Section 8 of the Foreign Direct Investment Regulations 2019 provide that, in sectors where foreign investment is allowed, there are minimum project costs, with the exception of certain sectors in Schedules I-III that can have different requirements. The minimum project cost is set at BTN 50 million (approx. USD 600,000) in the manufacturing sector and BTN 25 million (approx. USD 300,000) in the service sector. Schedule I explicitly mentions that manufacturing of (i) electronics, (ii) electricals, and (iii) computer hardware is subject to a minimum project cost of BTN 50 million (approx. USD 600,000).

According to Schedule II of the Foreign Direct Investment Regulations 2019, the minimum project cost for FDI in IT park development activities is BTN 200 million (approx. USD 2,300,000).

According to Sections 143 and 144 of the Bhutan Information, Communications and Media Act 2018, foreign direct investment (FDI) in the ICT and media sector may be approved by the Cabinet, taking into account all relevant circumstances, including national interest and the prevailing FDI policy. On the basis of a written government policy, the Bhutan InfoComm and Media Authority (BICMA) is then empowered to issue licences permitting the participation of foreign companies in the ICT and media sector, subject to such terms and conditions as it may determine from time to time.
Section 464 of the Act further defines the scope of ICT services. These include: (i) telecommunications services, such as public telephony, telegraphy, facsimile, cellular telephony, and pay-phone/communication services; (ii) broadcasting services, including mobile satellite and subscription broadcasting; (iii) information technology services, such as internet services, webcasting, e-mail, and other electronic services; (iv) Internet Protocol (IP) telephony; (v) digital library and commercial information services; and (vi) network-based information and related specialised professional services provided by electronic means, public switched data, and other similar services.

According to Art. 35 of the Industrial Property Act of the Kingdom of Bhutan, where an applicant’s ordinary residence or principal place of business is outside Bhutan, the applicant must be represented either by a legal practitioner resident and practising in Bhutan or by a person duly registered as an industrial property agent.
Art. 60 of the Industrial Property Rules further specifies that both legal practitioners and other persons may apply for registration as industrial property agents. The requirements for registration include, inter alia, that the applicant must (i) be a citizen of Bhutan; (ii) be not less than 22 years of age; (iii) be a graduate of a university recognised by Bhutan or possess an equivalent qualification; or (iv) be a certified Bhutanese legal counsel licensed to practise before the courts of Bhutan (these legal counsels are referred to as 'jabmi' in the country).

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

Bahrain has enacted national legislation, namely the Electronic Communications and Transactions Law, which is derived from or informed by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

In accordance with Law No. 81 of 2006 with respect to Approving the Common Industrial Law of the Gulf Cooperation Council (GCC), Bahrain imposes a regime for import licensing for certain products. Importers of several products must obtain an industrial licence from the Ministry of Industry, Commerce, and Tourism (MoICT), which can be issued only to a firm or an individual resident in Bahrain. It is valid for one year (renewable) and is transferable between importers. This requirement applies to importers of several products, including electric motors, generators, transformers, and electricity distribution and control apparatus; batteries and accumulators; wiring and wiring devices; electric lighting equipment; domestic appliances, other electric equipment; and machinery and equipment.

Self-certification is allowed in Bahrain for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). The country allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC). It is reported that, when applying for equipment type approval, the submission must include a manufacturer’s declaration of conformity, together with electromagnetic compatibility (EMC) and radio-frequency safety test reports issued by an internationally accredited telecommunications laboratory. These documents shall support the conformity assessment and be accompanied by a detailed technical description of the equipment and its associated units, including the frequencies that may be tuned or utilised.

Arts. 1 and 2 of Decision No. 51 of 2024 authorise engagement in the commercial activities enumerated in Table No. 1 through a virtual commercial store, subject to assessment by the competent directorate of the Ministry of Industry and Commerce and the nature of the activity for which the licence is sought; applicants must be Bahraini nationals, operate exclusively as a sole proprietorship, and provide a permanent correspondence address. Art. 4 requires licence holders conducting online sales to maintain an operational website and prohibits them from trading in any products listed in Table No. 2, while Art. 5 forbids the recruitment of foreign labour for licensed activities. Table No. 1 includes, among others, online sales.

It is reported that the de minimis threshold, defined as the minimum value of goods below which customs authorities do not levy duties, is 300 BHD (approximately USD 800). However, this threshold applies exclusively to business-to-consumer (B2C) consignments, whereas for business-to-business (B2B) transactions no de minimis threshold exists.

It is reported that the registration of “.bh” and “.com.bh” domain names requires the presence of a local representative. Also, each applicant is permitted to register only a single domain name.

Law No. 35 of 2012 on Consumer Protection, together with its Executive Regulations, the Law on Electronic Communications and Transactions, and supplementary legislation, establishes a comprehensive legal framework for consumer protection, which extends to online transactions.

Bahrain has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

The Electronic Communications and Transactions Act governs electronic transactions and establishes a safe harbour regime for intermediaries extending beyond issues of copyright infringement. Section 24 stipulates that an intermediary shall not bear civil or criminal liability for any third-party information contained in electronic records, provided that the intermediary did not originate the information and merely offers access to or storage of it. This exemption from liability is conditional upon the following:
- The intermediary has no knowledge that the information gives rise to civil or criminal liability.
- The intermediary is unaware of any facts or circumstances that would ordinarily indicate the potential for civil or criminal liability.
- Upon acquiring such knowledge, the intermediary promptly removes the information from any information system within their control and ceases to offer or provide access to or storage of the information in question.