Database

Browse Database

BANGLADESH

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
Lack of adoption of the WIPO Copyright Treaty
Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

BANGLADESH

Since November 2025, entry into force in November 2025

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Data Protection Ordinance, 2025 - Ordinance No. 61 of 2025 (ব্যক্তিগত উপাত্ত সুরক্ষা অধ্যাদেশ, ২০২৫ - ২০২৫ সনের ৬১ নং অধ্যাদেশ)
Section 29 of the Data Protection Ordinance provides that personal data, including public or open personal data, internal personal data, confidential personal data, and limited personal data as defined in the Schedule, may be transferred abroad subject to the conditions set out in Section 29 itself. Such transfers are permitted where the consent of the relevant data subject has been obtained, where the transfer is necessary for the exchange of goods or services under a contract to which the data subject is a party, or where, with the consent of the data subject, the transfer relates to matters concerning the data subject’s interests, such as business, education, emigration, or immigration. Also, personal data that is lawfully transferable may be transferred only to countries that possess appropriate technological and infrastructural safeguards for the storage of personal data, as prescribed by regulation. In cases involving the cross‑border transfer of large volumes of sensitive personally identifiable data, notification to the competent authorities is mandatory. For the purposes of this section, sensitive personally identifiable data refers to data whose large‑scale cross‑border transfer may pose risks to national sovereignty, national security, or financial stability, including government‑issued unique identification numbers such as national identity card numbers, passport numbers, and taxpayer or TIN or PAN numbers; biometric identifiers such as fingerprints, facial recognition data, and iris scans; genetic or DNA‑related information; and records of criminal convictions or criminal history.
Coverage Horizontal

BANGLADESH

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
Bangladesh has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

BANGLADESH

N/A

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

BANGLADESH

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Bangladesh lacks a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Section 49 of the Patent and Designs Act of 1911 prohibits the disclosure of information about industrial designs in bad faith. Section 73 of the Contract Act of 1872 entitles a party to receive compensation for breaches of contractual obligations; confidentiality and non-disclosure agreements are commonly used to protect confidential information. Further, the Preamble of the Competition Act of 2012 can be read as extending the ambit of anti-trust practices to mala fide disclosures of information. Penal action is envisaged under Section 405 of the Penal Code of 1860, for the offence of criminal breach of trust, which is punishable with up to three years' imprisonment and/or a fine.
Coverage Horizontal

BANGLADESH

Since November 2025

Pillar Domestic data policies  |  Indicator Framework for data protection
Data Protection Ordinance, 2025 - Ordinance No. 61 of 2025 (ব্যক্তিগত উপাত্ত সুরক্ষা অধ্যাদেশ, ২০২৫ - ২০২৫ সনের ৬১ নং অধ্যাদেশ)
The Data Protection Ordinance establishes a comprehensive framework for data protection in Bangladesh, although the competent authority has yet to be constituted. Section 1.3 stipulates that, with the exception of section 23 and sections 31 to 46, the Ordinance shall enter into force immediately. The excepted provisions are to come into operation on such date as the Government may determine by notification in the Official Gazette, following the expiry of 18 months from the date of promulgation of the Ordinance. The provisions subject to deferred commencement primarily concern the appointment of the chief data officer, the mechanisms for lodging complaints, and the imposition of administrative penalties.
Other relevant legislation includes the Cybersecurity Ordinance 2025, the Information and Communication Technology Act 2006, the Telecommunications Act 2001, the Contract Act 1872, the Consumers’ Rights Protection Act, the Penal Code 1860, and the Copyright Act 2000.
Coverage Horizontal

BANGLADESH

Since September 2008, last amended in July 2011

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Guideline for Infrastructure Sharing (অবকাঠামো ভাগাভাগির জন্য নির্দেশিকা)
Bangladesh applies passive infrastructure sharing obligations in the telecommunications sector. The Bangladesh Telecommunication Regulatory Commission (BTRC) Guidelines for Infrastructure Sharing, issued under Section 31(2)(r) of the Bangladesh Telecommunication Act, 2001, require telecommunications infrastructure to be shared on a non-discriminatory basis. Under Clause 1.3, infrastructure sharing includes the leasing, renting, or swapping of infrastructure with other service providers.
The Guidelines expressly cover passive infrastructure. Section 2(4) defines passive infrastructure to include physical sites, buildings, shelters, towers or masts, power supply, ducts, trenches, rights of way, in-house wiring, sub-loop facilities, and local-loop facilities. Section 4(1) applies the Guidelines to passive infrastructure sharing among BTRC-licensed telecommunications operators, while Sections 5(2)–5(6) establish the procedure for access requests, responses, refusals, and dispute resolution.
The current framework is complemented by the Telecommunications Network and Licensing Policy 2025, particularly Sections 7.2.3, 7.2.8, 7.7.1, 7.7.2, and 7.7.6, as well as by the National Infrastructure and Connectivity Service Provider (NICSP) Licensing Guidelines.
Coverage Telecommunications sector

BANGLADESH

Since September 2025

Pillar Telecom infrastructure & competition  |  Indicator Maximum foreign equity share for investment in the telecommunication sector
Telecommunications Network and Licensing Policy, 2025
The Telecommunications Network and Licensing Policy 2025 introduced a new licensing framework for Bangladesh’s telecommunications and digital-connectivity sector, establishing several maximum foreign equity limits.
The Policy sets different foreign ownership caps depending on the licence category, including:
- For Cellular Mobile Service Provider licences, foreign ownership is capped at 85%, with a corresponding requirement of at least 15% domestic participation (Sections 7.2.11.1–7.2.11.2).
- For National Infrastructure and Connectivity Service Provider (NICSP) licences, including existing Nationwide Telecommunications Transmission Network (NTTN) and Tower Sharing licences, foreign ownership is generally capped at 65% (Sections 7.7.12.2–7.7.12.3). However, exceptions may allow foreign equity of up to 85% (Section 7.7.12.5).
- For International Connectivity Service Provider (ICSP) licences, foreign shareholding is limited to 49% (Section 7.8.8).
The 60% foreign ownership cap previously set out in Section 4.06(i) of the Broadband Wireless Access (BWA) Guidelines has been superseded by the ownership limits established under the new licensing policy. Similarly, the previous Tower Sharing regime has been integrated into the NICSP category under Section 7.7.13. More generally, Sections 10.3.3, 13.7, and 14.2 provide that renewals and new applications must be issued under the new licensing categories, while existing licences may continue during their current terms.
Coverage Telecommunications sector

BANGLADESH

Reported in 2019, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government maintains ownership of shares in specific telecommunications companies. Notably, the government holds full ownership of Bangladesh Telecommunication Company Limited, Teletalk Bangladesh Limited, Telephone Shilpa Sangstha Ltd, and Bangladesh Cable Shilpa Limited. In addition, the government retains a 73.84% shareholding in Bangladesh Submarine Cable Company Limited.
Coverage Telecommunications sector

BANGLADESH

Since September 2025

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Telecommunications Network and Licensing Policy, 2025
Bangladesh imposes obligations of accounting and functional separation on telecommunications operators with Significant Market Power (SMP). Under the Telecommunications Network and Licensing Policy 2025, Sections 11.8.1 and 11.8.2(d) authorise the Bangladesh Telecommunication Regulatory Commission (BTRC) to identify SMP operators and impose requirements relating to accounting separation and financial transparency.
The Policy further gives BTRC broader separation-related powers. Sections 11.8.5(c) and 11.8.7(b)–(c) allow BTRC to review financial transparency, recommend structural separation where justified, prohibit undue accumulation of licences across distinct functional layers without operational or structural separation, and require accounting separation, firewall mechanisms, and public disclosure for multi-layer licensees.
Coverage Telecommunications sector

BANGLADESH

Since April 2001, last amended in August 2010

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Bangladesh Telecommunication Regulatory Authority Act, 2001 - Act No. 18 of 2001 (বাংলাদেশ টেলিযোগাযোগ নিয়ন্ত্রণ আইন, ২০০১ - ২০০১ সনের ১৮ নং আইন)
Under Section 96 of the Bangladesh Telecommunication Regulatory Authority Act, the government is empowered, in the public interest, to assume control of any telecommunication system, along with any necessary arrangements for its operation. This control may be maintained for an indefinite period, during which the operator and the employees of the telecom operator may be required to remain engaged either on a full-time basis or for a specified duration to ensure the continued operation of the apparatus or system.
Coverage Telecommunications sector

BANGLADESH

Since September 2025

Pillar Telecom infrastructure & competition  |  Indicator Licensing restrictions to operate in the telecom market
Telecommunications Network and Licensing Policy, 2025
The Telecommunications Network and Licensing Policy 2025 establishes a new licensing framework for Bangladesh and imposes specific market-entry conditions. Under Section 7.3.4, Cellular Mobile Service Provider licences are subject to a limited licensing framework, with the number of licences determined by the Bangladesh Telecommunication Regulatory Commission (BTRC) based on spectrum availability, market competition, and consumer benefit. For National Infrastructure and Connectivity Service Provider (NICSP) licences, Section 7.7.10 requires applicants to demonstrate minimum investment capacity. However, this minimum investment has not yet been established.
Coverage Telecommunications sector

BANGLADESH

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Bangladesh has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

BANGLADESH

Reported in 2019, last reported in 2025

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Bangladesh has a telecommunications regulatory authority, the Bangladesh Telecommunication Regulatory Commission (BTRC). However, its decision-making process is not entirely independent of government influence. Officially, the BTRC is an autonomous regulatory body tasked with overseeing telecommunications and related matters. Nevertheless, reports suggest that, in practice, it lacks genuine independence and primarily represents governmental interests. The Ministry of Posts, Telecommunications, and Information Technology (MPTIT) is responsible for regulating the sector, with the BTRC functioning as a subsidiary entity. Additionally, the Posts and Telecommunications Division (PTD) within the MPTIT supervises the BTRC's operations.
Coverage Telecommunications sector

BANGLADESH

Since May 1991, last amended in June 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Bank Company Act, 1991 - Act No. 14 of 1991 (ব্যাংক-কোম্পানী আইন, ১৯৯১ - ১৯৯১ সনের ১৪ নং আইন)
Section 12 of the Bank Company Act provides that banks may not transfer records or documents relating to their business outside Bangladesh without prior approval by the Central Bank.
Coverage Financial sector

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