BRUNEI
Reported in 2013, last reported in 2023
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of online content
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260227054227/https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/brunei/
- https://web.archive.org/web/20260131055239/https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/brunei/
- https://web.archive.org/web/20260117222745/https://unctad.org/system/files/official-document/dtlstict2013d1_en.pdf
- https://web.archive.org/web/20220624120126/https://www.aiti.gov.bn/SitePages/Content-Regulation.aspx
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BRUNEI
Since February 2001
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Broadcasting (Class Licence) Notification, 2001 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
Pursuant to Section 3(b) of the Broadcasting (Class Licence) Notification 2001, issued under Section 12 of the Broadcasting Act (Cap. 180), computer online services provided by Internet Content Providers (ICPs) and Internet Service Providers (ISPs) are classified as licensable broadcasting services subject to a class licence regime.
An “Internet Content Provider” is defined to include: (i) any individual in Brunei Darussalam who provides programmes on the World Wide Web for business, political, or religious purposes; and (ii) any corporation or group of individuals, whether incorporated or otherwise, that provides programmes on the World Wide Web, including web publishers and web server administrators.
Under this framework, ISPs are required to register with the Minister and to pay annual licence fees. By contrast, ICP registration is only required for specified categories, including political parties and entities engaged in political or religious matters relating to Brunei, as well as in cases where the Minister mandates registration by written notice, such as for ICPs operating online newspapers.
An “Internet Content Provider” is defined to include: (i) any individual in Brunei Darussalam who provides programmes on the World Wide Web for business, political, or religious purposes; and (ii) any corporation or group of individuals, whether incorporated or otherwise, that provides programmes on the World Wide Web, including web publishers and web server administrators.
Under this framework, ISPs are required to register with the Minister and to pay annual licence fees. By contrast, ICP registration is only required for specified categories, including political parties and entities engaged in political or religious matters relating to Brunei, as well as in cases where the Minister mandates registration by written notice, such as for ICPs operating online newspapers.
Coverage Computer online services
BRUNEI
Since May 2001, entry into force in April 2006
Since April 2022
Since April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Order, 2001 (S 38/2001) (Perintah Telekomunikasi, 2001 (S 38/2001))
Advisory Guidelines on Dealer Telecommunications License
Advisory Guidelines on Dealer Telecommunications License
Pursuant to Section 34 of the Telecommunications Order 2001, no person may offer for sale, sell, or possess for sale telecommunications equipment, or possess radiocommunications equipment, except in accordance with a licence granted under Section 5.
This requirement is operationalised by the Authority for Info-communications Technology Industry (AITI) through the Advisory Guidelines on Dealer Telecommunications Licence. Under Section 2.1.1 of the Guidelines, a Dealer Telecommunications Licence (DTL) authorises the licensee to import, lease, sell, offer for sale, or possess such equipment, while Section 2.2.1 restricts eligibility to businesses and companies established in Brunei Darussalam.
In addition, the commercial importation of telecommunications or radiocommunications equipment for resale is subject to further requirements, including Dealer Type Approval and a Dealer Import Permit. AITI issues the Dealer Import Permit only to holders of a valid Dealer Telecommunications Licence who have obtained the corresponding type approval for the equipment.
This requirement is operationalised by the Authority for Info-communications Technology Industry (AITI) through the Advisory Guidelines on Dealer Telecommunications Licence. Under Section 2.1.1 of the Guidelines, a Dealer Telecommunications Licence (DTL) authorises the licensee to import, lease, sell, offer for sale, or possess such equipment, while Section 2.2.1 restricts eligibility to businesses and companies established in Brunei Darussalam.
In addition, the commercial importation of telecommunications or radiocommunications equipment for resale is subject to further requirements, including Dealer Type Approval and a Dealer Import Permit. AITI issues the Dealer Import Permit only to holders of a valid Dealer Telecommunications Licence who have obtained the corresponding type approval for the equipment.
Coverage Telecommunications and radiocommunications equipment
Sources
- https://web.archive.org/web/20260403161939/https://www.mtic.gov.bn/Documents/Acts%20and%20Orders/Telecommunications%20Order,2001.pdf
- https://web.archive.org/web/20230330152818/https://www.aiti.gov.bn/media/f2fnectk/dealertl_advisoryguideline_05042022_final-clean.pdf
- https://www.aiti.gov.bn/licences-and-permits/equipment-importation/dealer-import-permit/
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BRUNEI
Since March 1997, last amended in October 2000
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
According to Art. 23 of the Broadcasting Act (Cap. 180), no person may import, offer for sale, sell, or possess for the purpose of sale any broadcasting equipment except under, and in accordance with, a valid licence.
Coverage Broadcasting equipment
Sources
- https://web.archive.org/web/20221114215925/http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp.180.pdf
- https://web.archive.org/web/20251215024752/https://tradingacrossborders.mofe.gov.bn/SitePages/import-step2.aspx
- https://web.archive.org/web/20260309024812/https://www.aseanbriefing.com/news/import-and-export-procedures-in-brunei-best-practices/
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BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Authority for Info-communications Technology Industry (AiTi), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
BRUNEI
Since September 2014, last amended in August 2015
Pillar Cross-border data policies |
Indicator Conditional flow regime
Data Protection Policy, 2014 (Polisi Perlindungan Data Negara Brunei Darussalam)
The Data Protection Policy (DPP) applies only to public agencies, including government Ministries and Departments, educational institutions and statutory bodies. Section 18 provides that the agencies can transfer personal data to a party outside of Brunei only if:
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient in a manner inconsistent with the DPP.
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient in a manner inconsistent with the DPP.
Coverage Public sector
BRUNEI
Since January 2025, entry into force in January 2026
Pillar Cross-border data policies |
Indicator Conditional flow regime
Personal Data Protection Order, 2025 (Perintah Perlindungan Data Peribadi, 2025)
Section 24 of the Personal Data Protection Order provides that an organisation may not transfer personal data to any country outside Brunei unless the transfer is carried out in accordance with prescribed requirements intended to ensure that the data receives a standard of protection comparable to that afforded under the Order. The Authority may, upon application by an organisation, issue a written notice granting an exemption from any such requirement, and may impose conditions on the exemption as it considers appropriate. Any exemption or condition may be added to, varied, or revoked by the Authority at any time.
Under Notification of Commencement No. S 11, Section 24 is scheduled to enter into force on 1 January 2026.
Under Notification of Commencement No. S 11, Section 24 is scheduled to enter into force on 1 January 2026.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250717184252/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%201_2025%20%5BE%5D.pdf
- https://web.archive.org/web/20260120094231/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2011_2025%5BE%5D.pdf
- https://www.dataguidance.com/opinion/brunei-darussalam-personal-data-protection-order
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BRUNEI
Signed in March 2018, entry into force in July 2023
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP)
Brunei has joined an agreement with binding commitments to open data transfers across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241213123802/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_Kugler_November_2024.xlsx
- https://web.archive.org/web/20250425023716/https://www.mofe.gov.bn/Shared%20Documents/pdf/Trade%20Facilitation%20and%20Promotion/14.%20Electronic%20Commerce.pdf
- https://web.archive.org/web/20250425024222/https://www.mofe.gov.bn/Lists/News/NewDispForm.aspx?ID=492&
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BRUNEI
Since January 2025, entry into force in January 2026
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Order, 2025 (Perintah Perlindungan Data Peribadi, 2025)
The Personal Data Protection Order establishes a comprehensive framework for the protection of personal data in Brunei. The Order designates the Authority for Info‑Communications Technology Industry of Brunei Darussalam (AITI) as the supervisory body responsible for the enforcement and administration of all data protection laws and regulations. Notifications of Commencement No. S 10 and No. S 11 specify the dates on which the different parts of the Order are scheduled to take effect, with the legislation set to come fully into force on 1 January 2026.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250717184252/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%201_2025%20%5BE%5D.pdf
- https://web.archive.org/web/20260120095923/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2010_2025%5BE%5D.pdf
- https://web.archive.org/web/20260120094231/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2011_2025%5BE%5D.pdf
- https://www.dataguidance.com/jurisdictions/brunei-darussalam
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BRUNEI
Since January 2025, entry into force in January 2026
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Personal Data Protection Order, 2025 (Perintah Perlindungan Data Peribadi, 2025)
Pursuant to Art. 7(c) of the Personal Data Protection Order, 2025, organisations must designate one or more individuals to take responsibility for ensuring compliance with the Order. Although the Order was published in January 2025, it provides for phased commencement through Gazette notifications. Accordingly, Part 3, including Art. 7, entered into force on 1 January 2026, rather than on the publication date.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250717184252/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%201_2025%20%5BE%5D.pdf
- https://web.archive.org/web/20260120095923/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2010_2025%5BE%5D.pdf
- https://web.archive.org/web/20260120094231/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2025/EN/S%2011_2025%5BE%5D.pdf
- https://www.dataguidance.com/jurisdictions/brunei-darussalam
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BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
BRUNEI
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Brunei does not have a comprehensive framework in place that provides effective protection of trade secrets, but trade secrets may be protected under contracts and by an action in breach of confidence as the country follows the common law model.
Coverage Horizontal
BRUNEI
Since January 2001
Since April 2020
Since April 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Order 2001 (Perintah Telekomunikasi, 2001 (S 13/2002))
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
Code of Practice for Competition in the Telecommunications Sector (Competition Code)
According to Art. 22 of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam (AITI) may direct any telecommunications licensee to coordinate and cooperate with another person, in such manner and on such terms as the Authority may determine, in relation to the use or sharing of any telecommunications installation, plant, system, or part thereof.
In addition, acting under the powers conferred by Section 26(1) of the Telecommunications Order 2001, AITI has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which further establishes infrastructure-sharing obligations, including those set out in Section 7.
In addition, acting under the powers conferred by Section 26(1) of the Telecommunications Order 2001, AITI has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which further establishes infrastructure-sharing obligations, including those set out in Section 7.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230624053202/https://aiti.gov.bn/media/sxnd3ode/1a-competition-code.pdf
- https://web.archive.org/web/20221008034040/http://www.bruneiresources.com/pdf/gazette_complete_2001.pdf
- https://web.archive.org/web/20240612052123/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2018/B039.pdf
- https://datahub.itu.int/data/?i=100014
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BRUNEI
Since March 2006
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
Pursuant to Section 3.4 of the Licensing and Regulatory Framework, foreign persons are prohibited from holding a majority shareholding or exercising control, whether directly or indirectly, in a company applying for a licence to provide telecommunications services. This restriction applies to both Infrastructure Provider for the Telecommunications Industry (INTI) licences and Service Provider for the Telecommunications Industry (SETI) licences.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220624210712/https://www.aiti.gov.bn/Shared%20Documents/AITI%20Operational%20Framework.pdf
- https://web.archive.org/web/20251212054555/https://www.aiti.gov.bn/media/ihdbk3w1/guidelines-for-inti-licence-application.pdf
- https://web.archive.org/web/20251208051824/https://aiti.gov.bn/media/r53mw2qt/guidelines-for-seti-licence-application.pdf
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