OMAN
Reported in 2018, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that media imports are subject to censorship by the Ministry of Heritage, Culture and Sport for morally or politically sensitive material. The Ministry of Information delays or bars publications of content it deems morally suspect or politically sensitive. Since 2021, Oman has blocked Clubhouse because it does not have a permit.
Coverage Clubhouse
Sources
- https://web.archive.org/web/20231211075448/https://www.trade.gov/country-commercial-guides/oman-import-requirements-documentation
- https://web.archive.org/web/20231211222931/https://www.aljazeera.com/economy/2021/3/15/oman-blocks-clubhouse-app-fueling-regional-censorship-fears
- https://web.archive.org/web/20231003205104/https://www.theverge.com/2021/3/14/22329983/oman-blocks-clubhouse-app-privacy-censorship
- Show more...
OMAN
Reported in 2021, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web services
It is reported that Oman, through its government's majority-owned telecommunications service providers and telecommunications regulators, periodically slows or blocks access to certain over-the-top services such as Voice over Internet Protocol (VoIP) services.
Coverage Over-the-top services (i.e. VoIP)
OMAN
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 3 in Oman for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Internet access
OMAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Regulatory Authority (TRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
OMAN
Reported in 2015, last reported in 2023
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Local data processing requirement
It is reported that the Telecommunications Regulatory Authority (TRA) requires service providers to house servers in Oman if they provide services in the country. However, no regulatory provision has been identified in this area.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230930032057/https://www.state.gov/reports/2023-investment-climate-statements/oman/
- https://web.archive.org/web/20210322081518/https://2009-2017.state.gov/e/eb/rls/othr/ics/2015/241691.htm
- https://web.archive.org/web/20231014110603/https://www.state.gov/reports/2021-investment-climate-statements/oman/
- Show more...
OMAN
Since February 2022, entry into force in February 2023
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Royal Decree 6/2022 promulgating the Personal Data Protection Law
(مرسوم سلطاني رقم 2022/6 بإصدار قانون حماية البيانات الشخصية)
(مرسوم سلطاني رقم 2022/6 بإصدار قانون حماية البيانات الشخصية)
Art. 23 of the Personal Data Protection Law provides that the controller may transfer personal data outside the borders of the Sultanate of Oman in accordance with the controls and procedures determined by the Executive Regulations. Further, the law prohibits transferring personal data that has been processed in violation of its provisions or if the transfer would cause harm to the data subject.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220809004041/https://www.mjla.gov.om/legislation/decrees/details.aspx?Id=1397&type=L
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
- https://web.archive.org/web/20231202211032/https://www.dataguidance.com/notes/oman-data-protection-overview
- Show more...
OMAN
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
Oman has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
OMAN
Since February 2022, entry into force in February 2023
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Royal Decree 6/2022 promulgating the Personal Data Protection Law
(مرسوم سلطاني رقم 2022/6 بإصدار قانون حماية البيانات الشخصية)
(مرسوم سلطاني رقم 2022/6 بإصدار قانون حماية البيانات الشخصية)
The Law on the Protection of Personal Data enacted by Royal Decree No. 6 of 2022 provides a comprehensive regime of data protection in Oman. The Law consists of 32 articles which, among other things, introduce data protection principles and rights for data subjects that bring the country's legislative regime into closer alignment with global data protection laws. Furthermore, the Law appoints the Ministry of Transport, Communications and Information Technology as the regulatory authority responsible for enforcement.
Coverage Horizontal
OMAN
Since February 2022, entry into force in February 2023
Since January 2024
Since January 2024
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Royal Decree 6/2022 promulgating the Personal Data Protection Law
(مرسوم سلطاني رقم 2022/6 بإصدار قانون حماية البيانات الشخصية)
Ministerial Resolution No. 2024/34 issuing the Executive Regulations for the Personal Data Protection Law
(وزارة النقل والاتصالات وتقنية المعلومات: قرار وزاري رقم ٣٤ / ٢٠٢٤ بإصدار اللائحة التنفيذية لقانون حماية البيانات الشخصية)
(مرسوم سلطاني رقم 2022/6 بإصدار قانون حماية البيانات الشخصية)
Ministerial Resolution No. 2024/34 issuing the Executive Regulations for the Personal Data Protection Law
(وزارة النقل والاتصالات وتقنية المعلومات: قرار وزاري رقم ٣٤ / ٢٠٢٤ بإصدار اللائحة التنفيذية لقانون حماية البيانات الشخصية)
Art. 20 of the Personal Data Protection Law explicitly mandates data controllers to appoint a Data Protection Officer (DPO). Art. 34 of the Executive Regulations for the Personal Data Protection Law further stipulates that the appointment of a DPO must adhere to specific criteria. Art. 35 delineates the duties of the DPO, which include offering recommendations and guidance on fulfilling obligations under the Law and its Executive Regulations, monitoring the implementation of policies related to personal data protection, ensuring compliance with legal and regulatory requirements, and liaising with the Ministry of Transport, Communications, and Information Technology on issues pertaining to personal data processing.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231211175233/https://www.mjla.gov.om/legislation/decrees/details.aspx?Id=1397&type=L
- https://web.archive.org/web/20240416/https://qanoon.om/p/2024/mtcit20240034/
- https://www.dataguidance.com/notes/oman-data-protection-overview
- https://web.archive.org/web/20240602/https://www.pwc.com/m1/en/services/consulting/documents/oman-data-privacy-handbook.pdf
- Show more...
OMAN
Since May 2008, last amended in December 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Royal Decree No. 65/2008 on Law on Copyright and Neighbouring Rights
Oman has a copyright regime under the Royal Decree No. 65/2008 on Law on Copyright and Neighbouring Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 20 lists the exceptions, which include quoting paragraphs from a protected work lawfully made available to the public in another work for clarification, explanation, or criticism purposes, to the extent of the desired purpose and as much as justified by such goal; the use of the work in meetings within the family or through an educational institution for clarification during face-to-face educational or teaching purposes, within limits justified by such goal, provided that this would be done with no direct or indirect compensation; among others.
Coverage Horizontal
OMAN
Since September 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Oman ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
OMAN
Since September 2005
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Oman ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
OMAN
Since May 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Royal Decree 67/2008 on Law on Industrial Property Rights
Art. 65.3 of the Law on Industrial Property Rights allows the disclosure of data in industrial and commercial activities if necessary to protect the public interest. However, there is no further clarification on what constitutes public interest, leaving this provision ambiguous.
Coverage Horizontal
OMAN
Since March 2002, last amended in 2015
Since March 2008
Since March 2008
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Mandatory disclosure of business trade secrets such as algorithms or source code
Telecommunications Regulatory Act (Royal Decree 30/2002)
(مرسوم سلطاني رقم ٣٠ / ٢٠٠٢ بإصدار قانون تنظيم الاتصالات)
Decision No. 37/2008 - Rules for importing, exporting, re-exporting and usage of Encryption Systems and Equipment
(هيئة تنظيم الاتصالات: قرار رقم ٣٧ / ٢٠٠٨ ضوابط استيراد وتصدير وإعادة تصدير واستخدام أنظمة وأجهزة التشفير)
(مرسوم سلطاني رقم ٣٠ / ٢٠٠٢ بإصدار قانون تنظيم الاتصالات)
Decision No. 37/2008 - Rules for importing, exporting, re-exporting and usage of Encryption Systems and Equipment
(هيئة تنظيم الاتصالات: قرار رقم ٣٧ / ٢٠٠٨ ضوابط استيراد وتصدير وإعادة تصدير واستخدام أنظمة وأجهزة التشفير)
Pursuant to the Telecommunications Regulatory Act, the Telecommunications Regulatory Authority issued Decision No. 37/2008. In accordance with Arts. 4 and 5, dealing in encryption systems or equipment should only be permitted after obtaining the Authority’s approval. The following are required to obtain the Authority’s approval to deal with encryption systems or equipment:
- Registration with the Authority to deal in encryption systems or equipment;
- Submission of a statement showing the type and specifications of all encryption systems or equipment intended to deal in;
- A sample of the encryption system or equipment intended to be dealt with whenever requested by the Authority. Where samples are submitted, the Authority may retain them in whole or in part if the work interest so requires;
- Information as requested by the Authority regarding the dealing user;
In addition, the Authority may scrutinise and inspect the encryption systems or equipment before licensing their usage, and it may, whenever necessary, retain a sample and obtain the key (Art. 9).
- Registration with the Authority to deal in encryption systems or equipment;
- Submission of a statement showing the type and specifications of all encryption systems or equipment intended to deal in;
- A sample of the encryption system or equipment intended to be dealt with whenever requested by the Authority. Where samples are submitted, the Authority may retain them in whole or in part if the work interest so requires;
- Information as requested by the Authority regarding the dealing user;
In addition, the Authority may scrutinise and inspect the encryption systems or equipment before licensing their usage, and it may, whenever necessary, retain a sample and obtain the key (Art. 9).
Coverage Horizontal
Sources
- https://web.archive.org/web/20241111151913/https://cyrilla.org/api/files/1589271555692iojnsh37qcd.pdf
- https://web.archive.org/web/20220901035115/https://tra.gov.om/pdf/telecom-act-2015-english.pdf
- https://web.archive.org/web/20230110164013/https://www.dataguidance.com/sites/default/files/royal-decree-no-302002-telecommunications-royal-decree-no-302002-telecommunications.pdf
- Show more...
OMAN
Since May 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Royal Decree No. 38/2000 on Law on Trademarks
Oman has a framework in place that provides effective protection of trade secrets. Royal Decree No. 38/2000 on Law on Trademarks establishes broad protections for trade secrets. Within the law, a trade secret is defined as such if "due to its nature, it is not known, it draws its commercial value from its confidentiality, reasonable measures have been taken to maintain its confidentiality, or it is not easily accessible to an ordinary person having skill in the art". Sanctions against the disclosure of trade secrets include fines and imprisonment.
Coverage Horizontal