CAMBODIA
Since November 2019
Since August 2020
Since August 2020
Pillar Foreign Direct Investment in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
E-Commerce Law (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធ អេឡិចត្រូនិក)
Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Services Providers via Electronic Platform and Its Exception (អ្នកលក ១៣៤ អនុក្រឹត្យ ស្តីពី ការកំណត់ប្រភេទ បែបបទ និងនីតិវិធ នៃការផ្ដល់លិខិតអនុញ្ញាតឬ អាជ្ញាបណ្ណដល់អន្តរការីនិងបុគ្គលផ្តល់សេវ ពាណិជ្ជកម្ម តាមប្រព័ន្ធអេឡិចត្រូនិក និងការលើកលែង)
Sub-Decree No. 134 on Determination of Type, Formality and Procedure of the Issuance of Permit or Licence for Intermediaries and Online Services Providers via Electronic Platform and Its Exception (អ្នកលក ១៣៤ អនុក្រឹត្យ ស្តីពី ការកំណត់ប្រភេទ បែបបទ និងនីតិវិធ នៃការផ្ដល់លិខិតអនុញ្ញាតឬ អាជ្ញាបណ្ណដល់អន្តរការីនិងបុគ្គលផ្តល់សេវ ពាណិជ្ជកម្ម តាមប្រព័ន្ធអេឡិចត្រូនិក និងការលើកលែង)
According to Art. 26.1 of the E-Commerce Law, e-commerce service providers and intermediaries must obtain e-commerce permits or licenses from the Ministry of Commerce (MOC) in addition to the general business registration. According to Art 26.2, the licensing regime has two categories: (1) an e-commerce permit (for individual persons and sole proprietorships) and (2) an e-commerce license (for legal persons and branches of foreign companies). In August 2020, Cambodia issued Sub-Decree No. 134, an implementing regulation of the E-Commerce Law, clarifying that a license is required for legal persons and branches of foreign companies carrying out the following activities: e-commerce web services, e-commerce platform services, online market services, online auction website services, and other similar services provided through software or smart devices for the promotion of e-commerce (Art. 5.1). In addition, pursuant to Art. 5.2 of the Sub-Decree, an E-Commerce permit is required for natural persons and sole proprietors that operate a business via electronic system in Cambodia (including those who conduct business via social media and electronic systems to supply or sell/purchase goods and services).
According to Arts. 6 and 7 of Sub-Decree No. 134, for issuance of an e-commerce license or permit, business and tax registration is required. Art. 29 of the e-Commerce Law also requires the provision of the name, registered address, and contact number/email address of the business entity in Cambodia. Moreover, Art. 7 of the Sub-Decree also states that, in cases where the intermediary is a legal entity or foreign branch, it must enter into a contract with the service providers regarding the requirement to provide minimum information.
The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). An e-commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who provides the services of sending, receiving, transmitting or storing services of the electronic communication, either on a temporary or permanent basis, or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".
According to Arts. 6 and 7 of Sub-Decree No. 134, for issuance of an e-commerce license or permit, business and tax registration is required. Art. 29 of the e-Commerce Law also requires the provision of the name, registered address, and contact number/email address of the business entity in Cambodia. Moreover, Art. 7 of the Sub-Decree also states that, in cases where the intermediary is a legal entity or foreign branch, it must enter into a contract with the service providers regarding the requirement to provide minimum information.
The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). An e-commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who provides the services of sending, receiving, transmitting or storing services of the electronic communication, either on a temporary or permanent basis, or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20241128135759/https://data.opendevelopmentcambodia.net//dataset/law-on-e-commerce
- https://web.archive.org/web/20241128162409/https://www.businessregistration.moc.gov.kh/wp-content/uploads/2021/05/sub-decree-on-E-commerce-signed-2.pdf
- https://web.archive.org/web/20201202064141/https://hbslaw.asia/images/Related-Publications/2020/Legal_Brief_Sub_Decree_No_134.pdf
- https://web.archive.org/web/20230330112034/https://kh.rajahtannasia.com/media/4089/2020_09_rtsh_sub_decree.pdf
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=all&d2c=khm
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CAMBODIA
Since January 2003, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Law on the Patents, Utility Model Certificates and Industrial Designs (ច្បាប់បើកប៉ាតង់វិញ្ញាបនប័ត្រនៃគំរូមានប្រយោជន៍និងគំនូរឧស្សាហកម្ម)
Art. 116 of the Law on the Patents, Utility Model Certificates and Industrial Designs states that where an applicant’s ordinary residence or principal place of business is outside the Kingdom of Cambodia, the applicant shall be represented by an agent residing and practising in the Kingdom of Cambodia and fulfilling the prescribed requirements. In addition, it is reported that Cambodia’s patent authority lacks sufficient funding and expertise to examine patent applications.
Coverage Horizontal
Sources
CAMBODIA
Since January 2003, last amended in November 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Law on the Patents, Utility Model Certificates and Industrial Designs (ច្បាប់បើកប៉ាតង់វិញ្ញាបនប័ត្រនៃគំរូមានប្រយោជន៍និងគំនូរឧស្សាហកម្ម)
Art. 43 of the Law on the Patents, Utility Model Certificates and Industrial Designs establishes that the patent owner can institute court proceedings against any infringer, or anyone who performs acts which make infringement likely to occur. Upon request of the patent owner, or by a licensee in certain circumstances, a court may grant an injunction to prevent infringement or imminent infringement, award damages, or any other remedy provided for by law (Art. 126). However, Art. 47 states that the Cambodian Government has the right to exploit a patented invention itself, or allow third parties to do so, for the purpose of promoting ‘public interests’ including national defence, nutrition, health and development.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/19461
- https://web.archive.org/web/20231003144812/https://kenfoxlaw.com/our-practice/our-practice-in-cambodia/invention-utility-model-related-matters-in-cambodia
- https://web.archive.org/web/20221202143335/https://op.europa.eu/en/publication-detail/-/publication/b4fa3416-50c8-11ec-91ac-01aa75ed71a1
- https://web.archive.org/web/20210116075504/https://www.abacus-ip.com/guide-to-patent-law-in-cambodia
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CAMBODIA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.1%
Coverage rate of zero-tariffs on ICT goods (%)
6.05%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
MYANMAR
Since January 2016
Since December 2017, entry into force in August 2018
Since December 2017, entry into force in August 2018
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Pyidaungsu Hluttaw Law No. 20/2016 on Financial Institutions Law
Pyidaungsu Hluttaw Law No. 29/2017 on Myanmar Companies Act
Pyidaungsu Hluttaw Law No. 29/2017 on Myanmar Companies Act
According to Art. 26 of the Financial Institutions Law, only local banks are allowed to take part in banking and financial services, including online banking and financial services.
Coverage Financial sector
Sources
- https://web.archive.org/web/20220307234626/https://www.dica.gov.mm/sites/dica.gov.mm/files/document-files/final_mcl_english_version_6_dec_president_signed_version_cl.pdf
- https://web.archive.org/web/20231130071427/https://www.aseantoday.com/2017/12/myanmar-government-relaxes-foreign-investment-restrictions/
- https://web.archive.org/web/20220121202004/https://cbm.gov.mm/sites/default/files/regulate_launder/financial_institutions_law_updated_by_cbm_20160303website-1_0.pdf
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MYANMAR
Reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 75, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
MYANMAR
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Physical presence requirement
It is reported that registering a ".com.mm" or ".net.kh" domain name requires a local company or subsidiary in Myanmar.
Coverage Horizontal
MYANMAR
Since April 2004, as amended in February 2014, last amended in February 2021
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Electronic Transaction Law 2004
Pyidaungsu Hluttaw Law No.6/2014 – Law Amending the Electronic Transactions Law 2014
Pyidaungsu Hluttaw Law No.6/2014 – Law Amending the Electronic Transactions Law 2014
The Electronic Transaction Law 2004 (as amended in 2014) provides a comprehensive framework for consumer protection that also applies to online transactions. This was amended by the Law Amending the Electronic Transactions Law 2014, providing for the amendment of offences and penalties for anyone who commits any offence by using electronic transaction technology (Arts. 33-36).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230220024259/https://www.myanmartradeportal.gov.mm/uploads/legals/2018/12/Electronic%20Transactions%20Law%202004(English).pdf
- https://web.archive.org/web/20220714035647/https://www.myanmartradeportal.gov.mm/en/legal/217
- https://web.archive.org/web/20220223052817/https://www.myanmar-responsiblebusiness.org/pdf/electronic-transactions-law_consolidated_2014-and-2021_en.pdf
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=mm
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MYANMAR
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Myanmar has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
MYANMAR
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Myanmar has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
MYANMAR
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Myanmar has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
MYANMAR
Reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Export restrictions on ICT goods or online services
Lack of transparency in import licensing procedures.
It is reported that certain exports require regime approval through an export license, issued by the Department of Trade under the Ministry of Commerce, based on recommendations from relevant ministries, agencies, and business associations. Specifically, for telecommunications equipment, the designation of the Ministry of Transport and Communications (MoTC) as a Bureau of Industry and Security (BIS) entity on 6 March 2023 has introduced restrictions on the export of most network equipment to the MoTC, unless a specific telecommunications equipment export license is obtained.
Coverage Horizontal
MYANMAR
Since 2014
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Pyidaungsu Hluttaw Law No. 28/ 2014 on Law on standardisation (မြန်မာနိုင်ငံ စံချိန်စံညွှန်း ဥပဒေ ၂၈/၂၀၁၄)
The Law on Standardisation Art. 9 allows foreign departments or organisations to issue a certificate of standard certification and quality recommendation by applying to the department assigned to perform in the matter of standardisation by the Ministry of Science and Technology.
Coverage Horizontal
MYANMAR
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Myanmar does not have a comprehensive regime in place for all personal data. However, the Constitution of the Republic of the Union of Myanmar and the Law Protecting the Privacy and Security of Citizens set out provisions for the protection of privacy and security of communications. These are supplemented by sectoral legislation, such as the Telecommunications Law 2013, which contains provisions related to the confidentiality of personal information.
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/myanmar
- https://web.archive.org/web/20240313022209/https://www.constituteproject.org/constitution/Myanmar_2008.pdf?lang=en
- https://web.archive.org/web/20240227222941/https://www.myanmar-responsiblebusiness.org/pdf/Law-Protecting-Privacy-and-Security-of-Citizens_en_unofficial.pdf
- https://web.archive.org/web/20240117170034/https://freeexpressionmyanmar.org/wp-content/uploads/2021/02/Electronic-Transaction-Law-Amendment-2021-EN-MM.docx.pdf
- https://web.archive.org/web/20230220024259/https://myanmartradeportal.gov.mm/uploads/legals/2018/12/Electronic%20Transactions%20Law%202004(English).pdf
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MYANMAR
Since 2004, last amended in 2021
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
State Peace and Development Council Law No. 5/2004, last amended by the State Administration Council Law No.7/2021 on Electronic Transactions Law
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240117170034/https://freeexpressionmyanmar.org/wp-content/uploads/2021/02/Electronic-Transaction-Law-Amendment-2021-EN-MM.docx.pdf
- https://web.archive.org/web/20230220024259/https://myanmartradeportal.gov.mm/uploads/legals/2018/12/Electronic%20Transactions%20Law%202004(English).pdf