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Fiscal Restrictions

ISRAEL

Since 1975

Chapter Taxation & Subsidies  |  Sub-chapter Discriminatory tax regime on online services
Value Added Tax (VAT) Law (1975)
A person who is a “foreign resident” and carries out business activities in Israel is liable to VAT in Israel. He/she must, within 30 days from the beginning of the business or activity, appoint a representative whose permanent place of residence is in Israel and must submit to the Tax Authority the representative’s written consent.
Coverage Horizontal
Fiscal Restrictions

ISRAEL

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
1.82%
Weighted average MFN rate
0.9%
Maximum tariff rate
12%
Coverage rate of zero-tariffs
69.17%

Coverage: Digital goods

Trading restrictions

ICELAND

Since 2011

Chapter Online sales and transactions  |  Sub-chapter Online sales
Monopoly for online lotteries
There is a monopoly on cash gaming in Iceland. Only one Icelandic company (Getspa) is permitted to offer online lotteries, but Icelandic citizens are allowed to play via foreign websites.
Coverage Online gambling
Trading restrictions

ICELAND

Reported in March 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
According to Iceland's de minimis rule, goods with a value of up to 10 SDR / 1500 Icelandic Krona/ 15 USD are exempted from taxes and duties collected by customs.
Coverage Horizontal
Trading restrictions

ICELAND


Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
UNCITRAL model law
Iceland has not adopted the UNCITRAL model law on e-commerce or e-signatures.
Coverage Horizontal
Restrictions on data

ICELAND

Since 2000

Chapter Intermediary liability  |  Sub-chapter Lack of safe harbor for intermediary liability
European e-Commerce Directive
Iceland has implemented the European e-Commerce Directive through the Electronic Commerce and other Electronic Services Act (30/2002). The Act includes a conditional safe harbor that applies a broad range of content and legal claims. It establishes precisely defined limitations on the liability of internet intermediaries providing services consisting of mere conduit, caching and hosting.
Coverage Internet intermediaries
Restrictions on data

ICELAND

Since May 2014

Chapter Data policies  |  Sub-chapter Personal rights to data privacy
C-131/12 - Google Spain SL and Google Inc. v Agencia Española de Protección de Datos (AEPD) and Mario Costeja González.
On the 13 of May 2014, the European Court of Justice ruled that individuals are entitled to seek the deletion of links on search engines about themself if the information is outdated or irrelevant, the so-called right to be forgotten. Although the court ruling only applies to the 28 European Member States, four other countries - Iceland, Liechtenstein, Norway and Switzerland - are de facto making use of it.
Coverage Search engines
Restrictions on data

ICELAND


Chapter Data policies  |  Sub-chapter Data retention
Telecommunication Act 81/2003 (as amended in April 2005)

Data Retention Directive 2006/24/EC

Judgment European Court of Justice in Joined Cases C-293/12 and C-594/12 Digital Rights Ireland and Seitlinger and Others
Under the Directive on Data Retention, operators were required to retain certain categories of traffic and location data (excluding the content of those communications) for a period between six months and two years and to make them available, on request, to law enforcement authorities for the purposes of investigating, detecting and prosecuting serious crime and terrorism. On 8 April 2014, the Court of Justice of the European Union declared the Directive invalid. However, not all national laws which implemented the Directive have been overturned.

Despite the invalidation of the Directive on Data Retention by the Court of Justice of the European Union on 8 April 2014, the Telecommunication Act still applies in Iceland.
Coverage Telecommunication sector
Establishment restrictions

ICELAND

Since 2002

Chapter Business mobility  |  Sub-chapter Quotas, Labour Market Tests, Limits of Stay
Foreign nationals right of work act No 97/2002 - Articles 6, 7 and 17
For intra-corporate transferees (ICT), contractual service suppliers (CSS) as well as independent service suppliers (ISS), there are labour market tests. The Ministry of Labour or the Directorate of Labour may wave labour market tests for intra-corporate transferees (ICT).
Coverage Horizontal
Source
  • OECD: Foreign nationals right of work act (Lög um atvinnuréttindi útlendinga no 97/2002 ) article 7, http://www.althingi.is/lagas/nuna/2002097.html
Establishment restrictions

ICELAND


Chapter Intellectual Property Rights  |  Sub-chapter Copyright
Icelandic Copyright Act
Chapter II of Icelandic Copyright Act deals with limitations on copyright, but it does not provide for a fair use/fair dealing exceptions.
Coverage Horizontal
Establishment restrictions

ICELAND

Since 1921 with several amendments

Chapter Investment  |  Sub-chapter Restrictions on board of directors and managers
Companies Act
In a public limited company and a private limited company, the managing director(s) and at least half of the members of the board must reside in Iceland or be residents and citizens of any other European Economic Agreement (EEA) or OECD country. The Minister of Commerce may grant an exemption. If there is only one person on the board of directors, he/she must fulfil the residence qualification.
Coverage Public Limited Companies and Private Limited Companies
Fiscal Restrictions

ICELAND

Since April 2014

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
WTO Government Procurement Agreement (GPA)
Although Iceland is a signatory to the WTO Government Procurement Agreement (GPA), its coverage schedules do not include "telecommunications related services" (CPC 754), which is an important service sector for digital trade.
Coverage Selected sectors
Fiscal Restrictions

ICELAND

Reported in 2017

Chapter Public Procurement  |  Sub-chapter Preferential purchase schemes covering digital products and services
Limitation on foreign participation
It is reported that the right of access to public procurement is limited to regional trade agreement partners and members of the WTO’s Government Procurement Agreement.
Coverage Horizontal
Fiscal Restrictions

ICELAND

ITA signatory? I II

Chapter Tariffs and Trade Defence  |  Sub-chapter Applied tariffs on digital goods
Average MFN rate
1.38%
Weighted average MFN rate
0.87%
Maximum tariff rate
10%
Coverage rate of zero-tariffs
59.73%

Coverage: Digital goods
Sources

Trading restrictions

UNITED KINGDOM

Reported in March 2018

Chapter Online sales and transactions  |  Sub-chapter Barriers to fulfillment
De minimis rule
The European de minimis threshold for import duties is harmonized. Goods with a value of up to 128 SDR / 150 EUR / 186 USD are exempted from customs duties. The VAT de minimis threshold is not harmonized within the EU and can vary between 10 and 22 EUR, i.e. Member States can decide on a value within this range to grant an exemption on VAT for imported goods.

According to UK's de minimis rule, goods with a value of up to 15 SDR / 15 GBP / 21 USD are exempted from VAT.
Coverage Horizontal