the WTO.
Coverage Horizontal
LIBYA
Reported in 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
Corruption is reported to be one of the main obstacles preventing foreign companies or service providers from participating in government tenders.
Coverage Horizontal
LIBYA
Since April 2023
Pillar Public procurement of ICT goods and online services |
Sub-pillar Exclusion from public procurement
Circular of the Minister of Economy and Trade No. 4-2023
Circular 4-2023 requests all public companies and government agencies funded from the general budget to commit to giving priority to supplies from the local market, especially those manufactured and produced locally when contracting for the procurement of materials and supplies they need.
Coverage Horizontal
LIBYA
N/A
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)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Libya is not signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II). In fact, Libya is not a Member of the WTO.
Coverage ICT goods
LIBYA
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)
3.48%
Coverage rate of zero-tariffs on ICT goods (%)
16.70%
Coverage: Digital goods
CZECH REPUBLIC
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
The Czech Republic 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
CZECH REPUBLIC
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
The Czech Republic 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
CZECH REPUBLIC
Since June 2014
Since December 1992, as amended in February 2016
Since December 1992, as amended in February 2016
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Act No. 634/1992 Coll., Consumer Protection Act
Act No. 634/1992 Coll., Consumer Protection Act
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented through an amendment of the Consumer Protection Act.
Coverage Horizontal
Sources
CZECH REPUBLIC
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
The Czech Republic has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CZECH REPUBLIC
Since March 2010, entry into force in May 2010, last amended in 2018
Since 2010
Since 2010
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
EU Directive on Audiovisual Media Services (AVMS)
Radio and Television Broadcasting Act
Radio and Television Broadcasting Act
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. Article 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 through facilitating access to such works using any appropriate means to ensure prominence of European works. 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.
The Czech Radio and Television Broadcasting Act transposes the AVMS into Czech law. Broadcasters of television programmes are prohibited from showing audiovisual works that have been translated from an official EU language into a non-EU language. Section 42 states that broadcasters shall reserve, where practicable, more than half of their transmission time (excluding the time allotted to news, sports events, games, advertising, teletext and teleshopping services) for European works. Section 43 states that broadcasters shall reserve, where practicable, at least 10% of their transmission time (excluding the time allotted to news, sports events, games, advertising, teletext and teleshopping services), or alternately shall invest at least 10% of their programming budget, for European works created by producers who are independent from broadcasters (section 42 of the Radio and Television Broadcasting Act).
The Czech Radio and Television Broadcasting Act transposes the AVMS into Czech law. Broadcasters of television programmes are prohibited from showing audiovisual works that have been translated from an official EU language into a non-EU language. Section 42 states that broadcasters shall reserve, where practicable, more than half of their transmission time (excluding the time allotted to news, sports events, games, advertising, teletext and teleshopping services) for European works. Section 43 states that broadcasters shall reserve, where practicable, at least 10% of their transmission time (excluding the time allotted to news, sports events, games, advertising, teletext and teleshopping services), or alternately shall invest at least 10% of their programming budget, for European works created by producers who are independent from broadcasters (section 42 of the Radio and Television Broadcasting Act).
Coverage Broadcasting
Sources
- https://www.rrtv.cz/en/static/documents/act-231-2001/Act-on-RTV-broadcasting-reflecting-AVMSD.pdf
- https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32010L0013&from=EN
- https://eur-lex.europa.eu/eli/dir/2018/1808/oj
- https://erga-online.eu/wp-content/uploads/2021/12/ERGA-SG1-2021-Report-Article-13_1.pdf
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CZECH REPUBLIC
Since July 2020
Since 2004
Since 2004
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 480/2004, July 29, 2004, on Some Services of the Information Society
Law No. 480/2004, July 29, 2004, on Some Services of the Information Society
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 harbor. 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 Act on Some Services of Information implements the e-Commerce Directive into Czech law incorporating mere conduit (§ 3), caching (§ 4) and hosting safe harbors (§ 5), and prohibition of general monitoring obligation (§ 6).
The Act on Some Services of Information implements the e-Commerce Directive into Czech law incorporating mere conduit (§ 3), caching (§ 4) and hosting safe harbors (§ 5), and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://wilmap.stanford.edu/country/czech-republic
- https://wilmap.stanford.edu/entries/law-no-4802004-july-29-2004-some-services-information-society
- https://www.uoou.cz/en/vismo/zobraz_dok.asp?id_org=200156&id_ktg=1155&archiv=2&p1=1179
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CZECH REPUBLIC
Since July 2020
Since 2004
Since 2004
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Law No. 480/2004, July 29, 2004, on Some Services of the Information Society
Law No. 480/2004, July 29, 2004, on Some Services of the Information Society
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 harbor. 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 Act on Some Services of Information implements the e-Commerce Directive into Czech law incorporating mere conduit (§ 3), caching (§ 4) and hosting safe harbors (§ 5), and prohibition of general monitoring obligation (§ 6).
The Act on Some Services of Information implements the e-Commerce Directive into Czech law incorporating mere conduit (§ 3), caching (§ 4) and hosting safe harbors (§ 5), and prohibition of general monitoring obligation (§ 6).
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
- https://wilmap.stanford.edu/country/czech-republic
- https://wilmap.stanford.edu/entries/law-no-4802004-july-29-2004-some-services-information-society
- https://www.uoou.cz/en/vismo/zobraz_dok.asp?id_org=200156&id_ktg=1155&archiv=2&p1=1179
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CZECH REPUBLIC
Since March 2006
Since February 2005
Since March 2011
Since February 2005
Since March 2011
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Data Retention Directive 2006/24/EC
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act No. 127/2005 Coll. of 22 February 2005 on Electronic Communications and on Amendment to Certain Related Acts
Czech Constitutional Court Decisions 2011/03/22 - Pl. ÚS 24/10: Data Retention in Telecommunications Services
Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Act No. 127/2005 Coll. of 22 February 2005 on Electronic Communications and on Amendment to Certain Related Acts
Czech Constitutional Court Decisions 2011/03/22 - Pl. ÚS 24/10: Data Retention in Telecommunications Services
Under the EU Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.
In the Czech Republic, Section 97(3) and (4) of the Electronic Communications Acts provides data retention requirements. It requires electronic communications services to keep 'data packets' (including information on each telephone connection, text message, internet connection or email correspondence) of all clients for a period of six months.
The Constitutional Court of the Czech Republic, in March 2011, judged Sections 97(3) and (4) of the Electronic Communications Act to be unconstitutional. However, the data retention regime has remained in place in spite of the Constitutional Court’s reservation. Moreover, in its judgment of 2019, the Constitutional Court concluded that, in fact, a period of six months is not a manifestly disproportionate period and validated the Czech legislation.
In the Czech Republic, Section 97(3) and (4) of the Electronic Communications Acts provides data retention requirements. It requires electronic communications services to keep 'data packets' (including information on each telephone connection, text message, internet connection or email correspondence) of all clients for a period of six months.
The Constitutional Court of the Czech Republic, in March 2011, judged Sections 97(3) and (4) of the Electronic Communications Act to be unconstitutional. However, the data retention regime has remained in place in spite of the Constitutional Court’s reservation. Moreover, in its judgment of 2019, the Constitutional Court concluded that, in fact, a period of six months is not a manifestly disproportionate period and validated the Czech legislation.
Coverage Horizontal
Sources
- https://www.mpo.cz/en/e-communications-and-postal-services/electronic-communications/national-legislation-and-regulations/electronic-communications-act--147108/
- http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:105:0054:0063:EN:PDF
- https://curia.europa.eu/jcms/upload/docs/application/pdf/2014-04/cp140054en.pdf
- https://www.usoud.cz/en/decisions/2011-03-22-pl-us-24-10-data-retention-in-telecommunications-services
- https://privacyinternational.org/sites/default/files/2017-12/Data%20Retention_2017.pdf
- https://www.dataguidance.com/notes/czech-republic-data-protection-overview
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