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  • Intellectual property framework

    Overview

    Intellectual property is a right protected by the Constitution of the Republic of Angola. The fundamental intellectual property framework in Angola is provided in 2 main acts: the Legal Regime for the Protection of Copyright and Related Rights and the Industrial Property Law.

  • Commercial contract framework

    Overview

    Angolan law lays down a general principle of contractual freedom, which means that parties are mostly free to establish the terms and conditions to be observed by the contracts they enter into (exceptions are made to mandatory rules legally imposed which will depend on the specific contractual relationship) and are entitled to enter into contracts provided for in the law, but also into contracts that are not provided for in the law.

    Angolan law does not establish a unitary act or set of rules applicable to all commercial contracts. Depending on the specific contractual relationship, commercial contracts may be subject to the provisions of the Civil Code, Commercial Code, Copyright and Related Rights Law, and the Industrial Property Law as well as other specific legislation.

    The aforementioned set of rules changes according to the specific contract in question.

  • Copyrights

    Nature of right

    Copyright covers original literary, scientific and artistic intellectual creations, or works. Registration is not required for the acquisition or maintenance of copyright rights; however, there are certain specific copyright-related acts subject to registration in order to be valid.

    In Angola, copyright comprises economic and moral rights.

    In the scope of economic rights, copyright owners have the exclusive right to use, enjoy and dispose of their work, or to authorize the use of the work, wholly or in part, by third parties.

    Moral rights consist in the right to claim authorship of the work, as well as the right to ensure its genuineness and integrity.

    Legal framework

    Copyrights are governed by Law No. 15/14 of July 31, which introduced the Legal Regime for the Protection of Copyright and Related Rights.

    Duration of right

    As general rule, moral copyrights are unlimited in time and, therefore, are inalienable and imprescriptible. With respect to economic copyrights, copyright protection lasts for a term of 70 years, counted as of January 1 of the first year after the death of the author, as well as through the life of the author.

    In the case of works in collaboration, copyright expires 70 years after the death of the last surviving author. As per collective works or works originally assigned to a corporate person, copyright expires 70 years from the date of the first licit publication or disclosure, except if the individuals who create it were identified in the version of the work available to the public.

    For an anonymous work, or work that was legally published or disclosed without identifying the respective author, protection is for 70 years after publication or disclosure.

    Please note that, with respect to applied arts and photographic works, economic copyrights protection lasts for a term of 45 years, counted as of January 1 of the first year after the death of the author.

    Economic copyrights related to a broadcaster last up to 35th calendar year after the broadcast.

    Ownership / licenses

    Moral rights are inalienable.

    The copyright owner, as well as their successors or assignees, may authorize the use of the work by third parties or assign economic rights, wholly or partially.

    Granting an authorization to third parties in order for them to divulge, publish, use or explore the work does not imply the transfer of copyright rights.

    Authorization shall only be granted in writing, mandatorily including the parties involved, the title and type of the work, the rights concerned, the duration, place and price conditions.

    Please note that the assigns are only effective against third parties when registered.

    Remedies for infringement

    The copyright owner may request payment of compensation by the agent for damages and losses to repair the damage suffered as a result the infringement, as well as payment of expenses caused by that infringement, which may include legal expenses.

    The amount of the compensation is determined in accordance with the civil liability regime provided for by the Angolan Civil Code, taking into account the amount of material and moral damage suffered by the copyright owner, as well as the profit obtained by the offender.

    When it is proven that the infringing copies affect a right, the Court may order, ensuring that the penalty is proportionate to the seriousness of the offense and taking into account the legitimate interests of third parties, the destruction of those copies and their packaging or their elimination of trade channels by any other reasonable means, without compensation of any kind, in order to avoid any damage to the copyright owner.

  • Mask works / topographies

    Nature of right

    Mask works and topographies are not separately protected under Angolan law. They may be protected under patent law or by way of confidentiality.

    Legal framework

    Angolan has enacted no specific rules on protection of mask works or topographies. Although Angola is part of the WTO and has approved the TRIPS Agreement, it has not yet implemented any rules on mask works or topographies protection.

    Semiconductor technology, generally, and topographies, in particular, may be protected under the traditional intellectual property rules applicable to all types of technology, particularly patent law and the rules on confidential information. Therefore, matters such as the duration of the relevant rights, ownership and remedies depend on the type of protection used in connection with each specific mask work or topography.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

     Not applicable for this jurisdiction.

    Remedies for infringement

    Not applicable for this jurisdiction.

  • Patents

    Nature of right

    Patent rights cover new inventions, in all fields of technology, provided that they are new, involve an inventive step and are susceptible of industrial application.

    An invention shall be considered new if it does not form part of the state of the art, which comprises everything, inside or outside the country, made available to the public by means of a written or oral description, by use, or in any other way, before the date of filling of the patent application.

    An invention shall be considered involving an inventive step if it is not obvious to a person skilled in the art.

    An invention shall be considered susceptible of industrial application if it can be made or used in any kind of industry, including agriculture, fishing and handicraft.

    A national patent confers on its owner the exclusive right to exploit the patented invention in Angolan territory.

    Legal framework

    Patents are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 2 to 14)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19
    • Cooperation Treaty patent (PCT) approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Duration of right

    Patent protection is granted up to a maximum period of 15 years from the date of filling of the patent application.

    Ownership / licenses

    Patents can be transferred in writing, by means of public deed, whether or not for financial reward.

    Patents may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses shall be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including patent rights, the court may, at request of the interested party, order the appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a patent may be also punishable as crime with imprisonment up to 6 months or a fine.

  • Trademarks

    Nature of right

    A trademark is a sign that distinguishes a company's goods or services, from the goods and services provided by other companies. There are 3 types of trademarks, namely:

    • Nominative: when constituted by letter(s) or word(s)
    • Figurative: consisting of figures or images and
    • Mixed: when it includes a combination of figures and words or letters in its constitution.

    The registered trademark confers to the owner, the right to prevent third parties that do not have their consent from using in the course of trade any sign which is identical or similar to the trademark in relation to goods and/or services which are identical or similar to those for which the trademark is registered.

    Legal framework

    Trademarks are governed by the following:

    • Chapter II, the Industrial Property Law (Articles 29 to 40)
    • Membership of the World Intellectual Property Organization (WIPO), approved by Resolution No. 9/84 of July 20
    • Paris Convention for the Protection of Industrial Property – approved by Resolution No. 22/05 of August 19 and
    • Membership of the World Trade Organization (WTO), hence the TRIPS Agreement (Accession November 23, 1996).

    Angola is not a party to either the Madrid Agreement or the Madrid Protocol. As such, International Registrations (IRs) cannot be extended to Angola. Angola's accession to the Madrid Agreement and/or the Madrid Protocol is currently the subject of consultation, but the position is unlikely to change for a number of years to come.

    Duration of right

    National trademark registrations remain valid for 10 years starting from the date of filing of the application and may be indefinitely renewed for equal periods.

    Ownership / licenses

    Trademarks can be transferred in writing, wholly or partially, whether or not for financial reward. A transfer of the whole of the undertaking shall include the transfer of the trademark except where there is agreement to the contrary or circumstances clearly dictate otherwise.

    Trademarks may also be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including trademarks, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Trademark infringement is punishable as crime with imprisonment up to 3 months or a fine.

  • Trade secrets

    Nature of right

    Trade secrets are not protected as property in Angola. However, the Angolan Industrial Property Law, in the chapter related to Crimes of Unfair Competition, characterizes as crimes certain conducts involving the unauthorized use of trade secrets. As a result, there is legal protection against the violation of trade secrets.

    Legal framework

    Trade secrets are addressed in article 73 of the Angolan Industrial Property Law.

    Duration of right

    Not applicable for this jurisdiction.

    Ownership / licenses

    Not applicable for this jurisdiction.

    Remedies for infringement

    Remedies available for infringement of trade secrets can include criminal remedies (imprisonment and monetary fine) and civil remedies (injunction to prevent the continuation of infringements and damages).

    Trade secret violation is punishable with a fine, if a more serious sanction does not apply by applying the provisions of the penal code and Law No. 9/89 (Law on Crimes Against the Economy).

  • Other key IP rights

    Nature of right

    Design

    Industrial design means any new arrangement or set of lines or colors that, for industrial or commercial purposes, can be applied to the ornamentation of a product by any manual, mechanical, chemical, simple or combined process.

    The registered design confers to the owner the right to prevent third parties that do not have their consent from using it. The aforementioned use shall cover, in particular, the making, offering, putting on the market, importing, exporting or using of a product in which the design is incorporated or to which it is applied, or stocking such a product for those purposes.

    Industrial designs

    Industrial designs

    Legal framework

    Design

    Designs are governed by Chapter III of the Industrial Property Law (Articles 15 to 28).

    Duration of right

    Design

    Designs registrations remain valid for 5 years starting from the date of filing of the application and may be renewed for 2 consecutive times of 5 years each.

    Ownership / licenses

    Design

    Designs may be licensed in writing, wholly or partially, whether or not for financial reward, on an exclusive or non-exclusive basis.

    Transfer of ownership and licenses must be recorded in the Angolan Institute of Industrial Property to be effective against third parties.

    Remedies for infringement

    Design

    Whenever there is violation of or justified fear that another party may cause serious and difficult-to-repair harm to an industrial property right, including designs, the court may, at request of the interested party, order appropriate measures to prevent any imminent violation or to prohibit continuation of the violation.

    Whoever illegally violates the industrial property rights of another person with intent or by negligence shall be obliged to pay a compensation to the injured party for the damages resulting from the violation.

    In determining the amount of compensation for losses and damages, the court shall take into account the profit obtained by the infringer and the resulting damages and lost profits suffered by the injured party. The costs borne out of protection of the right in question and the investigation and termination of the harmful conduct shall also be taken in consideration, as well as personal injury.

    Infringement of the exclusive right granted by a registered design may be punishable with a fine.

  • Intellectual property in employment context

    Employees

    As a general rule, the copyright over a work made under a labor agreement or in compliance with functional obligations is determined by agreement between the parties. In case no agreement exists, it is presumed that the ownership over the work belongs to the respective intellectual creator. In cases where there is a service provision contract, the property rights over the work are transferred to the contractor or entity represented by it.

    The right to patent shall belong to the inventor or their successors in title. Notwithstanding, if an invention was made during the performance of an employment contract in which inventive activity is provided for, the right to the patent belongs to the employer.

    Consultants / contractors

    In principle, consultants and contractors will retain ownership of the intellectual property developed by them, unless otherwise agreed by the parties or provided for in the law.

  • Key commercial contract considerations

    Registration of commercial agreements

    There are no general registration requirements for commercial contracts under Angolan law; however, certain exceptions may arise. Furthermore, Industrial Property Rights licenses are subject to registration within the Angolan Industrial Property Institute (IAPI) in order to be enforceable against third parties.

    Recognized language of commercial agreements

    There are no general requirements under Angolan law that provide that contracts must be written in Portuguese. However, in certain cases – for instance, contracts with consumers – the Portuguese language is mandatory, and, if the contract is to be used in specific situations – for example, for purposes of evidence in court or used with public authorities – translation to Portuguese is required.

    Country-specific issues for online content

    Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

    Enforceability of online/clickwrap/shrinkwrap terms

    Contracts may be concluded electronically, provided that it does not affect its validity or effectiveness due to the use of this medium. Please note that general contractual clauses requiring electronic conclusion of consumer contracts are prohibited.

    The provider shall make available to the recipients, before the conclusion, unambiguous minimum information including (i) the contract conclusion process, (ii) whether or not the contract is stored by the service provider and accessibility by the recipient, (iii) the language or languages in which the contract may be concluded, (iv) the technical means which the provider makes available so that errors of introduction which may be contained in the order form may be identified and corrected, (v) the contractual terms and general clauses of the contract to be concluded, (vi) the codes of conduct subscribed and information on how to consult them electronically  and (vii) the effective technical means which allows the recipient to identify and correct inserted errors.

    Governing law

    The interpretation and enforceability of contracts is a matter of governing law. The choice of law by the parties is accepted as a general principle, except when otherwise provided for by law; please, however, note that, in certain cases, there are rules of mandatory application – for instance, in the scope of contracts concluded with consumers.

  • Key commercial contract terms

    Enforceability of warranty disclaimers

    This will depend on the specific warranty. Notwithstanding, the law may provide some restrictions on the enforceability of warranty disclaimers (eg, for reasons of consumer protection).

    Enforceability of exclusions/limitations of liability indemnification

    As general rule, the enforceability of exclusions or limitation of liability is limited under Angolan law. According to civil law, limitation of liability or exclusion of liability concerns the grounds of liability itself and the damages and losses. The law is not absolutely clear when dealing with the matter; therefore, some hold the opinion that the law does not prevent clauses limiting or excluding liability for acts of mere negligence, while others suggest that all clauses of exclusion or limitation are completely null and void.

    Indemnification

    Indemnification clauses in contracts are, in principle, enforceable, but may be subject to restrictions provided for in the law. It is relatively common to stipulate in commercial agreements that the indemnifying party will indemnify and hold harmless the other party against claims of third parties related to the subject matter of the agreement.

    Electronic signatures

    According to Angolan law, a qualified electronic signature is equivalent to an autographic signature in paper documents. An electronic document shall only be deemed to be signed for purposes of evidence where it meets the requirements set by the law on electronic signature and certification.

  • Key contacts
    Murillo Costa Sanches
    Murillo Costa Sanches
    Of Counsel DLA Piper [email protected] T +351 213 583 659 View bio
    Joni Garcia
    Joni Garcia
    Associate DLA Piper ADCA Angola [email protected] T +244 926 612 525

Key commercial contract considerations

Country-specific issues for online content

Angola

Electronic contracts are regulated under Presidential Decree No. 202/11 of July 22.

Argentina

Argentina has ratified the WIPO conventions applicable to online content and practices. However, enforcement of these conventions is weak.

Australia

The Copyright Act provides a safe harbor regime for service providers (or "carriage service providers," as defined in the Telecommunications Act 1997 (Cth)), which limits their liability for copyright infringement by their customers (ie, liability by authorizing the infringing acts of their customers). Service providers must satisfy certain criteria in order to be protected by this scheme. Recent case law has left open the possibility of service providers being found to have authorized copyright breaches through a failure to act against infringing customers.

Copyright holders may issue "take down notices" to internet service providers (ISPs) if, on reasonable grounds, they believe that there is infringing material located on a webpage or network that is under the control of the ISP. Upon recipient of this notice, the ISP is required to immediately remove or block the content and issue an infringement notice to the individual or entity that posted the material.

Austria

The E-Commerce Act (E-Commerce-Gesetz) provides limitations of liability for the providers of routing, search engine, caching, hosting and linking services under specific requirements in case of infringements.

Belgium

Book XII "Law of the Electronic Economy" CEL provides several additional requirements regarding the information to be provided to conclude online agreements, including information about the service provider and the languages in which the agreement can be concluded.

Brazil

Federal Decree No. 7,962/2013 establishes several rules for e-commerce. There is certain information that must be included on the website (eg, supplier's name, address for contact, information on additional and ancillary costs included in the price) and the supplier shall comply with certain obligations in order to make the purchase process easier to the customer (eg, to include a summary of the contract highlighting the clauses that may limit any right and to maintain an electronic consumer attendance service). In addition, Federal Law No. 10,962/2004, modified by Federal Law No. 13,455/2017, establishes rules for price disclosure in e-Commerce (eg, font size and position of the price).

In 2015, Brazil enacted Federal Law No. 12,965 on Civil Rights Framework for the Internet (Marco Civil da Internet) and its Decree No. 8,771/16, dated May 11, 2016. This federal law stipulates the following:

  • Brazilian law and jurisdiction will be applicable if one of the parties engaged in the relation or service is located in Brazil
  • Internet service providers shall be liable for 3rd parties’ content if such 3rd party does not comply with a court's orders (eg, for removal of content). If the infringing content is of sexual character, the Internet application (site) subsidiarily begins to respond for violation of privacy and may be liable, along with the author of the offense, for crimes such as violation to the honor or disclosure of secret, in case it does not remove the content when directly notified by the victim.

  • A service or webpage may be shut down, by court order, if it does not comply with the law
  • Collection of data must be strictly related to the purposes of the collection and may not be shared or transferred to 3rd parties without prior consent of the individual on this regard or by another applicable legal basis, in accordance with the Brazilian General Personal Data Protection law (Federal Law 13,709/2018)

Canada

Generally speaking, the common law system has attempted to adapt contract principles to online transactions. However, different provinces have enacted a variety of consumer protection statutes that may modify or define the basis upon which an online transaction may be carried out. For instance, in Ontario it is necessary to consider the provisions of the Electronic Commerce Act, 2000 and the Consumer Protection Act.

Chile

The law for the protection of consumers (Law 19.496) imposes certain conditions on the conduct of online sales.

Law 17.336 on Intellectual Property furthermore provides safe harbor provisions for a limitation of liability for service providers on the internet when the copyrights are infringed by 3rd parties (eg, users) requiring service providers comply with certain conditions. These vary depending on the type of service provider.

There are no specific regulations regarding online intellectual property protection. The general laws for industrial and intellectual property, as well as data privacy, apply.

China

In the event of intellectual property infringement online, if an internet service provider (ISP) solely offers hosting services without creating webpage content (such as e-commerce websites), they are obligated to remove the content upon being notified of the infringement. Failure to do so may render the ISP liable for the infringement. However, if the infringing content is neither stored on the ISP's servers nor have they been informed of what content should be removed, the ISP will not be held liable for the infringement.

From the content monitoring and management perspective, any person using networks must not generate or distribute content that could incite subversion of national sovereignty; overturn the socialist system; incite separatism; break national unity; advocate terrorism or extremism; advocate ethnic hatred and ethnic discrimination; disseminate violent, obscene, or sexual information; create or disseminate false information to disrupt the economic or social order; or information that infringes on the reputation, privacy, intellectual property or other lawful rights and interests of others. If the parties’ cooperation involves the generation or distribution of any online content, there should be proper clauses in the commercial contract (eg, representatives and warranties, indemnities, etc.) addressing the parties’ role and specific responsibilities.

 

Colombia

Colombia has robust legislation on data privacy, which means that any internet interaction shall comply with the current regime on data privacy. This also means the website shall request data subjects’ consent for their data process and shall implement a privacy policy and an information security policy.

Law 1450 of 2011 has recognized the principle of neutrality, which dictates that users may use, send, receive, and offer content, services or apps that are not illicit. In this regard, Resolution 3502 of 2011 of the Ministry of Telecommunications (MINTIC) determines that internet contents are governed by 4 principles:

  • Free Choice: the user may use, send, receive, or offer any content, unless they are forbidden by the law or by the order of a judicial authority
  • No Discrimination: the network providers shall provide equal treatment to the content, apps and services without any arbitrary discrimination
  • Transparency: the network providers shall reveal their users' traffic management policies and the providers who may access their network and
  • Information: the network providers shall provide to users the information regarding the services provided.

Without limiting the aforementioned, Colombia does not have a specific regulation regarding intellectual property protection online and, thus, the applicable law for online content issues is the one that governs intellectual property in general as well as data privacy and the infringement of the right to intimacy and to a good name. In any case, the information and contents shared on the internet may not violate the law.

Czech Republic

Not applicable for this jurisdiction.

Denmark

As a main rule, service providers are not held liable for intellectual property right infringements due to their transmitting, routing or providing of connection to infringing content. However, certain requirements must be fulfilled.

Service providers may be subject to interim injunctions if they provide a connection to infringing content.

Finland

Not applicable.

France

Specific rules apply when consumers are concerned, such as the requirement to put in place a double-click system when a consumer makes a purchase online or the obligation to provide consumers with certain mandatory information via a durable medium (ie, in a PDF document or in the content of an email). In any event, the French Consumer Act (Loi Hamon) of March 17, 2014 has implemented European Directive 2011/83/EU dated October 25, 2011 on consumer rights. Thus, the rules applicable to agreements with consumers concluded online are, to a certain extent, similar in all European Union countries, save any local specificity.

Law no. 2023-451 of June 9, 2023, on the regulation of commercial influence and on the fight against the abuses of influencers on social networks has been promulgated. Prior to this text, there was no legal framework applicable specifically to influencers. Promotions aimed at the French public have to contain specific provisions depending on their content (sponsored, modified, virtual). To better inform their subscribers, influencers have to clearly indicate the mention "advertising" or "commercial collaboration" on their promotional content.

 

Germany

As a general rule, a host service provider is not liable for copyright-infringing content provided by others, provided that it does not have actual knowledge of the illegal content or, in case it gained knowledge of the illegal content, has immediately removed or blocked the illegal content. However, the host service provider is obliged to take the appropriate technical measures to credibly and effectively prevent copyright infringements on its platform.

Hong Kong, SAR

The Copyright (Amendment) Ordinance 2022  came into effect on May 1, 2023 and has introduced a safe-harbor provision for online service providers in respect of copyright infringement which occurs on online service platforms.

The safe-harbor provision limits online service providers’ liability for subscribers’ copyright infringement acts on their service platforms. Online service providers would not be liable for damages or any other pecuniary remedy for such infringement if they satisfy the below conditions:

(i)              the service provider has taken reasonable steps to limit or stop the infringement as soon as practicable after it received notice/became aware of the infringement, or became aware of any facts or circumstances that would lead inevitably to the conclusion that infringement had occurred

(ii)            the service provider has not received, and is not receiving, any financial benefit directly attributable to the infringement

(iii)           the service provider accommodates and does not interfere with the standard technical measures that are used by copyright owners to identify or protect their copyright works and

(iv)           the service provider designates an agent to receive notices of alleged infringements and supplies the agent's name and contact details on its service.

That said, online service providers are not required to monitor their services or actively seek facts that indicate infringing activity, except to the extent consistent with standard technical measures of copyright owner. Going forward, it is anticipated that the Hong Kong government will address the operational details and give practical guidance to online service providers in relevant voluntary code of practice.

Hungary

There are special provisions regarding the liability of intermediary service providers for the transmitted illegal content. In given circumstances, they shall not be liable. This in many cases includes complying with notice and takedown requests from rights holders.

India

Intermediaries (eg, websites and internet service providers) may shield themselves from liability arising due to 3rd-party content, by taking certain statutory measures as required under the IT Act, read with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules). In order for an intermediary to shield itself, an intermediary should establish that it did not (a) initiate the transmission, (b) select the receiver of the transmission, or (c) select or modify the information contained in the transmission.

In addition, the IT Rules place specific requirements on intermediaries, including but not limited to requiring that intermediaries ensure (to the extent possible) that its users do not post prohibited content, and, where prohibited user content is posted on the platform, that its users adequately address grievances and take down content in the manner prescribed under the IT Rules. The IT Rules have also identified social media intermediaries (SMIs), including those SMIs with a higher user base (significant social media intermediaries), where these intermediaries are expected to adhere to an increased level of precaution and compliance obligations.

Separately, the Consumer Protection (E-Commerce) Rules, 2020, govern the sale and purchase of goods to consumers on e-commerce platforms.These E-Commerce Rules expect both sellers of products and entities providing platforms for sale to provide certain necessary product information to consumers, uphold necessary consumer rights and redress consumer grievances.

Additionally, the Consumer Protection Authority of India’s Guidelines for Prevention of Misleading Advertisements and Endorsements for Misleading Advertisements, 2022 (Advertisement Guidelines) also place compliance obligations on entities hosting advertisements in all formats and mediums, including online. The Advertisement Guidelines include requirements to ensure safe advertising and prohibit misleading, surrogate and bait advertisements. 

Recently, the Central Consumer Protection Authority of India issued the Guidelines on Prevention and Regulation of Dark Patterns, 2023 (Dark Pattern Guidelines). The Dark Pattern Guidelines apply to all sellers, advertisers and platforms offering goods and services in India. Such entities are prohibited from engaging in the 13 "dark patterns" specified in Annexure I of the Dark Pattern Guidelines. “Dark patterns” are manipulative practices or deceptive design patterns in the user interface or user experience and choice architectures of a platform that subvert or impair user autonomy, influence decision making and work to the detriment of users.

Indonesia

Indonesia has adopted Budapest Convention on Cybercrime through Law Number 11 of 2008 on Electronic Information and Transaction as lastly amended by Law Number 1 of 2024 on the Second Amendment of Law Number 11 of 2008 (EIT Law).

Ireland

The statutory regime governing online content in Ireland generally derives from European law. Under the Consumer Rights Act 2022, the general principles of consumer law apply to contracts for the provision of digital content or digital services. In addition to this, the EU Digital Services Act places general obligations on digital service providers (including social media platforms, online marketplaces and app stores). These obligations aim to ensure transparency and accountability on how these online service providers moderate content and advertise, for example, by prohibiting targeted advertising towards children.

Israel

There are no specific requirements under Israeli law for online terms, which are considered to be a contract with all its implications (conditional upon the fulfillment of all elements under law required for the creation of a contract between 2 or more parties).

However, online terms may be deemed to be a standard contract under Israeli Standard Contracts Law (ie, a contract, the terms of which have been pre-determined by one party in order for them to be used in several agreements between that party and an undetermined and unspecified number of other parties). The consequence of an agreement being determined to be a standard contract by the court is that the court might strike out unfairly prejudicial terms contained within the contract (and in such case, any action by a party in accordance with such term might give rise to claims for breach of contract or tortious acts).

Examples of clauses which are presumed to be unfairly prejudicial under the Israeli Standard Contracts Law:

  • A condition denying or limiting a right or remedy available to the customer ("a person to whom a supplier offers an engagement to which a standard contract applies, whether such customer is the receiver or the giver of anything") under law.
  • A condition imposing the burden of proof on a person who would not have to bear it but for that condition.
  • A condition which denies or limits the customer's right to make certain pleas before judicial authorities or that determines that any dispute between the supplier and the customer will be settled in arbitration.
  • A provision which relieves the supplier, fully or partially, of a liability which the supplier would have to bear under law if such condition was not included in the contract.
  • A condition which requires a customer to confirm that the customer read the contract, or to declare that they have committed any act, or to approve the customer's knowledge concerning a certain matter or fact, excluding information provided by the customer to the supplier in the contract.

Italy

With regard to B2C contracts concluded of distance or off-premises, the Consumer Code, as amended by Legislative Decrees Nos. 21/2014, 170/2021, 173/2021 and 26/2023 (pursuant to the Directive EU 2019/2161), provides some enhanced obligations in relation to pre-contractual information that vendors need to communicate to consumers, such as the details on the vendor’s identity, the main characteristics of the goods and services sold and the total price and the payment modalities, as well as specific obligations with regard to the consumer right of withdrawal. Furthermore, the Consumer Code sets forth a number of seller’s obligations with respect to (i) the suitability of the goods sold to the consumers’ needs; (ii) the conformity of the goods to the description provided, to public statements and samples; (iii) the completeness of the material and accessories to be provided as well as the characteristics of the goods or services sold; and (iv) the transparency of prices when making discounts with the requirement to display the lowest price charged in the previous 30 days.

With respect to goods or services with digital elements as well as digital contents and services, the seller is obliged to provide the consumer, for a reasonable period of time, with updates that are necessary to ensure the conformity of the good or service sold, including informing the consumer of the availability of such updates. However, with specific reference to the seller’s ability to modify the digital content or service, further requirements must be met (eg, the possibility to amend the digital content or service at hand is provided for in the general terms and conditions with a valid reason).

In particular, the Consumer Code provides that the right of withdrawal for online contracts may be unilaterally exercised by consumers within 14 days from the purchase of the service/delivery of the good, without penalty and without providing any reason (except in case of specific contracts). Consumers only bear the costs of returning the received goods. If the vendor has not properly informed the consumer of their right of withdrawal and on its terms, the right of withdrawal is extended to 12 months and the costs of the return are charged to the vendor.

In any case, as per the general rule for online and offline contracts between vendors and consumers, the Consumer Code provides that the delivery of the purchased goods shall take place at the latest within 30 days from the conclusion of the contract. An additional term may be provided under certain circumstances to the vendor to deliver the goods, but, at the expiry of such term, the consumer is entitled to terminate the contract and to obtain damages compensation.

In addition, new rules have been introduced to enhance transparency in e-commerce. These regulations include the requirement to disclose whether the seller is not a professional but another private customer, the verification process of online reviews, the functioning of products and services’ ranking mechanisms and the marketing of products that resemble those sold in different Member States but have substantial differences (dual quality).

Japan

Does not apply for this jurisdiction.

Luxembourg

The Luxembourg E-Commerce Law of August 14, 2000, as lastly amended by the Law of April 2, 2014, provides several additional requirements regarding the information to be provided to conclude online agreements, including information about the service provider and the languages in which the agreement can be concluded.

Mexico

There is no specific legislation regarding online content.

Netherlands

If a consumer acquires online content, the right to terminate the agreement within a 14-day period (ie, the general consumer right for online purchases) remains in effect. In order to exclude this right, the consumer must explicitly accept that:

  • Content will be provided within the 14-day period and
  • That the right to terminate the agreement is waived after provision of the content

Furthermore, pursuant to Dutch consumer law, a subscription for online content set out in general terms and conditions may not exceed 1 year. After such term, the subscription can be terminated with a 1-month notice period.

New Zealand

An Internet service provider does not infringe copyright merely because a consumer uses the Internet services of the provider in infringing the copyright or merely because the Internet service provider knows of the infringement from information received as a result of enforcement action taken pursuant to the Copyright Act 1994. However, in some cases injunctive relief is still available against the provider.

All consumer contracts, whether online or otherwise, are subject to the requirements in the Consumer Guarantees Act 1993 and the Fair Trading Act 1986. In addition, consumer credit contracts, whether online or otherwise, are subject to the Credit Contracts and Consumer Finance Act 2003.

Nigeria

A major issue with online content in Nigeria is infringement of copyright. The new Copyright Act has included provisions that cater specifically for online content. Once infringement of a content is reported, the internet service provider takes requisite steps to review the notice and take down infringing content. Repeated infringers can also be suspended or blocked from uploading content on a platform. This is a progressive effort to curb the rate of infringement in Nigeria. The steps provided by the Act include:

  • Every service provider should include an address or process for issuing a written notice of infringement.
  • Upon receipt of infringement notice, the service provider shall notify the subscriber of the notice and take down infringing content from the platform.
  • The service provider shall inform the owner of the copyright work that the content has been taken down.
  • In the event a counternotice is received from the subscriber, the service provider will forward such notice to the copyright owner.
  • The service provider will restore the content if there is no response from the copyright owner after 7 days.
  • Where the copyright owner issues a counter notice, the service provider will have to consider and decide on it. They may also refer the issue to the Nigerian Copyright Commission (NCC).
  • Once a service provider receives multiple notices of infringement from a subscriber, a warning will be sent which may lead to a suspension of account.

The Copyright Act further provides that upon a court order, identifiable information about an infringer will be provided to the copyright owners. Also, the NCC can elect to block out infringing content from any platform, system or network with or without assistance from a service provider.

There are also data protection issues where online content in Nigeria is concerned.  Nigeria data protection laws and regulations include provisions regulating data processing, data security, rights of data subjects and procedure for data transfers by data controllers and processors in uploading and managing online content.

Norway

Companies must adhere to the E-Commerce Act (ehandelsloven) and the Right of Cancellation Act (angrerettloven).

Peru

N/A

Philippines

Republic Act No. 8792 or the Electronic Commerce Act of 2000 (E-Commerce Act) features a safe harbor provision for service providers of online services or network access for online communications or electronic documents. Service providers as defined in the E-Commerce Act may not be held civilly or criminally liable in respect to the electronic data message or electronic document if such liability is founded on:

  1. The obligations and liabilities of the parties under the electronic data message or electronic document.
  2. The making, publication, dissemination or distribution of such material or any statement made in such material, including possible infringement of any right subsisting in or in relation to such material, as long as the service provider:
    1. Does not have actual knowledge, or is not aware of the facts or circumstances from which it is apparent, that the making, publication, dissemination or distribution of such material is unlawful or infringes any rights subsisting in or in relation to such material
    2. Does not knowingly receive a financial benefit directly attributable to the unlawful or infringing activity and
    3. Does not directly commit any infringement or other unlawful act and does not induce or cause another person or party to commit any infringement or other unlawful act and/or does not benefit financially from the infringing activity or unlawful act of another person or party.

Poland

Generally, the hosting provider is not liable for content provided by 3rd parties that infringes intellectual property rights provided that it was unaware of the unlawful character of the stored data or related activities or – having received an official notification or reliable information about the unlawful character of the data or related activities – denies access to the data or deletes the data, as applicable.

The hosting provider is not obliged to check (monitor) the data which it stores in order to assess whether they infringe any intellectual property rights.

Portugal

Electronic contracts are regulated under Decree-Law no. 7/2004, of 7 January as later amended also known as the E-Commerce Law which enacted the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 and contracts concluded at a distance are regulated by Decree-Law no. 24/2014 of 14 February (as later amended) which enacts Directive EU/2011/83 of the European Parliament and of the Council of 25 October 2011, on the protection of consumers in respect of distance contracts. 

Romania

As of February 17, 2024 the European Regulation 2022/2065 known as the Digital Services Act became effective for all members of the European Union and new legislation is expected to be adopted.

Russia

In regard to internet-related infringements, under certain circumstances, the copyright owner or exclusive licensee may request the court to order blocking of an infringing website even before consideration of the case on the merits.

Saudi Arabia

Not applicable.

Singapore

All Internet Content Providers are automatically granted class licenses under the Broadcasting (Class Licence) Notification (Notification) of the Broadcasting Act 1994. They are required to comply with the Class Licence Conditions set out under the Notification and the Internet Code of Practice issued by the Infocomm Media Development Authority (IMDA).

"Internet Content Provider" is defined in the Notification as, among other things, "any corporation or group of individuals (including any association, business, club, company, society, organization or partnership, whether registrable or incorporated under the laws of Singapore or not) who provides any program on the World Wide Web through the Internet."

The Internet Code of Practice requires Internet Service Providers and Internet Content Providers to, among other things, deny access to material considered by the IMDA to be prohibited material if required to do so by IMDA. "Prohibited material" is material that is objectionable on the grounds of public interest, public morality, public order, public security or national harmony, or is otherwise prohibited by applicable Singapore laws, which includes material that glorifies, incites or endorses ethnic, racial or religious hatred, strife or intolerance.

Slovak Republic

Not applicable for this jurisdiction.

South Korea

The CA sets out a detailed list of the requirements for exempting an online-service provider from liability for carrying infringing materials. Subject to these requirements, a service provider must confine itself to acting as a mere conduit, to caching, to hosting, and to searching information in order to escape liability and to avoid responsibility for monitoring or investigating for infringing acts. To some degree, these safe-harbor provisions resolve the uncertainty previously surrounding the liability of online-service providers for direct infringement by their users. However, they also make it easier to impose liability on online-service providers if the requirements are not met.

Spain

Directive 2000/31/EC on information society services was implemented in Spain by Law 34/2002 on information society services and electronic commerce (LSSI).

Service providers are required to fulfill certain legal requirements set forth by LSSI. In particular, they shall make available a number of items such as the name or corporate denomination, residence, domicile or address of a permanent establishment in Spain, e-mail details of registration in the Companies Register or any other Public Register.

Sweden

Generally, there is no requirement on the form of the contract (with a few exceptions, for example real property). Thus, the parties are free to enter into agreements online.

Companies need to adhere to the Act on E-Commerce (2002:562) (Sw. Lag om elektronisk handel och andra informationssamhällets tjänster), and in business to consumer relationships, the Off-Premises Contracts Act (2005:59) (Sw. Lag om distansavtal och avtal utanför affärslokaler) applies, which includes numerous obligations of the trader.

Switzerland

Based on Swiss practice, in general terms and conditions, consumers should generally be addressed in all 3 official Swiss languages, if a good or service is offered online or throughout Switzerland.

It is to be noted that Switzerland is not a member state of the European Union, which is why different rules may apply in particular with regard to data protection, unfair competition, intellectual property and general terms and conditions.

Taiwan, China

As a general rule, a host service provider is not liable for copyright infringing content provided by others, provided that it does not have actual knowledge of the infringing content or, if it gained knowledge of the infringing content, has immediately removed or blocked the infringing content, and that it does not gain economic benefits from the infringing content provided by others.

Ukraine

The E-Commerce Law dated September 3, 2015 is the key law on online transactions. It sets forth an obligation of sellers to provide customers with certain mandatory information. In addition, it establishes a procedure for concluding an online agreement as well as confirmation of the received order.

Considering that online transactions are performed with the use of telecommunication services, which are rendered by diverse intermediary service providers (eg, providers of hosting or caching services), their role in the transaction may be qualified as pure provision of services or as a party to the transaction. If service providers are not involved into the transaction (ie, they do not initiate the transfer of information, do not choose its recipient and are not able to amend its content), they cannot be liable for infringements related to e-commerce transactions. However, if copyright or related rights are violated, the intermediary service providers cannot take advantage of the safe harbor. In such cases, the intermediary service providers are obliged to take necessary actions for protection of the right holder (eg, considering the takedown notices, blocking the illegal content or deleting it when appropriate). Since April 2017, Ukraine has had a notice and takedown procedure in relation to online copyright infringements.

United Arab Emirates

Not applicable.

United Kingdom

Not applicable.

United States

The Digital Millennium Copyright Act (DMCA) is a US copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA instituted criminal penalties for the production and distribution of technology, devices or services intended to bypass technological means for controlling access to copyrighted works.

The DMCA features a safe-harbor provision for internet service providers and other intermediaries to avoid liability for copyright infringement claims arising from transmitting, routing or providing connections to infringing content, provided that the service provider registers a designated agent with the Copyright Office. Designated agent registrations must be made electronically, timely updated and renewed every 3 years.