TAIWAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Taiwan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
TAIWAN
Since January 1996, last amended in January 2020
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Trade Secrets Act (營業秘密法)
The Trade Secrets Act provides a framework for effective protection of trade secrets. According to Art. 1, trade secrets include any method, technology, process, formula, program, design, or other information that may be applied in the course of production, sales, or business operations. The information shall be protected only if commercially valuable because of its secrecy and reasonable confidentiality measures have been taken to keep it secret. In addition, according to Art. 15, the protection of trade secrets of foreign nationals is based on the principle of reciprocity. In principle, if a foreign national's home country does not deny protection to the trade secrets of Taiwan nationals, and the foreign national's trade secrets meet the requirements of Taiwan's Trade Secret Act, the foreign national will enjoy the protection of such trade secrets under Taiwan's Trade Secret Act.
Coverage Horizontal
TAIWAN
Since June 2019, last amended in June 2023
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Management Act (電信管理法)
Pursuant to Art. 31 of the Telecommunications Management Act entities holding a dominant position in the market are required to share their telecommunications infrastructure with other service providers. In accordance with the definition provided in Art. 3.4, this obligation also applies to passive infrastructure.
Coverage Telecommunications sector
TAIWAN
Since May 1998, last amended in May 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Government Procurement Act (政府採購法)
Art. 43 of the of the Government Procurement Act allows procuring entities to include in tender evaluations suppliers’ commitments to support domestic economic objectives, including local production, technology transfer, inward investment, or export promotion, provided these commitments do not exceed one third of the total evaluation weight. Art. 44 permits entities to award contracts preferentially to local suppliers who supply goods with at least 50% local value added or deliver services locally, even when a foreign supplier offers the lowest bid, so long as the awarded price does not exceed that bid by more than 3%, and the preference is justified by employment or industrial development policies and limited to a five-year period. These provisions apply only to procurements that are not subject to international treaties or agreements to which Taiwan is a party, such as the World Trade Organization Government Procurement Agreement.
Coverage Horizontal
TAIWAN
Since May 1998, last amended in May 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Government Procurement Act (政府採購法)
According to Art. 97 of the Government Procurement Act, procuring entities may adopt measures aligned with relevant laws and regulations to support SMEs by ensuring that a minimum percentage of government procurement value is contracted or subcontracted to them. To facilitate this, a non-binding yearly target percentage (YTP) has been set, currently at 45%. For procurements meeting the threshold for publication, entities may specify that tenderers must be SMEs or encourage the winning bidder to subcontract portions of the contract to SMEs.
Coverage Horizontal
TAIWAN
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 coverage of CPC 754 in the WTO Government Procurement Agreement (GPA)
Although Taiwan is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications-related services" (CPC 754) and only partially cover "telecommunication services" (CPC 752) and "computer and related services" (CPC 84), which are important service sectors for digital trade.
Coverage Telecommunications related services
TAIWAN
Since June 2019, last amended in June 2023
Since October 1958, last amended in December 2013
Since October 1958, last amended in December 2013
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Telecommunications Management Act (電信管理法)
Telecommunications Act (電信法)
Telecommunications Act (電信法)
According to Art. 36 of the Telecommunications Management Act, direct foreign ownership of telecommunications services can be up to 49%, and total foreign ownership, whether direct or indirect, may not exceed 60%. These restrictions apply to entities that establish public telecommunications networks using telecommunications resources. The Telecommunications Management Act replaced the Telecommunications Act, which provided for a similar requirement for single Type I telecommunications operator (a facilities-based operator) (Art. 12). When the subordinate legislation under the Telecommunications Act will be fully repealed, the National Communications Commission will proceed with the formal repeal of the Act itself.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250712172439/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060111
- https://web.archive.org/web/20250712181819/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=K0060001
- https://web.archive.org/web/20250712182444/https://freedomhouse.org/country/taiwan/freedom-net/2024
- https://web.archive.org/web/20231003071428/https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/taiwan
- https://web.archive.org/web/20250712182357/https://www.elitelaw.com/wp-content/uploads/2019/12/The-Technology-Media-and-Telecommunications-Review-Third-Edition-2012-Published-by-Law-Business-Research-...
- https://www.ncc.gov.tw/chinese/news_detail.aspx?site_content_sn=8&is_history=0&pages=0&sn_f=51020
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TAIWAN
Since February 1999, last amended in May 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Satellite Broadcasting Act (衛星廣播電視法)
Art. 4 of the Satellite Broadcasting Act states that foreigners may not own more than 50% of the total shares issued by providers of satellite broadcasting services. Key definitions relevant to this provision are outlined in Art. 2 as follows:
- Satellite broadcasting: refers to the transmission of sound or visual signals, via satellite, for audio and visual reception by the public;
- Satellite broadcasting business: refers to a direct satellite broadcasting service operator or a satellite broadcasting program supplier;
- Direct satellite broadcasting service operator: refers to a business which uses its own or others' facilities to provide satellite broadcasting services and directly charge subscribers for the service;
- Satellite broadcasting program supplier: refers to a legal entity which transmits programs or advertisements, via satellite, to public audio and visual broadcasting platform with its own transponders or channels or those rented from satellite transponder operators.
- Satellite broadcasting: refers to the transmission of sound or visual signals, via satellite, for audio and visual reception by the public;
- Satellite broadcasting business: refers to a direct satellite broadcasting service operator or a satellite broadcasting program supplier;
- Direct satellite broadcasting service operator: refers to a business which uses its own or others' facilities to provide satellite broadcasting services and directly charge subscribers for the service;
- Satellite broadcasting program supplier: refers to a legal entity which transmits programs or advertisements, via satellite, to public audio and visual broadcasting platform with its own transponders or channels or those rented from satellite transponder operators.
Coverage Satellite broadcasting
Sources
- https://web.archive.org/web/20221114123731/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=P0050013
- https://ustr.gov/sites/default/files/files/Press/Reports/2025NTE.pdf
- https://web.archive.org/web/20231003071428/https://iclg.com/practice-areas/telecoms-media-and-internet-laws-and-regulations/taiwan
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TAIWAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.39%
Coverage rate of zero-tariffs on ICT goods (%)
54.79%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
TAIWAN
Since March 1997
Since December 2015
Since December 2015
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Taiwan is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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TAIWAN
Since May 1999, last amended in August 2012
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Regulations Governing the Participation of Foreign Suppliers in the Procurement not Subject to any Treaties or Agreements (外國廠商參與非條約協定採購處理辦法)
Art. 5 of the "Regulations Governing the Participation of Foreign Suppliers in the Procurement Not Subject to Any Treaties or Agreements" provides that, when a procurement project not subject to any treaty or agreement, the procuring agency may, based on actual needs, decide whether foreign suppliers are allowed to participate. Art. 2 further provides that, in procurements subject to a treaty or agreement, the procuring agency may decide whether to allow suppliers from countries not party to such treaty or agreement to participate.
Coverage Horizontal
Sources
- https://web.archive.org/web/20201027000320/https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=A0030072
- https://web.archive.org/web/20250721223506/https://tw.leetsai.com.cn/ltp-special-column/handling-principles-followed-by-various-agencies-in-taiwan-when-they-consider-if-foreign-suppliers-are-to-be-all...
TAIWAN
Reported in 2023, last reported in 2025
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Ban on Chinese-made ICT goods, TikTok and DeepSeek
Since 2022, Taiwan has enforced a ban on the use of Chinese-made electronics across central and local government agencies, public schools, state-owned enterprises, and contractors operating within official networks. This measure is grounded in the Executive Yuan’s directive titled "Principles on Restricting the Use of Products That Endanger National Cyber Security," originally issued in April 2019 and revised in November 2022. Although the directive does not explicitly mention China or specific companies such as Huawei, TP-Link, DJI, or Hikvision, it provides a regulatory basis for excluding ICT products deemed to pose cybersecurity risks.
Additionally, in December 2022, Taiwan’s Ministry of Digital Affairs (MODA) banned TikTok, Douyin (its Chinese counterpart), and Xiaohongshu from all public sector communication devices, including mobile phones, tablets, and desktop computers. These applications were classified as “harmful products against national information security” due to concerns over potential data access by the Chinese government and the risk of foreign influence operations. The ban was prompted by warnings from U.S. agencies, including the FBI, regarding the risks associated with TikTok’s data practices and algorithm. Although the measure currently applies only to government-issued devices, MODA is reportedly assessing the possibility of extending the restriction to the private sector.
On 31 January 2025, the Ministry of Digital Affairs imposed restrictions preventing government agencies and critical infrastructure operators from utilising DeepSeek’s products.
Additionally, in December 2022, Taiwan’s Ministry of Digital Affairs (MODA) banned TikTok, Douyin (its Chinese counterpart), and Xiaohongshu from all public sector communication devices, including mobile phones, tablets, and desktop computers. These applications were classified as “harmful products against national information security” due to concerns over potential data access by the Chinese government and the risk of foreign influence operations. The ban was prompted by warnings from U.S. agencies, including the FBI, regarding the risks associated with TikTok’s data practices and algorithm. Although the measure currently applies only to government-issued devices, MODA is reportedly assessing the possibility of extending the restriction to the private sector.
On 31 January 2025, the Ministry of Digital Affairs imposed restrictions preventing government agencies and critical infrastructure operators from utilising DeepSeek’s products.
Coverage Chinese-made ICT goods, TikTok, and DeepSeek
Sources
- https://law.moda.gov.tw/LawContent.aspx?id=FL091047
- https://www.taipeitimes.com/News/taiwan/archives/2022/10/25/2003787690
- https://ocacnews.net/article/322942
- https://www.taiwannews.com.tw/news/4741706
- https://www.context.news/big-tech/us-tiktok-ban-which-other-countries-have-banned-the-app
- https://time.com/6971009/tiktok-banned-restrictions-worldwide-countries-united-states-law/
- https://web.archive.org/web/20260331130239/https://moda.gov.tw/en/press/press-releases/15104
- https://web.archive.org/web/20260331130436/https://digitalpolicyalert.org/event/26543-ministry-of-digital-affairs-adopted-order-blocking-use-of-deepseek-products-in-government-agencies-and-critical-infrastructure
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THAILAND
Since 2019
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Thailand 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
THAILAND
Since 2001
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
UNCITRAL Model Law on Electronic Signatures
Thailand has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
THAILAND
Since January 1955, last amended in March 1992
Since May 2011
Since May 2011
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Radio Communication Act (No. 3), 1992 (พรบ. วิทยุคมนาคม (ฉบับที่ 3) พ.ศ. 2535)
Notification of the National Broadcasting and Telecommunications Commission regarding the Exportation of Radio Communication Equipment, 2011 (ประกาศคณะกรรมการกิจการกระจายเสียง กิจการโทรทัศน์ และกิจการโทรคมนาคมแห่งชาติ เรื่อง การค้าเครื่องวิทยุคมนาคม)
Notification of the National Broadcasting and Telecommunications Commission regarding the Exportation of Radio Communication Equipment, 2011 (ประกาศคณะกรรมการกิจการกระจายเสียง กิจการโทรทัศน์ และกิจการโทรคมนาคมแห่งชาติ เรื่อง การค้าเครื่องวิทยุคมนาคม)
According to Section 6 of the Radio Communication Act, any persons who wish to export radio communication devices or any ancillary devices into the Kingdom are required to obtain a license. The telecommunications devices required to obtain a license include a radio modem, base station, cellular repeater, antenna, FM transmitter, GPS Tracking, among others. According to Section 9, the import license is valid for 180 days after issuance, and those who violate the law shall be liable to a fine, imprisonment, or both. In addition, the Notification of the National Broadcasting and Telecommunications Commission (NBTC) on Export of Radio Communication Equipment 2011 includes the requirements that the exporters must follow, including fee payment and document preparation.
Coverage Radiocommunication and telecommunications equipment
Sources
- https://www.mdes.go.th/law/detail/3601-%E0%B8%9E%E0%B8%A3%E0%B8%B0%E0%B8%A3%E0%B8%B2%E0%B8%8A%E0%B8%9A%E0%B8%B1%E0%B8%8D%E0%B8%8D%E0%B8%B1%E0%B8%95%E0%B8%B4%E0%B8%A7%E0%B8%B4%E0%B8%97%E0%B8%A2%E0%B8%B...
- https://web.archive.org/web/20201202102543/http://ccc.customs.go.th/data_files/16122109250740562714.pdf
