If so, does the reach of the regulator extend outside your jurisdiction?

Technology (3rd edition)

Armenia Small Flag Armenia

The regulator extend does not reach outside Armenian jurisdiction.

Dominican Republic Small Flag Dominican Republic

Not applicable.

Egypt Small Flag Egypt

While the NTRA and ITDA have jurisdiction on any telecommunication, programming and other licensed activities undertaken in Egypt; the jurisdiction of the Supreme Media Council is debatable. As per general principles of law, the jurisdiction of the Supreme Media Council shall be limited to the Egyptian territory only. We believe Article 6 of the Press and Media Law is a reflection of the general principles of law. However, in practice, the Supreme Media Council gives a broader interpretation to its jurisdiction and extends it to websites established outside of Egypt.

Estonia Small Flag Estonia

Yes, in certain cases the requirements stipulated in Estonian legal acts may apply even when the activity takes place outside of Estonia. For example, the Estonian Information Society Services Act stipulates that the information society services provided through a place of business located in Estonia must meet the requirements arising from Estonian law, regardless of the Member State of the European Union or Member State of the European Economic Area in which the service is provided.

France Small Flag France

The platform operators fall under the regulations mentioned above solely for their supply of services in France.

China Small Flag China

As an initial matter, regulation has generally remained domestic, even in the case of legislative actions and technologies deployed to block access to certain foreign websites from within the PRC. However, some observers believe that CAC may currently be attempting to extend its reach outside the PRC, though it remains to be seen whether it will eventually do so in practice. For example, in draft measures recently released pursuant to the PRC Cybersecurity Law, not only are network operators within China who wish to transfer certain data overseas required to place contractual obligations on the recipients of such data, but one article purports to require overseas parties collecting certain data through the Internet to satisfy the PRC’s own domestic operator obligations. Notably, these draft measures have not taken effect and it is uncertain whether CAC will ultimately adopt the latter provision in the officially promulgated measures.

Israel Small Flag Israel

Israeli law is territorial, that is to say, it applies only within the territory of the State of Israel, unless otherwise expressly stated in a particular statute or statutory provision which may apply extra-territorially. Being a territorial law, the Communications Law and its licensing requirements apply only if the telecommunications installation is located within the territory of Israel. If it is within the State of Israel, such installation will be regulated and if it is located outside Israel, then the MOC does not have any authority as to the operation of a telecommunications action or service.

Italy Small Flag Italy

As a general principle, the competence of the Italian regulator is limited to Italian jurisdiction, provided that it will cover, at certain conditions, also services provided by operators domiciled abroad but addressed to Italian clients.

Japan Small Flag Japan

It depends on laws and regulations that are applicable to platform providers, but there are some laws and regulations containing a provision of extraterritorial application, which enables the regulator to enforce such laws and regulations against platform providers located outside of Japan (e.g., the Private Lodging Business Act and the APPI), but generally speaking, enforcement actions via-a-vis such platform providers located outside of Japan have not been so active.

Malaysia Small Flag Malaysia

Notwithstanding that the MCMC does not have jurisdiction outside of Malaysia, Section 269 of the CMA provides that the Minister may direct the MCMC regarding the interworking arrangements between the MCMC and any other authority in Malaysia or in a foreign jurisdiction, or any international organization.

Malta Small Flag Malta

No.

New Zealand Small Flag New Zealand

See above.

Indonesia Small Flag Indonesia

Law 11/2008 may apply to person located outside Indonesia provided that such person conducts any actions specified in Law 11/2008 and that the action brings legal impact in Indonesia and/or outside Indonesia provided that it affects the interest of among others the Indonesian citizen.

Pakistan Small Flag Pakistan

The mandate of both PTA and PEMRA are geographically restricted to Pakistan, however as above, the scope of PECA extends to every citizen of Pakistan, wherever he may be, and also to every other person for the time being in Pakistan; the same also applies to any act committed outside Pakistan by any person if the act constitutes an offence under the PECA and affects any (i) person, (ii) property, (iii) information system, or (iv) data in Pakistan.

Romania Small Flag Romania

Please see the answer to question 6 above.

South Korea Small Flag South Korea

Under the recently-amended TBA, the reach of the regulator will extend outside Korea if the regulator finds that the business activity in question affected the Korean market or Korean users.

Meanwhile, the KCC has actively enforced the Network Act against foreign companies that process the personal information of Koreans outside of Korea. As a case in point, in January 2014, the KCC imposed an administrative fine of KRW 212 million and issued a corrective order (to destroy any personal information collected illegally) against Google Inc. (headquartered in the United States) for collecting personal information without consent in connection with the operation of its Street View services. At that time, the KCC expressed its position that the KCC will continue to monitor foreign companies’ compliance with the requirements of the Network Act regarding protection of the personal information of Korean customers and enforce the requirements rigorously with respect to the companies.

Spain Small Flag Spain

Yes. The E-commerce Act, in addition to ISP(s) domiciled/resident or with a permanent establishment in Spain applies to:

a) ISP(s) established in another Member State or the European Economic Area ("EEA") when the services recipient is located in Spain and those affect one of the following matters: intellectual property, rights, advertising emission by investment institutions, insurances activities, consumers, applicable law, legality of email commercial communications; and

b) ISP(s) established outside the European Union or EEA provided that they directly offer their services to Spain except when it contravenes applicable international treaties.

Therefore platform providers not domiciled (or without permanent establishment) in Spain complying the requirements above and that infringe the E-commerce Act provisions might respond before the Spanish Court/regulator provided. For example, in case of intellectual property third party right's infringements, the Second Section of the Intellectual Property Commission of the Ministry of Culture ("Sección II de la Comisión de Propiedad Intelectual") will be the main body responsible for carrying out the proceeding of removing or blocking online content against non-compliance platform providers.

Sweden Small Flag Sweden

The responsibility to comply with the Bulletin Board Act is imposed on the provider of the service itself and not on the provider of infrastructure or hardware for the service. This means that, regardless of the server's location, one can be held responsible if one is a Swedish citizen or resides in Sweden as a foreigner.

Taiwan Small Flag Taiwan

The authority in charge of competition matters specifically declares that our competition law shall have extra-territorial effect. The tax authorities also require all “offshore” digital service providers to pay VAT and income tax in regard to the digital services that they provide to residents in Taiwan. The other authorities did not specifically declare or announce that whether their regulatory power shall be extended to outside of the jurisdiction of Taiwan but they may be contacting offshore platform providers for regulatory matters.

Turkey Small Flag Turkey

Yes. Turkish laws concerning online content are applicable to non-Turkish websites as well.

United Kingdom Small Flag United Kingdom

In April 2018 the European Commission proposed new rules to ensure transparency and fairness when dealing with platforms. The draft regulation will apply to online intermediaries, including: e-commerce marketplaces, app stores, price comparison tools and search engines. The EU Commission has also launched a public consultation on the issue of 'fake news'.

In Germany, rules set out that platforms with over two million users have to remove potentially illegal material within 24 hours of being notified or face fines of up to 50 million EUR.

United States Small Flag United States

N/A

Updated: July 25, 2019