Art. 27 of the Electronic Transactions Law requires personal data administrators to retain personal data for a specified period before destruction. However, the regulation does not define the exact duration for which the data must be retained.

Section 33 of the Cybersecurity Law provides that a digital platform service provider shall retain, for a period of three years, specified categories of data relating to users of the service, namely: (a) the personal information of users accessing the service; (b) records of users’ utilisation of the service; and (c) such additional data as may be prescribed by the Department from time to time. Section 34 further stipulates that where any individual or organisation duly authorised under any law in force submits a written request for any or all of the data referred to in Section 33, the digital platform service provider is obliged to furnish such data in the prescribed manner. Pursuant to Section 4, “digital platform services” are defined as a category of business that provides services enabling users to display, transmit, disseminate, or otherwise utilise information online through cyber resources or analogous technologies and associated equipment, while a “digital platform service provider” refers to any person or organisation that offers such services for use within the State.

Myanmar lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Protection for confidential information comes from the law of contract, so there is no means of protection where no contractual relationship exists. The secret know-how will only be protected on the basis of a mutual legal relation created by agreements (non-disclosure or confidentiality agreements/clauses) signed with subcontractors, licensees, etc., obliging them to keep the information confidential, as well as agreements signed with employees under which they have a duty not to disclose the confidential information, both during the term of their employment and after its termination, and also obliging them (contractors, licensees, employees, etc.) not to use it for competition purposes.
Additionally, Section 19 of the Competition Law 2015 ('the Competition Law') refers to disclosing or using secrets of another business. In particular, no businessman shall, in respect of disclosing secrets of any other business, carry out any of the following acts: infringing security measures protected by the lawful owners of business secrets by accessing and collecting business secrets and information related to such secrets; using or revealing information of business secret without permission of the lawful owner of such business; deceiving a person with an obligation to maintain secrets or abusing the confidence of such person in accessing, collecting, or revealing business secrets and information related to such secrets.

It is reported that there is no obligation for passive infrastructure sharing in Myanmar to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.

Myanmar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

According to Paragraph 5 of Directive 1/2022, the submission of tenders is open to all, except in the specific cases detailed in Paragraphs 4, 6, 7, and 8. Moreover, Paragraph 13 provides that procurement from international sources may be conducted in instances where the required goods are unavailable within the domestic market or where no authorised dealer has been designated by the manufacturer to distribute the foreign product locally.

Pursuant to Directive No. 1/2017, the establishment of a commercial presence is mandated for the provision of services related to government procurement. As part of the qualification process, applicants are required to submit evidence demonstrating that they are registered companies in Myanmar and have fulfilled their relevant tax obligations.

Art. 28 of the Presidential Directive No. 1/2017 mandates that the Tender Acceptance and Evaluation Committee shall evaluate each of the technical proposals for public procurement in accordance with some standards, including the inclusion of local experts among the senior experts for the tasks to be assigned.

Myanmar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

Section 3 of the State-Owned Economic Enterprise Law No. 9/89 stipulates that certain activities, including telecommunications services, are reserved exclusively for the State. However, the Government retains the authority to permit, via notification, the execution of these reserved activities through joint ventures between the Government and other individuals or economic organisations. It has been observed that the Government frequently grants exceptions to the exclusive rights of SOEs in various economic sectors, including telecommunications, by allowing joint ventures or issuing special licenses.

Art. 1(d) of the Myanmar Investment Commission Notification No. 15/2017 requires investments in telecommunication services, the production and distribution of satellite communication items, radar communication items and related equipment, radio communication, and the production and domestic marketing of mobile handset and telephone to get approval from the Ministry of Transport and Telecommunication.
According to Art. 64 of the Ministry of Planning and Finance Notification No. 35/2017, investment proposals are evaluated based on whether "the investment is compatible with national development, security, economic, social and cultural policies, taking into consideration development, security, economic, social and cultural policy objectives announced by the Government or the government of any State or Region affected by the investment."

Section 24 of the Cybersecurity Law stipulates that any digital platform service provider with 100,000 or more users within the State must be incorporated as a company in accordance with the Myanmar Companies Law and is required to submit an application for registration to the relevant Department in the prescribed manner. Pursuant to Section 4, “digital platform services” are defined as a category of business that provides services enabling users to display, transmit, disseminate, or otherwise utilise information online through cyber resources or analogous technologies and associated equipment, while a “digital platform service provider” refers to any person or organisation that offers such services for use within the State.

According to Art. 110 of the Patent Law, where the applicant’s residence or principal place of business is outside the territory of the State, the patent application may be applied through the representative or patent agent who is registered in the prescribed manner by the Department in accordance with the provisions of this Law.

Myanmar is not a party to the Patent Cooperation Treaty (PCT).

Myanmar’s copyright framework is established under the Myanmar Copyright Law. The Act does not provide for an open-ended fair use or fair dealing standard. Rather, it sets out a closed list of narrowly defined exceptions, limiting lawful uses to specific, enumerated purposes that are subject to the principle of “fair practice”. This principle requires that any permitted use be compatible with fair practice and confined to what is justified by the relevant purpose. Under Art. 24, an individual may reproduce a published work without the Rights Owner's authorisation solely for personal use. However, this reproduction must not result in the misuse of the literary or artistic work or infringe upon the legal rights of the Rights Owner. Notably, this exemption does not apply to the reproduction of works in the following categories: (i) architecture, such as buildings, (ii) musical works, (iii) whole or partial databases on digital platforms, and (iv) computer programs.