TAIWAN
Reported in 2022, last reported in 2025
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Chunghwa Telecom, the largest network operator in Taiwan, was originally a fully state-owned enterprise but was partially privatised in 2005, reducing the level of government's ownership. As of 2024, the government reportedly holds a 41% stake in the company. In addition, the government owns approximately 4.4% of the shares of Far Eastone Telecommunications Co., through state-linked entities, including Chunghwa Post Co. (2.9%) and the Labor Pension Fund (1.5%).
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S448R1.pdf&Open=True
- https://web.archive.org/web/20260331213435/https://www.cht.com.tw/en/home/cht/investors/shareholder-services/shareholder
- https://corporate.fetnet.net/content/corp/en/InvestorRelations/AnnualReport.html
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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
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=47896,43022&CurrentCatalogueIdIndex=1&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord...
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
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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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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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 1956, as amended in March 2006
Since November 2010
Since November 2010
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Commercial Registration Act, 1956 (พระราชบัญญัติ ทะเบียน พาณิชย์ พ.ศ. 2499)
Notification of the Ministry of Commerce regarding Requirements for the Business Operators to Register their Businesses (No. 11), 2010 (ประกาศกระทรวงพาณิชย์ เรื่อง ให้ผู้ประกอบพาณิชยกิจต้องจดทะเบียนพาณิชย์ (ฉบับที่ 11) พ.ศ. 2553)
Notification of the Ministry of Commerce regarding Requirements for the Business Operators to Register their Businesses (No. 11), 2010 (ประกาศกระทรวงพาณิชย์ เรื่อง ให้ผู้ประกอบพาณิชยกิจต้องจดทะเบียนพาณิชย์ (ฉบับที่ 11) พ.ศ. 2553)
According to Clause 5 of the Ministry of Commerce's Notification (No. 11) 2010, a website that includes the transaction of goods and services must register the 'E-Commercial Registration' under the Commercial Registration Act 1956 (amended by the Commercial Registration Act (No. 2) in 2006). Therefore, the electronic businesses operating in the internet system, service providers, web hosting, e-marketplace, or platform (for example, Lazada, Shopee, etc.) are required to register with the Department of Business Development (DBD). In addition, the DBD registration is valid for five years. Also, ordinary persons and juristic persons engaged in e-commerce businesses without commercial registration are considered to be in violation and shall be subject to a fine penalty as stipulated. Furthermore, foreign companies are required to submit additional documents for registration, including a copy of the company registration, an appointment of operation in Thailand, work permits, and a foreign business license or document certificate (if any).
Coverage E-commerce sector
