Pursuant to Section 4 of the Foreign Direct Investment Regulations 2025, foreign direct investment is permitted in all sectors except those enumerated in Schedule III. This schedule encompasses, inter alia, news media and “activities included in the Prohibited List of the Royal Government.” The latter list could not be found online, and therefore, it remains uncertain whether the activities specified in Schedule IV extend to the digital domain.

Section 5 of the Foreign Direct Investment Regulations 2025 distinguishes between: (1) “Priority Sector Activities” in the manufacturing and service sectors listed in Schedules I and II; and (2) “Other Activities” not listed in those Schedules. Under Section 7, for “Other Activities”, the maximum foreign investor shareholding is capped at 74% equity. The limit, therefore, applies to virtually all sectors of the economy. Moreover, there is an explicit cap of 74% for the manufacturing of electronics (schedule I) and for cross-border electronic payments and money transmission services (schedule II).
In addition, the Regulations permit FDI in an existing domestic entity on the same terms and conditions applicable to new entities, subject to the same 74% cap on foreign investor shareholding.

Brunei enacted the Electronic Transactions Act, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

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

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is BND 400 (approx. USD 300), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).

According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.

The Consumer Protection (Fair Trading) Order provides a comprehensive framework for consumer protection that also applies to online transactions.

Brunei has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Section 14.1.c of the Personal Data Protection Order provides that an organisation may disclose an individual’s personal data without their consent in the circumstances, for the purposes, and subject to the conditions specified in Part 3 of Schedule 2. Part 3 of Schedule 2 permits, inter alia, the disclosure of personal data to a public agency where such disclosure is necessary in the public interest or for the purposes of policy formulation or review. It also authorises the disclosure of personal data to an officer of a prescribed law enforcement agency, provided that the officer produces written authorisation signed by the head or director of that agency, or by another person of equivalent seniority, certifying that the data is required for the performance of the officer’s functions or duties. No requirement for obtaining a court order in relation to these powers has been identified.
Under Notification of Commencement No. S 11, Section 14 and Schedule 2 are scheduled to enter into force on 1 January 2026.

Section 62 of the Telecommunications Order provides that the Authority for Info‑communications Technology Industry of Brunei Darussalam, or any officer duly authorised by the Authority, may, for the purpose of performing its functions under the Order, require any person to supply information in their possession relating to any telecommunication service or system, and may further require any person who has custody or control of any document concerning such a service or system either to transmit the document to the Authority for inspection or to provide a copy or extract of it. No requirement for obtaining a court order in relation to these powers has been identified.

A basic legal framework on intermediary liability for copyright infringement is absent in Brunei's law and jurisprudence. Although Section 10 of the Electronic Transactions Act protects the network service providers from liability concerning third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.

Pursuant to Sections 2.1 and 2.3 of the Code of Practice for the Registration of Mobile Prepaid Subscriber Identity Module (SIM) Cards (Mobile Prepaid SIM Cards Registration Code), mobile service providers must maintain accurate records of all prepaid SIM card users for identification purposes. At a minimum, these records must include the subscriber’s full name, identity card number, and address.
Section 2.3 further specifies the documentation required for registration by user category: (i) Brunei citizens and permanent residents must present a valid yellow identity card; (ii) foreign workers must present a valid green identity card, or a valid passport together with an employment pass; and (iii) visitors or tourists must present a valid original passport from their country of origin.

Pursuant to Section 2 of the Internet Code of Practice Notification, all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 are required to use their best efforts to ensure that no content made available on the Internet is contrary to the public interest or national harmony. This includes, inter alia, content that incites disaffection against the Sultan or the Government, or that is offensive to good taste or decency.

It is reported that the government of Brunei periodically blocks online content. Various laws are employed to restrict online content, including the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952, and the Sedition Act 1983. Additionally, the Broadcasting Authority can mandate the removal or prohibition of content that violates the Code of Practice.