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TAIWAN

Since June 2019, last amended in June 2023

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Telecommunications Management Act (電信管理法)
Art. 34 of the Telecommunications Management Act obliges operators with significant market power to implement accounting separation across their various service lines. However, the Act does not impose a requirement for functional separation.
Coverage Telecommunications sector

TAIWAN

Since 2002

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Taiwan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

TAIWAN

Since November 2005, last amended in December 2024

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
The National Communications Commission Organization Act (國家通訊傳播委員會組織法)
The National Communications Commission (NCC), the executive authority responsible for the supervision and administration of telecommunications services, operates independently of the government in its decision-making processes. In accordance with Art. 8 of the National Communications Commission Organization Act, the NCC is required to exercise its functions autonomously and in conformity with the law. Under Art. 9, all matters that fall within the NCC’s remit, except those that Commission meeting resolutions have delegated to internal units through the administrative hierarchy, must be carried out on the basis of resolutions adopted at Commission meetings.
Coverage Telecommunications sector
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"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 = 'TW')\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"}]

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

TAIWAN

Since March 1997
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)
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

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

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.
Coverage Chinese-made ICT goods, TikTok, and DeepSeek

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

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)
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

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.
Coverage Satellite broadcasting

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 April 2002, as amended in May 2017
Since November 2018

Pillar Online sales and transactions  |  Indicator Licensing scheme for e-commerce providers
Direct Sales and Direct Marketing Act, 2002 (ขายตรงและตลาดแบบตรงพ.ศ. 2545)

Ministerial Regulation for Product and Service Purchase on Electronic Commerce Platform, Considered not being direct Marketing B.E. 2561 (กฎกระทรวงกำหนดการซื้อขายสินค้าหรือบริการโดยวิธีการพาณิชย์อิเล็กทรอนิกส์ที่ไม่ถือว่าเป็นตลาดแบบตรง พ.ศ. 2561)
The Direct Sales and Direct Marketing Act requires businesses that engage in direct sales/marketing to register with the Office of the Consumer Protection Board (OCPB). The definition of "direct marketing" has been amended to include e-commerce transactions. Business operators who fail to register as required will be punishable by a fine, imprisonment, or both.
In accordance with the provisions of the Act, the criteria for registering in the field of direct selling involve the following conditions: (i) the business entity must be structured as a partnership with a minimum registered capital of 500,000 Thai Baht (approx. USD 16,000), or alternatively, it can be a limited company or a public limited company with a minimum registered and paid-up capital of 1,000,000 Thai Baht (approx. USD 32,000); (ii) it is mandatory for direct selling operators to share joint and several liability with consumers who make purchases of goods or services through their independent distributors.
The conditions for registering and marking in the field of direct selling encompass the following: (i) applicants are obligated to furnish a guarantee to the registrar in an amount specified by the Ministerial Regulation, along with the preparation of a purchase and sale document in the Thai language; (ii) applicants must not have had their registration revoked in the five years leading up to the application submission, and the individual responsible for the operations must also not have faced a revocation during that period.
In addition, the Ministerial Regulation 2018 provides a list of activities which are not considered direct marketing, which include (i) a natural person who has not registered as a direct marketing operator and earns no more than 1,800,000 Thai Baht (approx. USD 50,000) per year from selling products or services through an electronic commerce platform; (ii) a small and medium-sized enterprise that legally registers in accordance with Small and Medium Enterprises Promotion Law; (iii) a community enterprise and their networks which legally register in accordance with the Community Enterprise Promotion Law; (iv) the cooperatives and the group of farmers who legally register in accordance with the Cooperatives Law.
Coverage E-commerce sector
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