NEPAL
Since March 2017, last amended in February 2018
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Online Media Operation Directive, 2073 (अनलाइन सञ्चारमाध्यम सञ्चालन निर्देशिका, २०७३)
According to Section 3 of the Online Media Operation Directive, online news companies are required to be registered with the Department of Information and Broadcasting to operate.
Coverage Online news
Sources
- https://web.archive.org/web/20221224185143/https://research.butmedia.org/wp-content/uploads/2016/06/OnlineDirective2073.pdf
- https://web.archive.org/web/20260422154448/https://digitalrightsnepal.org/newsletter/digital-rights-weekly-year-4-issue-45/
- https://web.archive.org/web/20251205123448/https://kathmandupost.com/national/2025/08/07/amendment-to-media-law-raises-a-host-of-questions
- https://web.archive.org/web/20241207190423/https://doib.gov.np/content/585/585-online-media-operation-direc/
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NEPAL
Since June 1995, as amended in March 2022
Pillar Content access |
Indicator Licensing schemes for digital services and applications
National Broadcasting Regulation, 2052 (राष्ट्रिय प्रसारण नियमावली, २०५२)
The National Broadcasting Regulation was amended in 2022 to incorporate Over-the-Top (OTT) services and internet television within the definition of "other means of communications." With this inclusion, the amended Regulation mandates that OTT and internet television providers obtain licences to operate their services in Nepal. The term "OTT" refers to the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms that utilise internet connectivity. In addition, "internet television" is defined as the regular transmission of self-produced audiovisual programmes via the internet.
Coverage Over-the-top and internet television providers
Sources
- https://web.archive.org/web/20241210173000/https://doib.gov.np/content/8867/8867-national-broadcasting-elevent/
- https://web.archive.org/web/20241210181618/https://english.onlinekhabar.com/amendment-national-broadcasting-rules.html
- https://web.archive.org/web/20241210161707/https://pradhanlaw.com/publications/amendment-to-the-national-broadcasting-rules-2052-1995-ad
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NEPAL
Since March 2023
Pillar Content access |
Indicator Licensing schemes for digital services and applications
IoT/ M2M Regulatory Framework, 2079
The Internet of Things/Machine-to-Machine Communication (IoT/M2M) Regulatory Framework, 2079, establishes a licensing and authorisation regime in Nepal for specific categories of IoT services. Under Art. 5.3(a), outdoor IoT/M2M services, defined in Art. 3.1(b) as services connected to the internet or a corporate intranet, are treated as value-added services (VAS) and therefore require an authorisation from the Nepal Telecommunications Authority (NTA). The Framework also provides, in Art. 5.4(a)–(c), for a separate special authorisation for IoT/M2M research and development (R&D) activities, limited to non-commercial purposes and granted for a limited period.
Art. 5.2(a) expressly states that indoor/private IoT/M2M services do not require a licence or authorisation. The Framework further indicates that licensed telecommunications operators do not need a separate licence to build and operate IoT/M2M networks. However, if they intend to act as IoT/M2M network providers for end users, they must obtain the Authority’s approval under Art. 5.1(b).
Art. 5.2(a) expressly states that indoor/private IoT/M2M services do not require a licence or authorisation. The Framework further indicates that licensed telecommunications operators do not need a separate licence to build and operate IoT/M2M networks. However, if they intend to act as IoT/M2M network providers for end users, they must obtain the Authority’s approval under Art. 5.1(b).
Coverage IoT services
NEPAL
Since January 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Data Center and Cloud Service (Operation and Management) Directives, 2081 (2025)
Pursuant to Art. 3 of the Data Center and Cloud Service (Operation and Management) Directives, data centre operators and cloud service providers must be listed with the Department of Information Technology before providing services. Any organisation intending to operate a data centre or provide cloud services must submit an application in the format prescribed by the Department. Existing data centre operators at the time the Directive enters into force must apply for mandatory registration in accordance with subsection (2), and existing cloud service providers must apply in accordance with subsection (3), in both cases within six months of commencement and accompanied by the documents specified in the relevant subsection.
Coverage Data centers and cloud services
NEPAL
Since November 2023
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Directives on the Operation of Social Networking, 2023 (सामाजिक सञ्जालको प्रयोगलाई व्यवस्थित गर्ने निर्देशिका, २०८०)
Under the Directives for Managing the Use of Social Networks, 2023, Nepal operates an authorisation regime based on registration for social network platform operators. Under Art. 3.1, any person, company, or institution intending to operate a social network platform must enlist the platform with the Ministry. The Ministry must issue a public notice for enlistment (Art. 3(2)), and existing platforms must enlist within 3 months of commencement (Art. 3(3)). Operators must apply using the prescribed format and supporting documents (Art. 3(4)–(6)), after which the Ministry issues an enlistment memorandum. Platforms that are not enlisted may be prohibited from operating in Nepal (Art. 3(7)).
In addition, Art. 6 requires the operator to arrange a point of contact in Nepal. Where a platform does not have an office in Nepal, it must establish an office or designate a local contact person.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that facilitate the exchange of ideas or information among individuals or organisations and enable the dissemination of user-generated content.
In addition, Art. 6 requires the operator to arrange a point of contact in Nepal. Where a platform does not have an office in Nepal, it must establish an office or designate a local contact person.
Art. 2 of the Directive defines SNPs as Internet or information technology-based operating systems available to the public, such as Facebook, TikTok, Viber, Pinterest, WhatsApp, Messenger, Instagram, YouTube, LinkedIn, WeChat, and others, that facilitate the exchange of ideas or information among individuals or organisations and enable the dissemination of user-generated content.
Coverage Social media platforms
Sources
- https://web.archive.org/web/20241118064041/https://giwmscdnone.gov.np/media/app/public/22/posts/1701329617_14.pdf
- https://web.archive.org/web/20231110092433/https://kathmandupost.com/national/2023/11/10/cabinet-passes-rules-to-regulate-social-media
- https://web.archive.org/web/20251030055326/https://www.lawgandhi.com/directives-for-managing-the-use-of-social-media/
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NEPAL
Since January 2025, entry into force in January 2025
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Data Center and Cloud Service (Operation and Management) Directives, 2081 (2025) (डाटा सेन्टर र क्लाउड सेवा (सञ्चालन र व्यवस्थापन) निर्देशन, २०८१ (२०२५))
Section 3.7 of the "Data Center and Cloud Service (Operation and Management) Directives, 2081 (2025)" provides that, in the context of government data centres and cloud service provision, the security agencies of the government of Nepal are mandatorily required to use data centre and cloud services operated by the Integrated Data Management Center. According to its official website, the Integrated Data Management Centre operates under the Department of Information Technology and serves as the government of Nepal's implementing agency. Furthermore, Section 3.9 stipulates that, upon the commencement of the Directives, government bodies operating data centres and cloud services on a departmental or agency basis shall transfer such facilities to the government data centre within the timeframe specified by the steering committee; however, where a government body submits a request, supported by sufficient justification, to operate a primary or secondary site, the steering committee may grant consent for the operation of such a site based on its suitability.
Coverage Public sector
NEPAL
Since September 2018
Pillar Cross-border data policies |
Indicator Conditional flow regime
Individual Privacy Act, 2075 (वैयक्तिक गोपनीयता सम्बन्धी ऐन, २०७५ )
Section 12.4 of the Privacy Act requires the consent of the data subject for the disclosing, making public, or transferring of the following data: details relating to a medical examination; details relating to property and income; further information relating to employment; details relating to family matters; biometric data and fingerprints; signatures or electronic signatures; further information concerning the political affiliation and voting; and further information about profession and business. The term 'transfer' may signify the transfer of personal data outside Nepal, thereby requiring specific consent from the individual. However, there is no clear evidence about the applicability of this requirement to cross-border data transfers.
Coverage Horizontal
NEPAL
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Nepal has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
NEPAL
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection law
Nepal lacks a comprehensive data protection regime. Nevertheless, the Individual Privacy Act 2075 (वैयक्तिक गोपनीयता सम्बन्धी ऐन, २०७५ ) enforces the constitutional right to privacy, incorporating provisions on the collection, storage, and disclosure of data, and mandates individual consent before the collection of personal information. Privacy in Nepal is further governed by the Individual Privacy Regulation 2077 (2020), which regulates the implementation of the Privacy Act, and the Data Act 2079 (2022), which regulates the generation, management, storage, and publication of data, delineating the responsibilities of data controllers, producers, and users.
Coverage Horizontal
NEPAL
Since June 1995, as amended in March 2022
Pillar Domestic data policies |
Indicator Minimum period for data retention
National Broadcasting Regulation, 2052 (राष्ट्रिय प्रसारण नियमावली, २०५२)
Rule 8 of the National Broadcasting Regulation stipulates that Over-the-Top (OTT) service providers must maintain a record of the programmes they transmit for a minimum of 60 days. In addition, these records must be made accessible to the Ministry of Communications and Information Technology and other governmental authorities for investigations. The term "OTT" refers to the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms that utilise internet connectivity.
Coverage Over-the-Top (OTT) service providers
NEPAL
Since December 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2063 (2008) (विद्युतीय (इलेक्ट्रोनिक) कारोबार ऐन, २०६३)
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 43, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content, knowing it contravenes the law.
Coverage Network service providers
NEPAL
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Nepal lacks a comprehensive regime for the protection of trade secrets. However, the Industrial Enterprises Act, 2076 (2020) contains general provisions that protect intellectual property, including trade secrets.
Coverage Horizontal
NEPAL
Since December 2006
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2063 (2008) (विद्युतीय (इलेक्ट्रोनिक) कारोबार ऐन, २०६३)
The Electronic Transactions Act establishes a safe harbour regime beyond intermediaries for copyright infringements. According to Art. 43 of the Act, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content knowing it contravenes the law.
Coverage Network service providers
NEPAL
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Nepal to deliver telecom services to end users. However, passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements.
It is further reported that the relevant legal framework is set out in the Telecommunications Infrastructure Sharing and Fee Determination Bylaw, 2078, and the Infrastructure Sharing Guideline, 2072. However, English versions of these instruments are not publicly available.
It is further reported that the relevant legal framework is set out in the Telecommunications Infrastructure Sharing and Fee Determination Bylaw, 2078, and the Infrastructure Sharing Guideline, 2072. However, English versions of these instruments are not publicly available.
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100013&e=NPL
- https://web.archive.org/web/20250515090248/http://www.nta.gov.np/uploads/contents/Infrastructure-Sharing-Bylaw-2078.pdf
- https://web.archive.org/web/20250413101755/https://www.nta.gov.np/uploads/contents/Infrastructure_sharing_Guideline.pdf
- https://web.archive.org/web/20260121163455/https://www.nepalitelecom.com/nta-infrastructure-sharing-price-determination-bylaw
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NEPAL
Reported in 2021, last reported in 2025
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Nepal imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20231129075451/https://toomanyadapters.com/buying-sim-card-nepal/
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