CYPRUS
Since May 2001
Since December 1976, last amended in 2020
Since December 1976, last amended in 2020
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Directive 2001/29/EC
Copyright and Related Rights Law - Law No. 59(I)/1976
Copyright and Related Rights Law - Law No. 59(I)/1976
There is no general principle for the use of copyright protected material comparable to the fair use/fair dealing principles. Directive 2001/29/EC defines an optional, but exhaustive set of limitations from the author´s exclusive rights under the control of the “three-step test” in line with the Berne Convention that establishes three cumulative conditions to the limitations and exceptions of a copyright holder’s rights. The Directive has been transposed by Member States with significant freedom.
Cypriot law allows reproduction for private use as an exception to copyright. On this basis, users may create a copy of a protected work which they have acquired lawfully, to be used privately and not for any direct or indirect commercial purpose. Cypriot law also allows the quotation of extracts.
Cypriot law allows reproduction for private use as an exception to copyright. On this basis, users may create a copy of a protected work which they have acquired lawfully, to be used privately and not for any direct or indirect commercial purpose. Cypriot law also allows the quotation of extracts.
Coverage Horizontal
CYPRUS
Since March 2019
Since October 2020
Since October 2020
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Regulation 2019/452 establishing a framework for the screening of foreign direct investments
Decision 90.013/2020 of the Council of Ministers
Decision 90.013/2020 of the Council of Ministers
Under the Regulation 2019/452, Member States may maintain their existing investments screening mechanisms (21 Member States currently do), adopt new ones or remain without such national mechanisms. The Commission keeps an up-to-date list of screening laws in the EU. Member States must notify the Commission who may issue an opinion when an investment threatens the security or public order of more than one Member State, or when an investment could undermine a strategic project or programme of interest to the whole EU, such as Horizon 2020 or Galileo. The final decision remains with the Member State.
In Cyprus, Decision 90.013 of the Council of Ministers approved the Fast-Track Business Activation Mechanism which implements an FDI screening for foreign companies. The sectors covered by the mechanism includes the sector of telecommunication services since a regulatory and licensing regime applies according to local legislation.
In Cyprus, Decision 90.013 of the Council of Ministers approved the Fast-Track Business Activation Mechanism which implements an FDI screening for foreign companies. The sectors covered by the mechanism includes the sector of telecommunication services since a regulatory and licensing regime applies according to local legislation.
Coverage Horizontal
Sources
- https://assets.ey.com/content/dam/ey-sites/ey-com/en_gl/topics/tax/tax-pdfs/ey-global-foreign-direct-investment-screening-guide-april.pdf?download
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://policy.trade.ec.europa.eu/enforcement-and-protection/investment-screening_en
- https://circabc.europa.eu/rest/download/7e72cdb4-65d4-4eb1-910b-bed119c45d47
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CYPRUS
Since March 2004, last amended in February 2014
Since December 2016
Since December 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Utilities Directive (2014/25/EU)
2016 Law regulating the procedures for the conclusion of contracts by entities operating in the sectors of water, energy, transport and postal services and related matters (Ο περί της Ρύθμισης των Διαδικασιών Σύναψης Συμβάσεων Φορέων που Δραστηριοποιούνται στους Τομείς του Ύδατος, της Ενέργειας, των Μεταφορών και των Ταχυδρομικών Υπηρεσιών και για Συναφή Θέματα Νόμος του 2016)
2016 Law regulating the procedures for the conclusion of contracts by entities operating in the sectors of water, energy, transport and postal services and related matters (Ο περί της Ρύθμισης των Διαδικασιών Σύναψης Συμβάσεων Φορέων που Δραστηριοποιούνται στους Τομείς του Ύδατος, της Ενέργειας, των Μεταφορών και των Ταχυδρομικών Υπηρεσιών και για Συναφή Θέματα Νόμος του 2016)
Art. 85 of the Utilities Directive (2014/25/EU) contains provisions allowing contracting public entities to reject foreign goods not covered by any EU international commitments from its tender procedures. In these cases, a tender submitted for the award of a supply contract may be rejected where the proportion of the products originating in third countries exceeds 50% of the total value of the products constituting the tender (Art. 85.2). Additionally, in cases of equivalent offers, the provisions provide for a preference for European tenders and tenders covered by EU's international obligations. In practice, this possibility has rarely been used.
In Cyprus, the Directive has been transposed with the 2016 Law regulating the procedures for the conclusion of contracts by entities operating in the sectors of water, energy, transport and postal services and related matters.
In Cyprus, the Directive has been transposed with the 2016 Law regulating the procedures for the conclusion of contracts by entities operating in the sectors of water, energy, transport and postal services and related matters.
Coverage Any product sold to a utility provider including software used in telecommunication network equipment
CYPRUS
Since April 2016
Pillar Public procurement of ICT goods and online services |
Sub-pillar Other limitations on foreign participation in public procurement
Law 73(I)/2016 on the Regulation of the Procurement Procedures and Related Issues
Art. 22 of the Law 73(I)2016 states that Cypriot authorities are obliged to treat equally in public procurement only countries of the EU and countries that are part of the WTO Agreement on Public Procurement or other international agreements.
Coverage Horizontal
CROATIA
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
Croatia 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
CROATIA
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
Croatia 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
CROATIA
Since June 2014
Since March 2014, as amended in February 2019
Since March 2014, as amended in February 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Consumer Rights Directive 2011/83/EU
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
Consumer Protection Act NN 41/2014 (Zakon o zaštiti potrošača NN 41/2014)
The Consumer Rights Directive 2011/83/EU provides an updated framework aimed at encouraging online sales. The Directive has been implemented by the Consumer Protection Act NN 41/2014.
Coverage Horizontal
Sources
- https://e-justice.europa.eu/content_consumer_rights_directive_201183-639-en.do
- https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=&p_isn=101657&p_country=HRV&p_count=674&p_classification=01&p_classcount=133
- https://narodne-novine.nn.hr/clanci/sluzbeni/2019_02_14_279.html
- https://www.ilo.org/dyn/natlex/docs/ELECTRONIC/101657/122586/F1440522419/HRV-2014-L-101657.pdf
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CROATIA
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
Croatia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CROATIA
Since 2010, last amended 2017
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Domain Names Ordinance
To register a ".com.hr" domain name the registry asks that the company registering the domain name is established under Croatian law or that there is administrative contact has a local presence in Croatia (Article 15 of the Domain Names Ordinance). The latter with the exception of companies incorporated in a European Union Member State or an individual from a European Union Member State, which will be entitled to apply for croatian country code domain names.
Coverage Horizontal
Sources
CROATIA
Since March 2010, entry into force in May 2010, last amended in 2018
Since 2009, last amended in 2013
Since 2009, last amended in 2013
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)
Rulebook on the criteria and method to increase the scope of European work
Rulebook on the criteria and method to increase the scope of European work
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.
Rulebook on the criteria and method to increase the scope of European works pursuant to Article 42, paragraph 2 of the Croatian Electronic Media Act, which promotes some content produced in Croatian language and other European Union countries' language. The minimum established content is currently 20%. However, mentioned legislation, as implementing the Audiovisual Media Services Directive, aims at having, at least, a 30% of content produced in local and/or European Union languages.
Rulebook on the criteria and method to increase the scope of European works pursuant to Article 42, paragraph 2 of the Croatian Electronic Media Act, which promotes some content produced in Croatian language and other European Union countries' language. The minimum established content is currently 20%. However, mentioned legislation, as implementing the Audiovisual Media Services Directive, aims at having, at least, a 30% of content produced in local and/or European Union languages.
Coverage On-demand audiovisual service
CROATIA
Since July 2000
Since 2003, last amended in 2014
Since 2003, last amended in 2014
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce
Act on Electronic Commerce
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.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce, as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce, as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://books.google.es/books?id=vjUqDwAAQBAJ&pg=PA245&lpg=PA245&dq=safe+harbour+copyright+croatia&source=bl&ots=HFnJh8-iBF&sig=ACfU3U0k0gaDEs4m9jfw6BIdJyAJanSsxg&hl=es&sa=X&ved=2ahUKEwil-ci_h8T2AhVOx...
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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CROATIA
Since July 2000
Since 2003, last amended in 2014
Since 2003, last amended in 2014
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Directive 2000/31/EC (E-Commerce Directive)
Act on Electronic Commerce
Act on Electronic Commerce
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.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce, as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
In Croatia, safe harbours are mainly defined in the Act on Electronic Commerce, as implementing Directive 2000/31/EC, therefore covering activities of mere conduit, intermediary storage and hosting. Those aspects are provided in Arts. 16-18 of the Act on Electronic Commerce. In addition, Art. 19 contains an exemption for hyperlinks made available by the service provider.
Coverage Horizontal
Sources
- https://eur-lex.europa.eu/legal-content/EN/NIM/?uri=CELEX:32000L0031
- https://books.google.es/books?id=vjUqDwAAQBAJ&pg=PA245&lpg=PA245&dq=safe+harbour+copyright+croatia&source=bl&ots=HFnJh8-iBF&sig=ACfU3U0k0gaDEs4m9jfw6BIdJyAJanSsxg&hl=es&sa=X&ved=2ahUKEwil-ci_h8T2AhVOx...
- https://eur-lex.europa.eu/legal-content/en/ALL/?uri=CELEX%3A32000L0031
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CROATIA
Since 2008
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the Croatian Regulatory Authority for Network Industries (HAKOM), 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
CROATIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Croatia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
CROATIA
N/A
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 telecom sector
The Croatian government owns 2.9% of the shares of Hrvatski Telekom. It is reported that in December 2015, following the public auction, CERP sold 500,000 of its shares in the Company (0.6% of HT d.d. share capital) via Zagreb Stock Exchange trading system. Following this sale of shares CERP reduced its holding from 3.5% to 2.9%.
Coverage Telecommunications sector