Section 28 of the Digital Government Act mandates that the department responsible for information and communications technology establish and manage the Government’s Central Electronic Data Repository, which shall serve as the official facility for the backup of electronic data maintained by public bodies. This Repository shall comprise a primary physical electronic data repository together with any redundancy repositories established under Section 30, all of which must be synchronised and function collectively as a unified data storage system for compulsory backup and redundant data retention. The Central Electronic Data Repository must include an active operational software and hardware server, a storage software and hardware server, and a system processing software and hardware server. Public bodies that store data electronically are required, as regularly as practicable, to ensure that their electronic data is also backed up within the Central Electronic Data Repository as redundancy, within one year of the Repository’s establishment and publication by the Minister in the National Gazette. Under Section 30, the Department must also maintain one or more additional data centres for electronic data backup and redundancy, each of which must undergo daily synchronisation with the Central Electronic Data Repository, comply with the cybersecurity standards prescribed under the Act, and maintain a transmission system connecting it to the Central Electronic Data Repository.

Sections 22 to 27 of the Digital Government Act establish a centralised government network, cloud, and data infrastructure under the authority of the department responsible for information and communications technology. All public bodies are required to use the Government Private Network, which integrates the Central Electronic Data Repository, approved physical, virtual or cloud connectivity, and shared digital services, unless written approval is obtained to use an alternative network. The Act mandates the creation of a Government Leased Cloud Infrastructure, requiring public bodies to migrate all virtual private networks and digital services operating on external cloud infrastructure within one year, subject to limited, time-bound exemptions approved in writing, with unauthorised operation constituting an offence. The Department may further establish a Government Private Cloud Infrastructure, to be physically located in Papua New Guinea, into which public-sector electronic data must be migrated within a prescribed period, while offshore storage is permitted only on efficiency grounds, in compliance with standards, and with written approval following advice from the ICT Steering Committee. The framework is completed by establishing the National Electronic Data Bank, which will host the Central Electronic Data Repository, the National Cyber Security Centre, the Government Private Cloud Infrastructure (if established), other public-sector data servers, and all associated core infrastructure.

Papua New Guinea has not joined any agreement with binding commitments to open transfers of data across borders.

Papua New Guinea does not have a comprehensive data protection regime in place.

Section 7 of the SIM Card Registration Regulation provides that subscriber information held in the subscriber information database may be disclosed to a security agency, defined in Section 1 as the Royal Papua New Guinea Constabulary, which is the national police force, other State law enforcement bodies, or the National Intelligence Organisation; however, a licensee, meaning any telecommunications or electronic communications service provider licensed by the National Information and Communications Technology Authority (NICTA), may release such information only upon receiving a prior written request from the relevant security agency. This request must be in the prescribed form, state the rank of the requesting official, specify the purpose and reasons for the request, relate to the statutory functions of the agency, and be endorsed by the Attorney-General, who is a government minister, as well as by the National Intelligence Organisation and NICTA, before being submitted to the licensee. Disclosure is prohibited where it would contravene the Constitution or any Act of Parliament, or where it would pose a threat to national security. The legislation does not require that such a request be supported by a judicial investigation, a warrant, or a court order.

A basic legal framework on intermediary liability for copyright infringement is absent in Papua New Guinea's law and jurisprudence.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Papua New Guinea's law and jurisprudence.

The SIM Card Registration Regulation 2016 mandates telecom and electronic communications service licensees to establish and maintain a Subscriber Information Database for SIM registration purposes (Art. 4).
According to Art. 9 of Regulation, telecom and electronic communications service licensees must register, capture and transmit to their subscriber information database (a) the identification number of any SIM card to be activated at the request of an individual subscriber, and (b) the subscriber’s biometric and other personal data. The collection of such personal information must follow the prescribed form. An individual subscriber may not be registered unless they present a valid identification document and are physically present at the registration location.

Papua New Guinea does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

Under Art. 47 of the National Procurement Act 2018, evaluators are required, for covered procurements of goods, works and services, to apply a price preference in favour of national companies and citizens. The margin of preference is set at 15% for goods and 7% for works or services. Moreover, joint ventures or associations between an eligible national company or citizen and a foreign partner are eligible for a lower, uniform 4% preference margin for goods, works, or services. This preferential treatment is available only where the joint venture is registered in Papua New Guinea or where the national participant can demonstrate a beneficial interest of more than 50%, as evidenced by the profit-and-loss-sharing provisions in the joint venture agreement.

According to Art. 48(2) of the National Procurement Act 2018, the National Procurement Commission must ensure that, insofar as reasonably practicable, all procurements promote and maximise (a) the use of local expertise and materials, and (b) the participation of local communities or organisations.
Moreover, according to Art. 58, bidders must be registered with the National Procurement Commission as qualified bidders before they may receive bids or enter into contracts with the National Procurement Commission and other public and statutory bodies. The Commission may register applicants that meet the statutory requirements and may remove those that no longer qualify.

Papua New Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA).

The Investment Promotion Act governs foreign direct investment in the country. Under Art. 27, certain activities are reserved for national citizens and companies. These reserved activities are specified in the Investment Promotion Regulation 1992 and, following the amendment introduced by the Investment Promotion (Amendment) Regulation 2021, include the repair of consumer electronics goods when this activity is not carried out in conjunction with the manufacture, wholesale or retail sale of such goods.

According to Art. 128 of the Companies Act, at least one director of the company shall be ordinarily resident in the country.

According to Art. 25 of the Investment Promotion Act, the Investment Promotion Authority (IPA) may grant a certificate authorising a foreign enterprise to carry on business in the country, and, subject to Art. 26, a foreign enterprise may not operate without such a certificate. Pursuant to Art. 28, a foreign company applies for an investment certificate by submitting, in the prescribed form, an application to the IPA together with copies of any agreements or documents relating to the management or proposed management of the company. The IPA must verify the accuracy of the information provided, assess whether the proposed activity is likely to contribute to the objectives of the Act, evaluate the applicant’s capacity to finance, establish and operate the enterprise, and review the applicant and any associated owners, directors or partners before granting the certificate on appropriate terms. The IPA must notify the applicant in writing of its decision to grant or refuse the certificate within 35 working days of receiving a complete and correct application.
It is reported that, although the country does not apply a formal minimum investment threshold, the IPA may, pursuant to Section 28(7) of the Investment Promotion Act, require a potential investor to deposit a prescribed amount prior to approval. The screening mechanism is understood to focus on assessing the net economic benefit of the investment and its consistency with the national interest.