PAKISTAN
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Pakistan does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Prevention of Electronic Crimes Act 2016 contains some provisions on data protection. It prevents unauthorised acts with respect to information systems and provides for related offences as well as mechanisms for their investigation, prosecution and trial. Under the Act, unauthorised access, copying, or interference with information systems or data is a punishable offence and shall be punished with imprisonment or a fine. In addition, there is some sectoral regulation on data in the banking and telecom sectors.
Coverage Horizontal
PAKISTAN
Since August 2016
Pillar Domestic data policies |
Indicator Minimum period for data retention
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Section 31 of the Prevention of Electronic Crimes Act includes data retention provisions that make it mandatory for service providers to hold traffic data for a one-year minimum or as “authorised officers” see fit. Art. 32 states that a service provider shall, within its existing or required technical capability, retain the specified traffic data for a minimum period of one year or such period as the Authority may notify from time to time and, subject to the production of a warrant issued by the Court, provide that data to the investigation agency or the authorised officer whenever so required.
Coverage Internet services providers (ISPs)
Sources
- https://web.archive.org/web/20201014054037/https://digitalrightsfoundation.pk/wp-content/uploads/2017/02/Telecoms-Privacy-and-Data-Protection-Policies-in-Pakistan-1.pdf
- https://web.archive.org/web/20221127033144/http://ilo.org/dyn/natlex/docs/ELECTRONIC/104952/128187/F424540000/PAK104952.pdf
- https://web.archive.org/web/20220124203930/https://sahsol.lums.edu.pk/law-journal/prevention-electronic-crimes-act-2016-analysis
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PAKISTAN
Since August 2016
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Section 31 of the Prevention of Electronic Crimes Act discusses “expedited preservation and acquisition of data”. It allows an authorised agent to require a person to hand over data without producing a court warrant if it is believed that it is “reasonably required” for a criminal investigation. This can be termed as a blanket authorisation provision that gives the executive direct authority to take action without any judicial oversight or scrutiny. In addition to this, no test as to what amounts to a reasonable requirement is provided in the section. This is problematic because the lack of requisite checks and balances affords the executive a discretionary power that can be used to violate fundamental rights.
Section 35 provides law enforcement officers various powers relating to information systems. One of these is a power to require any person who is in possession of “decryption information of an information system, device or data under investigation” to grant the officer access to such data, device or information system “in unencrypted or decrypted intelligible format” for the purposes of investigating the offence.
Section 39 allows for "Real-time collection and recording" of data: "[i]f a Court is satisfied on the basis of information furnished by an authorised officer that there are reasonable grounds to believe that the content of any information is reasonably required for the purposes of a specific criminal investigation, the Court may order, with respect to information held by or passing through a service provider, to a designated agency as notified under the Investigation for Fair Trial Act 2013 or any other law for the time being in force having capability to collect real-time information, to collect or record such information in real-time coordination with the investigation agency for provision in the prescribed manner."
Section 35 provides law enforcement officers various powers relating to information systems. One of these is a power to require any person who is in possession of “decryption information of an information system, device or data under investigation” to grant the officer access to such data, device or information system “in unencrypted or decrypted intelligible format” for the purposes of investigating the offence.
Section 39 allows for "Real-time collection and recording" of data: "[i]f a Court is satisfied on the basis of information furnished by an authorised officer that there are reasonable grounds to believe that the content of any information is reasonably required for the purposes of a specific criminal investigation, the Court may order, with respect to information held by or passing through a service provider, to a designated agency as notified under the Investigation for Fair Trial Act 2013 or any other law for the time being in force having capability to collect real-time information, to collect or record such information in real-time coordination with the investigation agency for provision in the prescribed manner."
Coverage Horizontal
Sources
- https://web.archive.org/web/20221127033144/http://ilo.org/dyn/natlex/docs/ELECTRONIC/104952/128187/F424540000/PAK104952.pdf
- https://web.archive.org/web/20220124203930/https://sahsol.lums.edu.pk/law-journal/prevention-electronic-crimes-act-2016-analysis
- https://www.gp-digital.org/world-map-of-encryption/
- https://web.archive.org/web/20220305115635/http://nasirlawsite.com/laws/peca1.htm
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PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of adoption of the WIPO Performances and Phonograms Treaty
Pakistan has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Pakistan does not possess a comprehensive legal framework that affords effective protection to trade secrets. In the absence of a standalone trade secrets statute, confidential information is instead protected through contractual instruments such as non‑disclosure agreements and confidentiality undertakings, as well as through common law remedies, including the tort of breach of confidence.
Coverage Horizontal
PAKISTAN
Reported in 2019, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
There is an obligation for passive infrastructure sharing in Pakistan to deliver telecom services to end users. It is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
PAKISTAN
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
4.56%
Coverage rate of zero-tariffs on ICT goods (%)
30.5%
Coverage: ICT 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
PAKISTAN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Pakistan is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- 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
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PAKISTAN
Since June 2021, until June 2026
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Antidumping, countervailing duties, and safeguard measures on ICT goods
Antidumping measure
In June 2021, the Pakistani National Tariff Commission imposed a definitive anti-dumping duty for a period of five years on imports of phthalic anhydride (HS code: 291735) from China, Chinese Taipei, the Republic of Korea and Russia. This product is used in the production of flexible PVC products such as cables. The duty imposed on imports originating from China is 11.12%, from the Republic of Korea ranges from 9.57% to 14.82%, from Chinese Taipei ranges from 14.94% to 24.61%, and from Russia is 16.31%.
Coverage Product: Phthalic anhydride (HS code: 291735)
Countries: China, Chinese Taipei, Korea and Russia
Countries: China, Chinese Taipei, Korea and Russia
PAKISTAN
Since June 2004
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Public Procurement Rules, 2004
According to Art. 24 of the Public Procurement Rules, procuring agencies are required to prioritise domestic suppliers or contractors when evaluating and comparing bids against international competitors. It is reported that a price preference of up to 25% is applied in all public procurement processes, depending on the level of domestic value-added content. The maximum preference is granted when at least 35% of the value added originates domestically
Coverage Horizontal
PAKISTAN
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Pakistan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2015.
Coverage Horizontal
PAKISTAN
Reported in 2021, last reported in 2025
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Reported country-specific foreign ownership bans
There are no ownership restrictions on sectors relevant for digital trade. However, it is reported that Pakistan prohibits foreign ownership in all sectors for citizens/companies from India and Israel.
Coverage Indian and Israeli companies
PAKISTAN
Reported in 2019, last reported in 2025
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
FDI screening regime
It is reported that Pakistan implements investment screening mechanisms for inbound foreign investments, blocking those deemed to pose a risk to national security based on the screening process. While the Board of Investment serves as the official lead agency for investment screening, it lacks the internal capacity to conduct such screenings and relies heavily on intelligence agencies to carry out the necessary due diligence.
Coverage Horizontal
PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Pakistan is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
PAKISTAN
Since June 1962, as amended in September 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Ordinance No. XXXIV of 1962 (as amended by Copyright (Amendment) Ordinance, 2000 of September 2000)
The Copyright Ordinance of 1962 establishes a clear framework of copyright exceptions based on the fair dealing model, allowing the lawful use of copyrighted works by others without prior permission. Section 57, introduced through the 2000 amendment, outlines these exceptions, which include uses such as research or private study, criticism or review, and the public reading or recitation of reasonable excerpts from published literary or dramatic works, among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231204131905/http://infojustice.org/wp-content/uploads/2015/03/fair-use-handbook-march-2015.pdf
- https://web.archive.org/web/20241117155616/https://www.sabaip.com/wp-content/uploads/2018/04/Pakistan-Copyright-Law.pdf
- https://web.archive.org/web/20200305084318/https://pakistanlawyer.com/2018/04/09/copyright-amendment-ordinance-2000/
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