Database
						Establishment restrictions
						
							
													
								
												
						
							
					
									PERU
				
					Since 2013				
								
							
								Chapter Intellectual Property Rights								 | 
								Sub-chapter Copyright							
							
								Copyright inadequately enforced							
							
								The International Intellectual Property Alliance (IIPA) estimated in February 2010 that the piracy level in Peru for recorded music stands at 98%, with trade losses estimated at USD 57.2 million annually. The Business Software Alliance (BSA) estimates that software piracy levels resulted in a loss of USD 209 million in 2011, while the prevalence of software piracy decreased from 68% in 2010 to 67% in 2011.							
															
									Coverage Horizontal								
							
							
							
								
													
						Establishment restrictions
						
							
													
								
												
						
							
					
									PERU
				
					Since 1996				
								
							
								Chapter Intellectual Property Rights								 | 
								Sub-chapter Copyright							
							
								Copyright Law							
							
								The Copyright Law sets a list of limitations, but it does not provide a clear notion of fair use/fair dealing (Legislative Decree No. 822).							
															
									Coverage Horizontal								
							
							
							
								
													
						Establishment restrictions
						
							
													
								
												
						
							
					
									PERU
				
					Reported in 2013				
								
							
								Chapter Intellectual Property Rights								 | 
								Sub-chapter Patents							
							
								Fast-track procedure for nationals							
							
								In an effort to facilitate the filing of more domestic patents, the Peruvian National Institute for the Defense of Competition and Intellectual Property Protection (INDECOPI) has announced a new program called ‘Patente Rapida’ ("Speedy Patent"). The service gives national applicants the opportunity to obtain a patent faster than the current time and aims at encouraging national investment. However, the measure might result in a discrimination against foreigners.							
															
									Coverage Horizontal								
							
							
							
								
													
						Fiscal Restrictions
						
							
													
								
												
						
							
					
									PERU
				
					Reported in 2015				
								
							
								Chapter Public Procurement								 | 
								Sub-chapter Preferential purchase schemes covering digital products and services							
							
								WTO Agreement on Government Procurement							
							
								Peru is not a signatory to the WTO Agreement on Government Procurement.							
															
									Coverage Horizontal								
							
							
							
								
									Source
									
													- USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
						Fiscal Restrictions
						
							
													
								
												
						
							
					
									PERU
				
					Reported in 2015				
								
							
								Chapter Public Procurement								 | 
								Sub-chapter Preferential purchase schemes covering digital products and services							
							
								Limitations on foreign participation							
							
								Some companies have commented that Peru’s arduous bureaucratic requirements makes it challenging for them to successfully participate in government tenders.							
															
									Coverage Horizontal								
							
							
							
								
									Source
									
													- USTR, 2015 National Trade Estimate Report on Foreign Trade Barriers: https://ustr.gov/sites/default/files/2015%20NTE%20Combined.pdf
						Fiscal Restrictions
						
							
													
								
												
						
							
					
									PERU
				
					Reported in 2017				
								
							
								Chapter Taxation & Subsidies								 | 
								Sub-chapter Discriminatory tax regime on online services							
							
								Tax on foreign digital services							
							
								In the case of Peruvian-sourced income obtained by non-domiciled entities, the income tax withholding rate must be applied by Peruvian companies depending on the type of income. This includes a 30% rate for digital services used in Peru.							
															
									Coverage Digital services								
							
							
							
								
													
						Fiscal Restrictions
						
							
													
								
												
						
							
					
									PERU
				
					Reported in 2013				
								
							
								Chapter Taxation & Subsidies								 | 
								Sub-chapter Discriminatory tax regime on digital goods and products							
							
								Copyright Law							
							
								Peru's Copyright Law allows private copying or reprography, but copyright levies need to be paid on blank media and electronic devices. Examples for such copyright levies are: 
- MP3-Player: 10% of the price.
- MP4-Player: 10% of the price.
- Mobile phones: 3% of the price.
- Internal hard drive: 3% of the price.
- External hard drive: 3% of the price.
- USB devices: 3% of the price.
- Expandable memory for mobile devices: 3% of the price.
For other devices a fixed amount is levied, for example:
- CD/CD-RW and minidisc: USD 0.04.
- DVD: USD 0.08.
- Audiotapes: USD 0.04.
- Videotapes: USD 0.08.
															- MP3-Player: 10% of the price.
- MP4-Player: 10% of the price.
- Mobile phones: 3% of the price.
- Internal hard drive: 3% of the price.
- External hard drive: 3% of the price.
- USB devices: 3% of the price.
- Expandable memory for mobile devices: 3% of the price.
For other devices a fixed amount is levied, for example:
- CD/CD-RW and minidisc: USD 0.04.
- DVD: USD 0.08.
- Audiotapes: USD 0.04.
- Videotapes: USD 0.08.
									Coverage Blank media and electronic devices								
							
							
							
								
													
												Fiscal Restrictions
						
							
						
							
						
						
							
								
									
								
									
								
							
							
						
					
									PERU
								ITA signatory? 
																	 I 
																	 II
															
						
								Chapter Tariffs and Trade Defence								 | 
								Sub-chapter Applied tariffs on digital goods							
							Average MFN rate
									
										
										0.55%
									
									Weighted average MFN rate
									
										
										0.82%
									
								Maximum tariff rate
									
										
										6%
									
									Coverage rate of zero-tariffs
									
										
										90.98%
									
								Coverage: Digital goods
									
										Sources
										
														- WITS/TRAINS tariff data for 2014
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
						Trading restrictions
						
							
													
								
												
						
							
					
									AUSTRALIA
				
					Since 2012				
								
							
								Chapter Online sales and transactions								 | 
								Sub-chapter Domain name (DNS) registration requirements							
							
								Guidelines on the Interpretation of Policy Rules for Open 2LDs							
							
								In Australia, it is not possible to register directly under .au domain, and therefore it is required a registration under the open second level domains such as .com.au or .org.au.  
A company that wants to register for the second level domain needs to be a registered Australian company or a foreign company licensed to trade in Australia. For certain second level domais such as id.au, the registrants must be an Australian citizen or resident.
															A company that wants to register for the second level domain needs to be a registered Australian company or a foreign company licensed to trade in Australia. For certain second level domais such as id.au, the registrants must be an Australian citizen or resident.
									Coverage Horizontal								
							
							
							
								
													
						Trading restrictions
						
							
													
								
												
						
							
					
									AUSTRALIA
				
					Since 2009				
								
							
								Chapter Quantitative Trade Restrictions								 | 
								Sub-chapter Local Content Requeriments for commercial market							
							
								Australian Industry Participation (AIP) Program							
							
								In October 2011, the Government extended the requirements for the Australian Industry Participation (AIP) Plans to cover not only public but also private procurement. The AIP Plans require tenderers to specify their use of Australian suppliers. 
In detail, the extension of the requirements applies (i) to companies in receipt of federal grants of AUD 20 million (approx. 17.4 million USD) or more and (ii) for grants of AUD 20 million or more to the States and Territories where they do not apply own industry participation plans. Projects greater than AUD 2 billion (approx. 1.38 billion USD) which are eligible for a special tariff concession scheme (see below: Enhanced Project By-law Scheme) were also required to publicly list additional information on opportunities they made available to the Australian industry. In February 2013 the requirements for AIP Plans were further extended to all major projects with a capital expenditure of AUD 500 million (approx. 344 million USD) or more.
															In detail, the extension of the requirements applies (i) to companies in receipt of federal grants of AUD 20 million (approx. 17.4 million USD) or more and (ii) for grants of AUD 20 million or more to the States and Territories where they do not apply own industry participation plans. Projects greater than AUD 2 billion (approx. 1.38 billion USD) which are eligible for a special tariff concession scheme (see below: Enhanced Project By-law Scheme) were also required to publicly list additional information on opportunities they made available to the Australian industry. In February 2013 the requirements for AIP Plans were further extended to all major projects with a capital expenditure of AUD 500 million (approx. 344 million USD) or more.
									Coverage Horizontal								
							
							
							
								
									Sources
									
													- European Commission, DG Trade, 11th Report on Potentially Trade-Restrictive Measures Identified in the Context of the Financial and Economic Crisis, 1 June 2013 – 30 June 2014: http://trade.ec.europa.eu/doclib/docs/2014/november/tradoc_152872.pdf
- http://www.globaltradealert.org/state-act/1342
- http://www.globaltradealert.org/state-act/2939
						Restrictions on data
						
							
													
								
												
						
							
					
									AUSTRALIA
				
					Since June 2015				
								
							
								Chapter Content access								 | 
								Sub-chapter Censorship and filtering of web content							
							
								Copyright Amendment (online infringement) Bill 2015							
							
								The Copyright Amendment (online infringement) Bill 2015 was passed in the Australian Senate in June 2015 and became effective that same month. The Bill allows copyright holders to apply to the Federal Court of Australia for an injunction requiring Australian Internet Service Providers to block local access to overseas websites deemed to be facilitating piracy.							
															
									Coverage Copyright infringement								
							
							
							
								
													
						Restrictions on data
						
							
													
								
												
						
							
					
									AUSTRALIA
				
					Since May 2015				
								
							
								Chapter Data policies								 | 
								Sub-chapter Other							
							
								Wide interpretation of personal information							
							
								In May 2015, the Australian Privacy Commissioner clarified that 'metadata' may also be personal information where an organisation has the capacity and resources to link that information to an individual. This determination poses high costs on companies as they have to grant access to individuals to such data.							
															
									Coverage Horizontal								
							
							
							
								
													
						Restrictions on data
						
							
													
								
												
						
							
					
									AUSTRALIA
				
					Since 1989				
								
							
								Chapter Data policies								 | 
								Sub-chapter Sanctions for non-compliance							
							
								Federal Privacy Act 1988							
							
								The Office of the Australian Information Commissioner (OAIC) can make a determination that includes, for example, a declaration that the complainant is entitled to a specified amount by way of compensation or can apply to the federal court or federal circuit court for an order that the organisation has breached a civil penalty provision. In such cases, a fine of up to A$340,000 for individuals or A$1.7 million (around 1.2 million USD) for corporations can be imposed for a serious breach or repeated breaches of the the Australian Privacy Principles Guidelines.							
															
									Coverage Horizontal								
							
							
							
								
													
						Restrictions on data
						
							
													
								
												
						
							
					
									AUSTRALIA
				
					Reported in April 2018				
								
							
								Chapter Data policies								 | 
								Sub-chapter Administrative requirements on data privacy							
							
								Proposal for legislation on encryption							
							
								Australia's Prime Minister has put forward a plan to compel technology companies to provide access to users' encrypted messages, citing national security concerns. The law in question would mandate the creation of "back doors" into encrypted communication services. 
In April 2018, it was reported that the legislation was in "advanced stages" of drafting.
															In April 2018, it was reported that the legislation was in "advanced stages" of drafting.
									Coverage Horizontal								
							
							
							
								
													
						Restrictions on data
						
							
													
								
												
						
							
					
				
		AUSTRALIA
				
					Since October 2015				
								
							
								Chapter Data policies								 | 
								Sub-chapter Personal rights to data privacy							
							
								Case 2015 SASC 170 'Duffy vs Google Inc'							
							
								An Australian court has agreed that Google can be held liable for the content on its platform. According to the Court, Google should be considered the "publisher" of the content when it  'hosts' defamatory material. This case set a legal precedent for the right to be forgotten regime in Australia.							
															
									Coverage Horizontal								
							
							
							
								
													