CYPRUS
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
Cyprus has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CYPRUS
Since March 2010, entry into force in May 2010, last amended in 2018
Since 1998, entered into force in January 1998, last amended in 2021
Since 1998, entered into force in January 1998, last amended in 2021
Pillar Quantitative trade restrictions for ICT goods, products and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive)
Law on Radio and Television Organizations of 1998 7(I)/ 1998
Law on Radio and Television Organizations of 1998 7(I)/ 1998
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 through facilitating access to such works using any appropriate means to ensure prominence of European works.
Art. 31Α of Law 7(I)/1998 incorporates this provision by obliging audiovisual services providers to retain at least 30% of their catalogues for european works and to display them prominently.
Art. 31Α of Law 7(I)/1998 incorporates this provision by obliging audiovisual services providers to retain at least 30% of their catalogues for european works and to display them prominently.
Coverage Audiovisual Media Services
CYPRUS
N/A
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Cyprus 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 Horizontal
CYPRUS
Since July 2020
Since April 2004, last amended in July 2007
Since April 2004, last amended in July 2007
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
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 E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal
CYPRUS
Since July 2020
Since April 2004, last amended in July 2007
Since April 2004, last amended in July 2007
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
Electronic Commerce Law (156(I)/2004) (Νόμος περί Ηλεκτρονικού Εμπορίου (156(I)/2004)
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 E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
The E-Commerce Law of 2004 and its amendment of 2007 transpose the E-Commerce Directive into Cypriot law. The Law aims to promote the free movement of information society services between the Republic of Cyprus and EU/EEA members, with particular emphasis on the establishment of a clear framework for the liability of intermediaries.
Coverage Horizontal
CYPRUS
Since 2007, entered into force in December 2007, last amended in 2008
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Law 183(I)/2007 Law on Retention of Telecommunication Data for the Investigation of Serious Criminal Offenses
Under the 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.
Cyprus's law implementing the Directive is still in place. Specifically, according to Section 13 of Law 183(I)/2007, telecommunications services providers are obliged to retain data for a period of at least six months.
Cyprus's law implementing the Directive is still in place. Specifically, according to Section 13 of Law 183(I)/2007, telecommunications services providers are obliged to retain data for a period of at least six months.
Coverage Telecommunications sector
CYPRUS
Since 1961
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of independent telecom authority
It is reported that the Cyprus Inland Telecommunications Authority (CYTA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
CYPRUS
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Cyprus does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, obligated companies (i.e. companies that have been designated as such by a decision of the Commissioner for a relevant market) must prepare and make available to the Commissioner their separate accounts of revenues and costs of supply of goods and/or services.
Coverage Telecommunications sector
CYPRUS
Reported in 2020
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The Cypriot State owns the majority of shares of the Cypriot Telecommunications Authority (CyTA), which is the incumbent telecom operator.
Coverage Telecommunications sector
CYPRUS
Since May 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Directive 2014/61/EU on measures to reduce the cost of deploying high-speed electronic communications networks
It is reported that passive sharing is mandated and is effective in both the mobile (based on commercial agreements) and fixed sectors. In addition, Directive 2014/61/EU (Art. 3.2) establishes that Member States shall ensure that, upon written request of an undertaking providing or authorised to provide public communications networks, any network operator has the obligation to meet all reasonable requests for access to its physical infrastructure under fair and reasonable terms and conditions, including price, with a view to deploying elements of high-speed electronic communications networks. Such written request shall specify the elements of the project for which the access is requested, including a specific time frame.
Coverage Telecommunications sector
CYPRUS
Since June 2016
Since November 2020
Since November 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets)
Law No. 164(I)/2020 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure
Law No. 164(I)/2020 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure
The Directive 2016/943 on the protection of undisclosed know-how and business information (trade secrets) is key in harmonising national laws concerning trade secrets. Cyprus transposed the Directive through a series of amendments to existing legislation in 2020.
Coverage Horizontal
CYPRUS
Since December 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Cyprus has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CYPRUS
Reported in 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
The rate of unlicensed software installation in the country was reportedly 44% in 2017 (above the 26% rate of Western European countries), for an estimated commercial value of unlicensed software of USD 14 million.
Coverage Horizontal
CYPRUS
Since November 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Cyprus has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CYPRUS
Since March 2002
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Cyprus is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal