UZBEKISTAN
Since July 2019, entry into force in October 2019, last amended in 2023
Pillar Domestic data policies |
Indicator Framework for data protection
Law of the Republic of Uzbekistan on Personal Data - Act No. ЗРУ-547
(Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
(Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
The Law of the Republic of Uzbekistan on Personal Data provides for a comprehensive regime of data protection regime in Uzbekistan. It is the first unified data protection law and outlines requirements for data subjects' consent, the purposes of processing, and notifying data subjects when transferring their personal data to a third party. The excludes biometric, educational, criminal and health information, previously included in a draft version, from its application.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231205152858/https://lex.uz/docs/4831939
- https://web.archive.org/web/20231202205314/https://www.dataguidance.com/jurisdiction/uzbekistan
- https://web.archive.org/web/20240414185203/https://www.loc.gov/item/global-legal-monitor/2021-05-07/uzbekistan-new-requirements-for-uzbek-citizens-personal-data-localization-enter-into-force/
- https://web.archive.org/web/20230326194009/https://www.dlapiperdataprotection.com/index.html?t=law&c=UZ
- https://web.archive.org/web/20221206115028/https://azizovpartners.uz/en/memos/requirements-for-protection-of-personal-data-in-uzbekistan/
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UZBEKISTAN
Since April 2022
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law on Cybersecurity No. ORQ-764 (O‘zbekiston Respublikasining Qonuni
Kiberxavfsizlik to‘g‘risida)
Kiberxavfsizlik to‘g‘risida)
Art. 15 of the Law on Cybersecurity provides that operators of critical facilities must store a backup copy of all data from information systems and resources for at least three months. This requirement affects businesses that possess, operate or interoperate information systems used in critical facilities, including public administration and the provision of public services, defence, national security, law enforcement, fuel and energy industries (including nuclear energy), chemical and petrochemical industries, metallurgy, water management and water supply, agriculture, public health, housing and utility services, banking and finance, transportation, information and communication technologies, ecology and environmental protection, extraction and processing of minerals of strategic importance, manufacturing, other sectors of the economy and the social sphere.
Coverage Operators of critical facilities
UZBEKISTAN
Since July 2019
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Uzbekistan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in July 2019.
Coverage Horizontal
UZBEKISTAN
Since September 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law of the Republic of Uzbekistan on Trade Secrets - Act No. LRU-374 (Ўзбекистон Республикасининг Қонуни Тижорат Сири Тўғрисида)
Law LRU-374 provides a framework for the effective protection of trade secrets.
Coverage Horizontal
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Uzbekistan to deliver telecom services to end users. However, it is reported that passive sharing is practised in the mobile sector based on commercial agreements.
Coverage Telecommunications sector
UZBEKISTAN
Reported in 2022
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Prohibition of ownership and operation of an international gateway
Foreign operators are reportedly not permitted to own or operate an international gateway. The ownership and operation of international gateways are monopolised by Uzbektelecom, a state-controlled entity.
Coverage Telecommunications sector
UZBEKISTAN
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
The government owns shares in several telecommunications companies. In particular, 96.4% of the shares of Uzbektelecom JSC are held by Uzbek public institutions. In addition, three of the five mobile operators active in the mobile market are state-owned, namely Ucell (49% owned by the State Assets Management Agency of the Republic of Uzbekistan), Mobiuz (fully owned by the Ministry for Development of Information Technologies and Communications), and UzMobile (sub-brand of Uzbektelecom).
Coverage Telecommunications sector
UZBEKISTAN
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
Uzbekistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
UZBEKISTAN
Since July 2021, last amended in 2023
Since February 2022, entry into force in March 2022, last amended in 2023
Since February 2022, entry into force in March 2022, last amended in 2023
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law of the Republic of Uzbekistan No. LRU-701 on licensing, permitting and notification procedures (O‘zbekiston Respublikasining Qonuni Litsenziyalash, ruxsat berish va xabardor qilish tartib-taomillari to‘g‘risida)
Resolution of the Cabinet of Ministers No. 80 on approval of a unified regulation on the procedure for licensing certain types of activities through a special electronic system (O‘zbekiston Respublikasi Vazirlar Mahkamasining
qarori Maxsus elektron tizim orqali ayrim faoliyat turlarini litsenziyalash tartibi to‘g‘risidagi yagona nizomni tasdiqlash haqida)
Resolution of the Cabinet of Ministers No. 80 on approval of a unified regulation on the procedure for licensing certain types of activities through a special electronic system (O‘zbekiston Respublikasi Vazirlar Mahkamasining
qarori Maxsus elektron tizim orqali ayrim faoliyat turlarini litsenziyalash tartibi to‘g‘risidagi yagona nizomni tasdiqlash haqida)
It is reported that licensing can be an instrument of control in the telecommunications sector, that the process is often encumbered by political interests and has historically been marred by bribery. Annex No. 1 of Law No. LRU-701 lists the activities for which a licence is required, including design, construction, operation, and provision of services of telecommunications networks. In addition, Annex No. 15 of Resolution No. 80 lists the documents to be submitted for obtaining the license and establishes the licensing requirements and conditions to be met when carrying out licensed activities, including the licensee's participation in the implementation of national programs for the development of telecommunications to solve national problems, and the mandatory provision of services to consumers in rural areas, sparsely populated and hard-to-reach areas.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231222235641/https://freedomhouse.org/country/uzbekistan/freedom-net/2023
- https://web.archive.org/web/20240415091929/https://lex.uz/ru/docs/-5870213
- https://web.archive.org/web/20221217020022/https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://digital.gov.uz/en/pages/licensing/
- https://web.archive.org/web/20231210164325/https://www.trade.gov/country-commercial-guides/uzbekistan-licensing-requirements-professional-services
- https://web.archive.org/web/20231226212607/https://opennet.net/research/profiles/uzbekistan
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UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Uzbekistan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, the country is not a member of the WTO.
Coverage Telecommunications sector
UZBEKISTAN
Since December 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law on Investments and Investment Activity - No. LRU-598 (Ўзбекистон Республикасининг “Инвестициялар ва инвестиция фаолияти тўғрисида”ги қонуни)
Art. 46 of Law No. LRU-598 stipulates that legislation may impose restrictions or prohibitions on foreign investment in specific areas of the economy to safeguard public health, flora and fauna, the environment, and national security interests. Reports indicate that the government may conduct screening of foreign investments, particularly in strategic sectors such as telecommunications; however, the screening process lacks transparency.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220425010717/https://www.lex.uz/docs/4664144
- https://web.archive.org/web/20230705093613/https://lex.uz/docs/4598482
- https://web.archive.org/web/20221217020022/https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://web.archive.org/web/20221205204533/https://invest.gov.uz/investor/putevoditel-dlya-investora/
- https://web.archive.org/web/20230926144903/https://lex.uz/ru/docs/4751834
- https://web.archive.org/web/20231203045051/https://www.roedl.com/en-gb/de/media/publications/investment-guides/documents/investment-guide-usbekistan-roedl-partner.pdf
- https://web.archive.org/web/20231002160342/https://www.state.gov/reports/2023-investment-climate-statements/uzbekistan/
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UZBEKISTAN
Since August 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree of the President of the Republic of Uzbekistan on measures for cardinal improvement of investment climate in the Republic of Uzbekistan - No. DP-5495 (Ўзбекистон Республикасида Инвестиция Муҳитини Тубдан Яхшилаш Чора-Тадбирлари Тўғрисида)
According to Art. 6 of Decree No. 5495, the minimum size of the authorised capital of companies with foreign investment is UZS 400 million (approx. 33.000 USD), while it was previously UZS 600 million (approx. 48.500 USD).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220425010717/https://www.lex.uz/docs/4664144
- https://web.archive.org/web/20230705093613/https://lex.uz/docs/4598482
- https://web.archive.org/web/20221217020022/https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://web.archive.org/web/20221205204533/https://invest.gov.uz/investor/putevoditel-dlya-investora/
- https://web.archive.org/web/20230926144903/https://lex.uz/ru/docs/4751834
- https://web.archive.org/web/20231203045051/https://www.roedl.com/en-gb/de/media/publications/investment-guides/documents/investment-guide-usbekistan-roedl-partner.pdf
- https://web.archive.org/web/20231002160342/https://www.state.gov/reports/2023-investment-climate-statements/uzbekistan/
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UZBEKISTAN
Since May 1994, as amended in December 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of the Republic of Uzbekistan on Inventions, Utility Models and Industrial Designs Act No. 397-II (Ўзбекистон Республикасининг Қонуни Ихтиролар, Фойдали Моделлар Ва Саноат Намуналари Тўғрисида)
In accordance with Art. 35 of the Law No. 397-II, natural persons permanently residing outside the Republic of Uzbekistan or foreign legal entities can only apply for patents of industrial property objects through patent attorneys registered with the Agency for Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan. Also, it is reported that an application should be filed in Uzbek or Russian language. If the application is filed in any other foreign language, the translation into Uzbek or Russian thereof should be provided within two months from the date of filing.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/22558
- https://web.archive.org/web/20230328060646/https://mspcorporate.com/objects/patent-uzbekistan.htm
- https://web.archive.org/web/20230207010619/https://sojuzpatent.com/Invention-and-utility-model-registration/uzbekistan
- https://web.archive.org/web/20231205195500/https://www.ip-coster.com/IPGuides/patent-uzbekistan
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UZBEKISTAN
Since May 1994, as amended in December 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law of the Republic of Uzbekistan on Inventions, Utility Models and Industrial Designs Act No. 397-II (Ўзбекистон Республикасининг Қонуни Ихтиролар, Фойдали Моделлар Ва Саноат Намуналари Тўғрисида)
In accordance with Art. 35 of Law No. 397-II, natural persons permanently residing outside the Republic of Uzbekistan or foreign legal entities shall perform legally significant actions in connection with patents through patent attorneys registered with the Agency for Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan. Moreover, it is reported that while Uzbekistan’s legal framework for patent protection is generally sufficient, enforcement remains one of the biggest challenges.
Coverage Horizontal
UZBEKISTAN
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Uzbekistan is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes. It should be noted that this treaty was signed in 1970 when Uzbekistan was still part of the Soviet Union. Upon gaining independence, Uzbekistan issued a declaration of continued application, with the date of entry into force set as December 1991, corresponding to the country's independence.
Coverage Horizontal
