The Consumer Protection (Fair Trading) Order provides a comprehensive framework for consumer protection that also applies to online transactions.

Brunei has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Brunei enacted the Electronic Transactions Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Brunei has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Pursuant to Section 34 of the Telecommunications Order 2001, no person may offer for sale, sell, or possess for sale telecommunications equipment, or possess radiocommunications equipment, except in accordance with a licence granted under Section 5.
This requirement is operationalised by the Authority for Info-communications Technology Industry (AITI) through the Advisory Guidelines on Dealer Telecommunications Licence. Under Section 2.1.1 of the Guidelines, a Dealer Telecommunications Licence (DTL) authorises the licensee to import, lease, sell, offer for sale, or possess such equipment, while Section 2.2.1 restricts eligibility to businesses and companies established in Brunei Darussalam.
In addition, the commercial importation of telecommunications or radiocommunications equipment for resale is subject to further requirements, including Dealer Type Approval and a Dealer Import Permit. AITI issues the Dealer Import Permit only to holders of a valid Dealer Telecommunications Licence who have obtained the corresponding type approval for the equipment.

According to Art. 23 of the Broadcasting Act (Cap. 180), no person may import, offer for sale, sell, or possess for the purpose of sale any broadcasting equipment except under, and in accordance with, a valid licence.

The Authority for Info-communications Technology Industry of Brunei (AITI) requires type approval of telecommunication, radiocommunication and satellite equipment to be sold and used in Brunei. Overseas manufacturers are not allowed to possess a type-approval certificate. They can do so only through a local dealer/representative. Applicants seeking Dealer Type Approval must hold a valid Dealer Licence issued by AITI. All Type Approval certificates are renewable every five years. Still, it is necessary to inform AITI of any changes to the product, regardless of how minor they may be, and whether they might not affect the previous declaration/certificate (Section 9).

Section 14.1.c of the Personal Data Protection Order provides that an organisation may disclose an individual’s personal data without their consent in the circumstances, for the purposes, and subject to the conditions specified in Part 3 of Schedule 2. Part 3 of Schedule 2 permits, inter alia, the disclosure of personal data to a public agency where such disclosure is necessary in the public interest or for the purposes of policy formulation or review. It also authorises the disclosure of personal data to an officer of a prescribed law enforcement agency, provided that the officer produces written authorisation signed by the head or director of that agency, or by another person of equivalent seniority, certifying that the data is required for the performance of the officer’s functions or duties. No requirement for obtaining a court order in relation to these powers has been identified.
Under Notification of Commencement No. S 11, Section 14 and Schedule 2 are scheduled to enter into force on 1 January 2026.

Section 62 of the Telecommunications Order provides that the Authority for Info‑communications Technology Industry of Brunei Darussalam, or any officer duly authorised by the Authority, may, for the purpose of performing its functions under the Order, require any person to supply information in their possession relating to any telecommunication service or system, and may further require any person who has custody or control of any document concerning such a service or system either to transmit the document to the Authority for inspection or to provide a copy or extract of it. No requirement for obtaining a court order in relation to these powers has been identified.

A basic legal framework on intermediary liability for copyright infringement is absent in Brunei's law and jurisprudence. Although Section 10 of the Electronic Transactions Act protects the network service providers from liability concerning third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.

Pursuant to Sections 2.1 and 2.3 of the Code of Practice for the Registration of Mobile Prepaid Subscriber Identity Module (SIM) Cards (Mobile Prepaid SIM Cards Registration Code), mobile service providers must maintain accurate records of all prepaid SIM card users for identification purposes. At a minimum, these records must include the subscriber’s full name, identity card number, and address.
Section 2.3 further specifies the documentation required for registration by user category: (i) Brunei citizens and permanent residents must present a valid yellow identity card; (ii) foreign workers must present a valid green identity card, or a valid passport together with an employment pass; and (iii) visitors or tourists must present a valid original passport from their country of origin.

Pursuant to Section 2 of the Internet Code of Practice Notification, all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 are required to use their best efforts to ensure that no content made available on the Internet is contrary to the public interest or national harmony. This includes, inter alia, content that incites disaffection against the Sultan or the Government, or that is offensive to good taste or decency.

It is reported that the government of Brunei periodically blocks online content. Various laws are employed to restrict online content, including the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952, and the Sedition Act 1983. Additionally, the Broadcasting Authority can mandate the removal or prohibition of content that violates the Code of Practice.

Pursuant to Section 3(b) of the Broadcasting (Class Licence) Notification 2001, issued under Section 12 of the Broadcasting Act (Cap. 180), computer online services provided by Internet Content Providers (ICPs) and Internet Service Providers (ISPs) are classified as licensable broadcasting services subject to a class licence regime.
An “Internet Content Provider” is defined to include: (i) any individual in Brunei Darussalam who provides programmes on the World Wide Web for business, political, or religious purposes; and (ii) any corporation or group of individuals, whether incorporated or otherwise, that provides programmes on the World Wide Web, including web publishers and web server administrators.
Under this framework, ISPs are required to register with the Minister and to pay annual licence fees. By contrast, ICP registration is only required for specified categories, including political parties and entities engaged in political or religious matters relating to Brunei, as well as in cases where the Minister mandates registration by written notice, such as for ICPs operating online newspapers.