LAOS
Since May 2017
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law on Electronic Data Protection (ກົດໝາຍວ່າດ້ວຍການປົກປ້ອງຂໍ້ມູນເອເລັກໂຕຣນິກ)
The Law on Electronic Data Protection specifies that the delivery or transfer of data must be performed as follows:
- with the consent of the data subject and guarantee that the transferee can protect such data;
- with the encryption of important information, such as financial, accounting, and investment data and with the electronic certificate issued by the Ministry of Posts and Telecommunication (Art. 25);
- without forging the source of data sent or transferred;
- that the transfer must be in accordance with the agreement of the transferee and transferor; and
- that the transfer must be stopped upon refusal by the transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of the data subject and compliance with the law (Art. 17).
- with the consent of the data subject and guarantee that the transferee can protect such data;
- with the encryption of important information, such as financial, accounting, and investment data and with the electronic certificate issued by the Ministry of Posts and Telecommunication (Art. 25);
- without forging the source of data sent or transferred;
- that the transfer must be in accordance with the agreement of the transferee and transferor; and
- that the transfer must be stopped upon refusal by the transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of the data subject and compliance with the law (Art. 17).
Coverage Horizontal
LAOS
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
Laos has not joined any agreement with binding commitments to open transfers of data across borders. Art. 12.15 of the Regional Comprehensive Economic Partnership (RCEP) recognises that each party may maintain its own regulatory requirements governing cross‑border transfers of information by electronic means and stipulates that such transfers shall not be restricted when undertaken for the conduct of business by a covered person; however, the article simultaneously allows parties to adopt or maintain any measures they themselves deem necessary to achieve a legitimate public policy objective, as well as any measures necessary to protect essential security interests, with the parties expressly affirming that the determination of such necessity lies solely with the implementing party and that such measures shall not be subject to dispute. It is reported that this formulation enables the parties to preserve their domestic data‑control regime under the rubric of national security without risking inter‑state disputes, and that the relative weakness of Chapter 12 renders its provisions largely ineffectual in facilitating the liberalisation of cross‑border data flows, particularly because the clause entrusting necessity assessments to the implementing party effectively permits any measure to be characterised as legitimate at that party’s discretion.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260108205952/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_2025.xlsx
- https://web.archive.org/web/20250927032823/https://asean.org/wp-content/uploads/2024/10/Regional-Comprehensive-Economic-Partnership-RCEP-Agreement-Full-Text.pdf
- https://web.archive.org/web/20260317152539/https://moderndiplomacy.eu/2024/11/30/cross-border-data-flows-under-rcep-striking-a-balance-between-security-and-competitiveness/
- https://web.archive.org/web/20260317153111/https://www.cigionline.org/articles/digital-trade-rcep-wtos-future/
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LAOS
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Laos does not maintain a comprehensive, overarching legal regime governing all forms of personal data; rather, it adopts a sectoral approach to regulation. Data protection in Laos is principally regulated through sector-specific legislation, most notably the Law on Electronic Data Protection and its implementing regulations. The existing legal framework is narrowly focused on data privacy in the context of digital or electronic data, without extending to non-electronic forms of information. Under the Law on Electronic Data Protection, the Ministry of Technology and Communications is designated as the competent authority responsible for matters relating to the protection of electronic data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260514231943/http://lsp.moic.gov.la/?r=site/displaylegal&id=289
- https://web.archive.org/web/20260514233123/https://multilaw.com/Multilaw/Multilaw/Data_Protection_Laws_Guide/DataProtection_Guide_Laos.aspx
- https://web.archive.org/web/20260514233202/https://www.dlapiperdataprotection.com/?c=LA
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LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 38/NA of 15 November 2017, on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017)
Laos has a clear regime of copyright exceptions that follows fair use, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 115 of the Law on Intellectual Property Rights lists exceptions that include: the quotation of a publicly available work, provided that it conforms to the principles of fair use and the scope of the quotation is justified for the intended purpose; the use of literary or artistic works to illustrate publications, broadcasts or recordings for educational or scientific research purposes; the translation of literary works into Braille or other characters for visually impaired persons is a permitted use of copyrighted material; among others.
Coverage Horizontal
LAOS
Last reported in 2026
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported IP enforcement and piracy concerns
Weak enforcement of existing legislation is reported to exacerbate challenges such as intellectual property theft, thereby undermining confidence in the digital ecosystem. In Laos, intellectual property protection remains at a nascent stage of development, with no recorded instances to date of successful enforcement actions against operators engaged in digital piracy. Rights holders continue to identify concerns relating to entities based in Laos that distribute pirated content both domestically and to neighbouring territories. The most prominent example is reported to be LaoSAT, a government-affiliated entity, which is said to continue broadcasting unauthorised content from various rights holders, primarily via satellite transmission.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of adoption of the WIPO Copyright Treaty
Laos has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of adoption of the WIPO Performances and Phonograms Treaty
Laos has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Laos does not possess a comprehensive legal framework to ensure the effective protection of trade secrets, though certain measures exist to address related issues. Art. 53 of Law No. 50/NA of 20 November 2023 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ 50/ສພຊ, ລົງວັນທີ 20 ພະຈິກ 2023), defines the rights of trade secret proprietors. According to Art. 20, a trade secret is characterised as "secret information which cannot be disclosed regarding a formula, production process, or any information that has commercial value by virtue of not being known among or readily accessible to individuals within the circles that normally deal with the type of information in question." This legislation came into force in January 2024, superseding Law No. 38/NA of 15 November 2017 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017), which included similar provisions in Arts. 20 and 61.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/22624
- https://web.archive.org/web/20240925191607/http://laoofficialgazette.gov.la/kcfinder/upload/files/50%20%E0%BA%AA%E0%BA%9E%E0%BA%8A%2020.11.2023.pdf
- https://web.archive.org/web/20231222180239/https://internationalipcooperation.eu/sites/default/files/arise-docs/2019/Lao-PDR_Law-on-Intellectual-Property-No-38_15-11-2017_Eng.pdf
- https://www.lexology.com/library/detail.aspx?g=db6fe766-a1e0-48b1-a21a-15edf342c3ad
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LAOS
Since January 2022
Since January 2022
Since January 2022
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Information Technology Agreement (ITA)
ITA Expansion Agreement (ITA II)
ITA Expansion Agreement (ITA II)
Lao PDR is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/news21_e/ita_02dec21_e.htm
- 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
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LAOS
Since January 2004
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Decree of the Prime Minister on Government Procurement of Goods, Construction, Maintenance and Services No. 03/PM
Art. 9 of the Decree of the Prime Minister on Government Procurement of Goods, Construction, Maintenance and Services No. 03/PM stipulates that the use of the national budget for the procurement of foreign goods is not authorised if such goods can be produced locally at equal quality. The regulation also states that local firms are given priority in public procurements of goods, works, and services financed in full with domestic funds. Local firms that are not affiliated with foreign firms and that supply goods, works, and services of equal quality to local firms are given preferential rights in competitive bidding.
Coverage Horizontal
LAOS
Since November 2017
Since February 2019
Since February 2019
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 30/NA on Public Procurement, 2017 (ກົດໝາຍວ່າດ້ວຍ ການຈັດຊື້)
Instruction No. 0477/MOF on Implementation of Law on Public Procurement
Instruction No. 0477/MOF on Implementation of Law on Public Procurement
Art. 45 of Law No. 30/NA provides that contractors, suppliers or consultants meeting all conditions must be given domestic preference and considered to be awarded the contracts. Clause 14 of Instruction No. 0477/MOF clarifies that domestic preference should apply for international open bidding (international competitive bidding) only, and such given domestic preference must be stipulated in the bidding documents through the following conditions:
- For works and/or maintenance: if a local bidder’s bid price does not exceed 7.5% of an international bidders bid price, the local bidder must be considered as the winning bidder for works and/or maintenance.
- Supply of goods: if, as a result of a comparison, the lowest evaluated bid is a bid from Group C (bids offering goods manufactured abroad and will be directly imported), all bids from Group C must be further compared with the lowest evaluated bid from Group A (bids offering domestically manufactured goods) after adding to the evaluated price of goods offered in each bid from Group C, for the purpose of this further comparison only, an amount not to exceed 15% of the respective bid price. The lowest evaluated price from the final comparison must be selected for the award.
- For works and/or maintenance: if a local bidder’s bid price does not exceed 7.5% of an international bidders bid price, the local bidder must be considered as the winning bidder for works and/or maintenance.
- Supply of goods: if, as a result of a comparison, the lowest evaluated bid is a bid from Group C (bids offering goods manufactured abroad and will be directly imported), all bids from Group C must be further compared with the lowest evaluated bid from Group A (bids offering domestically manufactured goods) after adding to the evaluated price of goods offered in each bid from Group C, for the purpose of this further comparison only, an amount not to exceed 15% of the respective bid price. The lowest evaluated price from the final comparison must be selected for the award.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230402111448/http://ppmd.mof.gov.la/storage/1632981237.Laos%20PDR%20Public%20Procurement%20Law_English[23].pdf
- https://web.archive.org/web/20220813115629/https://www.mof.gov.la/wp-content/uploads/2020/06/Instruction-of-law-on-public-procurement_Eng-1.pdf
- https://docs.wto.org/dol2fe/Pages/SS/directdoc.aspx?filename=q:/WT/TPR/S394R1.pdf&Open=True
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LAOS
Reported in 2021, last reported in 2026
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Reported lack of transparency in public procurement
Procurement procedures in Laos are reported to lack transparency. With limited exceptions, government acquisitions are generally neither publicly advertised in advance nor conducted through open bidding processes. Nevertheless, there are indications that niche opportunities exist for direct private sales to governmental entities, as evidenced by past transactions in sectors such as telecommunications. Although the government has issued directives ostensibly mandating open and competitive tendering for all publicly financed procurement and projects, these requirements are not consistently implemented in practice.
Coverage Horizontal
LAOS
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Laos is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
LAOS
Since April 2021, entry into force in June 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree on Electronic Commerce, No. 296/GOL (ດຳລັດວ່າດ້ວຍການຄ້າເອເລັກໂຕຣນິກ)
Art. 9 of Decree No. 296/GOV stipulates that foreign shareholders are prohibited from holding more than 90% of the shares of the legal entity operating an electronic marketplace.
Coverage E-commerce sector
LAOS
Since April 2021, entry into force in June 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree on Electronic Commerce, No. 296/GOL (ດຳລັດວ່າດ້ວຍການຄ້າເອເລັກໂຕຣນິກ)
According to Art. 9 of Decree No. 296/GOV, foreign investment in e-commerce requires a minimum registered capital of LAK 10 billion (approx. USD 1 million) and is subject to a maximum limit of 90% of the entity’s shares.
Coverage E-commerce
