BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BRUNEI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Brunei does not have a comprehensive framework in place that provides effective protection of trade secrets, but trade secrets may be protected under contracts and by an action in breach of confidence as the country follows the common law model.
Coverage Horizontal
BRUNEI
Since January 2001
Since April 2020
Since April 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Order 2001 (Perintah Telekomunikasi, 2001 (S 13/2002))
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
According to Art. 22 of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam (AITI) may direct any telecommunications licensee to coordinate and cooperate with another person, in such manner and on such terms as the Authority may determine, in relation to the use or sharing of any telecommunications installation, plant, system, or part thereof.
In addition, acting under the powers conferred by Section 26(1) of the Telecommunications Order 2001, AITI has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which further establishes infrastructure-sharing obligations, including those set out in Section 7.
In addition, acting under the powers conferred by Section 26(1) of the Telecommunications Order 2001, AITI has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which further establishes infrastructure-sharing obligations, including those set out in Section 7.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230624053202/https://aiti.gov.bn/media/sxnd3ode/1a-competition-code.pdf
- https://web.archive.org/web/20221008034040/http://www.bruneiresources.com/pdf/gazette_complete_2001.pdf
- https://web.archive.org/web/20240612052123/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2018/B039.pdf
- https://datahub.itu.int/data/?i=100014
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BRUNEI
Since March 2006
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
Pursuant to Section 3.4 of the Licensing and Regulatory Framework, foreign persons are prohibited from holding a majority shareholding or exercising control, whether directly or indirectly, in a company applying for a licence to provide telecommunications services. This restriction applies to both Infrastructure Provider for the Telecommunications Industry (INTI) licences and Service Provider for the Telecommunications Industry (SETI) licences.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220624210712/https://www.aiti.gov.bn/Shared%20Documents/AITI%20Operational%20Framework.pdf
- https://web.archive.org/web/20251212054555/https://www.aiti.gov.bn/media/ihdbk3w1/guidelines-for-inti-licence-application.pdf
- https://web.archive.org/web/20251208051824/https://aiti.gov.bn/media/r53mw2qt/guidelines-for-seti-licence-application.pdf
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BRUNEI
Reported in 2019, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the telecommunications industry is dominated by government-linked companies. Among these are Datastream Digital, Imagine, and Progresif. In 2019, the government consolidated the infrastructure of all three companies under a state-owned wholesale network operator called Unified National Networks (UNN). The UNN is a wholly government-owned enterprise.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260226065447/https://www.state.gov/reports/2025-investment-climate-statements/brunei
- https://web.archive.org/web/20260309024010/https://unn.com.bn/about
- https://www.aiti.gov.bn/licences/infrastructure-provider-for-the-telecommunication-industry-inti-licence/
- https://web.archive.org/web/20191114002751/https://www.aiti.gov.bn/SitePages/Competition-Management.aspx
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BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Brunei does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market. However, according to the Market Review Guidelines, accounting separation is among the remedies that the Authority for Info-communications Technology Industry (AiTi) may impose for companies with SMP.
Coverage Telecommunications sector
BRUNEI
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Brunei has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Authority for Info-communications Technology Industry (AiTi), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
BRUNEI
Since September 2014, last amended in August 2015
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Policy, 2014 (Polisi Perlindungan Data Negara Brunei Darussalam)
The Data Protection Policy (DPP) applies only to public agencies, including government Ministries and Departments, educational institutions and statutory bodies. Section 18 provides that the agencies can transfer personal data to a party outside of Brunei only if:
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient in a manner inconsistent with the DPP.
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient in a manner inconsistent with the DPP.
Coverage Public sector
BRUNEI
Since January 2025, entry into force in January 2026
Pillar Cross-border data policies |
Indicator Conditional flow regime
Personal Data Protection Order, 2025 (Perintah Perlindungan Data Peribadi, 2025)
Section 24 of the Personal Data Protection Order provides that an organisation may not transfer personal data to any country outside Brunei unless the transfer is carried out in accordance with prescribed requirements intended to ensure that the data receives a standard of protection comparable to that afforded under the Order. The Authority may, upon application by an organisation, issue a written notice granting an exemption from any such requirement, and may impose conditions on the exemption as it considers appropriate. Any exemption or condition may be added to, varied, or revoked by the Authority at any time.
Under Notification of Commencement No. S 11, Section 24 is scheduled to enter into force on 1 January 2026.
Under Notification of Commencement No. S 11, Section 24 is scheduled to enter into force on 1 January 2026.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250717184252/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%201_2025%20%5BE%5D.pdf
- https://web.archive.org/web/20260120094231/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2011_2025%5BE%5D.pdf
- https://www.dataguidance.com/opinion/brunei-darussalam-personal-data-protection-order
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BRUNEI
Signed in March 2018, entry into force in July 2023
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Brunei has joined an agreement with binding commitments to open data transfers across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20250425023716/https://www.mofe.gov.bn/Shared%20Documents/pdf/Trade%20Facilitation%20and%20Promotion/14.%20Electronic%20Commerce.pdf
- https://web.archive.org/web/20250425024222/https://www.mofe.gov.bn/Lists/News/NewDispForm.aspx?ID=492&
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BRUNEI
Since January 2025, entry into force in January 2026
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Order, 2025 (Perintah Perlindungan Data Peribadi, 2025)
The Personal Data Protection Order establishes a comprehensive framework for the protection of personal data in Brunei. The Order designates the Authority for Info‑Communications Technology Industry of Brunei Darussalam (AITI) as the supervisory body responsible for the enforcement and administration of all data protection laws and regulations. Notifications of Commencement No. S 10 and No. S 11 specify the dates on which the different parts of the Order are scheduled to take effect, with the legislation set to come fully into force on 1 January 2026.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250717184252/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%201_2025%20%5BE%5D.pdf
- https://web.archive.org/web/20260120095923/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2010_2025%5BE%5D.pdf
- https://web.archive.org/web/20260120094231/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2011_2025%5BE%5D.pdf
- https://www.dataguidance.com/jurisdictions/brunei-darussalam
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BRUNEI
Since January 2025, entry into force in January 2026
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Order, 2025 (Perintah Perlindungan Data Peribadi, 2025)
Pursuant to Art. 7(c) of the Personal Data Protection Order, 2025, organisations must designate one or more individuals to take responsibility for ensuring compliance with the Order. Although the Order was published in January 2025, it provides for phased commencement through Gazette notifications. Accordingly, Part 3, including Art. 7, entered into force on 1 January 2026, rather than on the publication date.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250717184252/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%201_2025%20%5BE%5D.pdf
- https://web.archive.org/web/20260120095923/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2010_2025%5BE%5D.pdf
- https://web.archive.org/web/20260120094231/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2011_2025%5BE%5D.pdf
- https://www.dataguidance.com/jurisdictions/brunei-darussalam
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BRUNEI
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0.03%
Coverage rate of zero-tariffs on ICT goods (%)
97.36%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
