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MYANMAR

Since October 2013, last amended in August 2017

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Pyidaungsu Hluttaw Law No. 31/2013, last amended by the Pyi Htaung Su Hluttaw Law No. 26/2017 on Telecommunications Law
According to Art. 26 of the Telecommunications Law, the Ministry of Communications and Information Technology shall prescribe the standards of network equipment and telecommunication equipment that are exported. It is reported that a recommendation issued by the Post and Telecommunications Department is often required for the export of telecommunications equipment, depending on the nature of the equipment.
Coverage Telecom equipment

MYANMAR

Since April 2004
Since February 2021

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Electronic Transactions Law (The State Peace and Development Council Law No. 5/2004) (အီလက်ထရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေ)

Law Amending the Electronic Transactions Law (State Administrative Council Law No. 7/2021) (အီလက်ထရောနစ် ဆက်သွယ်ဆောင်ရွက်ရေးဥပဒေကို ပြင်ဆင်သည့် ဥပဒေ နိုင်ငံတော်စီမံအုပ်ချုပ်ရေးကောင်စီ ဥပဒေအမှတ် (၇/၂၀၂၁))
Section 27-A(ii) of the Electronic Transactions Law, as amended in 2021 by Law No. 7/2021, mandates the personal data administrator to seek the consent of the owner of data before any data transfer. However, the law does not further regulate the ways in which the owner's consent is sought.
Coverage Horizontal

MYANMAR

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Myanmar has not joined any agreement with binding commitments to open transfers of data across borders.
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

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

MYANMAR

Since 2013, last amended in 2017

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Pyidaungsu Hluttaw Law No. 31/2013 last amended by the Pyi Htaung Su Hluttaw Law No. 26/2017 on Telecommunications Law
Arts. 75 and 77 of the Telecommunication Law allow the government to intercept, suspend, or obtain any information that threatens national security and the rule of law in the country. The broad provision fails to specify which government agents are authorised to do this and what sort of information specifically constitutes the general terms such as national security.
Coverage Telecommunications Sector

MYANMAR

Since 2004, last amended in 2021

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
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. 4 of the Electronic Transactions Law allows the Government to obtain personal data for purposes related to the stability, tranquillity, and national security of the State. The regulation fails to specify what information constitutes the general terms, such as national security.
Coverage Horizontal

MYANMAR

Since March 2017, suspended since February 2021

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Law Protecting the Privacy and Security of Citizens (Union Parliament Law 5/2017)
Section 8 of the Law Protecting the Privacy and Security of Citizens, suspended in light of the state of emergency in Myanmar, enables public authorities or law enforcement to access personal data held by private organisations. It prohibits the interception of personal communications without a warrant, but it contains a vague exception allowing surveillance if permission is granted by the president or a government body.
Coverage Horizontal

MYANMAR

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Myanmar's law and jurisprudence. It is reported that the Telecommunication Law does not explicitly hold intermediaries liable for the content, but some provisions are vague and could feasibly be interpreted to justify content removals.
Coverage Internet intermediaries

MYANMAR

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Myanmar's law and jurisprudence. It is reported that the Telecommunication Law does not explicitly hold intermediaries liable for the content, but some provisions are vague and could feasibly be interpreted to justify content removals.
Coverage Internet intermediaries

MYANMAR

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Myanmar imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card, or a passport in case of foreigners, to activate a new prepaid SIM card.
Coverage Telecommunications sector

MYANMAR

Reported in 2021, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
As of May 2021, the Ministry of Transportation and Communications (MoTC) reportedly issued a series of directives ordering mobile service providers to block all websites except a list of about 1,200 that have been approved by the military, following the military's orders directing service providers to restrict access to all but the listed websites and IP addresses. These included numerous banking and financial sites, a handful of entertainment platforms such as YouTube and Netflix, major news outlets such as the New York Times and the U.S. cable news network (CNN), and gaming platforms. In February 2021, the MoTC ordered all ISPs, mobile service providers, and international gateway managers to block access to Facebook and WhatsApp. In February 2021, orders to block Twitter and Instagram followed. While WhatsApp and Instagram were included on a list of approved sites in May 2021, Other secretive blocks on websites have reportedly been ordered since the military coup, affecting popular platforms such as Wikipedia as well as national media outlets. In addition, in 2021, it has also been reported that the Myanmar government banned virtual private networks (VPNs).
The list of permitted addresses was updated in 2022 to include business sites, including those of local companies; however, it remains uncertain whether subsequent updates have occurred since then. Notably, Facebook, Twitter and most Burmese-language independent media outlets are not part of the list and, as a result, remain inaccessible in the country. On the other hand, platforms such as Instagram, YouTube, WhatsApp, LinkedIn, Viber and Zoom apparently remained accessible.
Coverage Websites, VPNs, online newspapers, and social media platforms

MYANMAR

Reported in 2021, last reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 1 in Myanmar for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
It is reported that since the military coup in February 2021, the military has frequently restricted connectivity by ordering internet shutdowns, slowdowns, and blocks while threatening service providers to ensure their compliance. The internet shutdown came in various forms: i) the nationwide cut-off of mobile data and fixed-line internet access; ii) nightly shutdowns affecting fixed-line (fibre-optic and cable) connectivity. Although the internet was on during the day in this period, users reported frequent short-term outages and slow speeds nationwide; iii) shut down public Wi-Fi connections; iv) shut down wireless broadband internet services indefinitely. Under orders from the military-controlled Ministry of Home Affairs, the Ministry of Transport and Communications has significant powers to cut off the internet without oversight or safeguards, as it controls much of the telecommunications infrastructure via the state-owned company Myanmar Posts and Telecommunications.
Coverage Horizontal

MYANMAR

Since March 2014

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Pyidaungsu Hluttaw Law No.13/2014 on Printing and Publishing Law
The Myanmar Printing and Publishing Law created the licensing regime for publishing houses, news agencies, and websites, and these outlets must register prior to producing content, including for publishing online.
Coverage Publishing houses, news agencies, and websites

MYANMAR

Since March 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Directive on public procurement, and on the disposal and lease of state-owned assets - Directive 1/2022 of the Office of the State Administration Council (အစိုးရ၏ ဝယ်ယူခြင်း၊ နိုင်ငံပိုင်ပစ္စည်းများ ထုခွဲခြင်းနှင့် ငှားရမ်းခြင်း လုပ်ငန်းများ ဆောင်ရွက်ရာတွင် လိုက်နာရမည့် ညွှန်ကြားချက် - နိုင်ငံတော်စီမံအုပ်ချုပ်ရေးကောင်စီရုံး၏ ညွှန်ကြားချက်အမှတ် (၁/၂၀၂၂))
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.
Coverage Horizontal

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