UZBEKISTAN
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 Uzbekistan's law and jurisprudence.
Coverage Internet intermediaries
UZBEKISTAN
Since July 2019, entry into force in October 2019, last amended in 2023
Pillar Domestic data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law of the Republic of Uzbekistan on Personal Data - Act No. ЗРУ-547
(Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
(Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
According to Art. 31 of the Law on Personal Data, government bodies, legal entities and individuals processing personal data (i.e. operators of personal data) or having the right to use and dispose personal data (i.e. owners of personal data) must designate a structural unit or a responsible person that has to organize work with respect to personal data protection in the course of its processing.
Coverage Horizontal
UZBEKISTAN
Since November 2006
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Resolution of the President on Measures for Increasing the Effectiveness of Operational and Investigative Actions on the Telecommunications Networks of the Republic of Uzbekistan No. PP-513
It is reported that ISPs and mobile service providers must provide to the authorities direct, real-time access to their communications networks without notification and oversight. These operators must install System for Operational Investigative Measures (SORM)-compliant surveillance equipment on their networks in order to obtain an operating license, which would provide the authorities unfettered access to internet traffic and subscribers’ information. It is reported that this measure is contained in the Resolution of the President on Measures for Increasing the Effectiveness of Operational and Investigative Actions on the Telecommunications Networks of the Republic of Uzbekistan, but the text is not available online.
Coverage ISPs and mobile service providers
UZBEKISTAN
Since April 2022
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Law on Cybersecurity No. ORQ-764 (O‘zbekiston Respublikasining Qonuni
Kiberxavfsizlik to‘g‘risida)
Kiberxavfsizlik to‘g‘risida)
Art. 15 of the Law on Cybersecurity provides that operators of critical facilities must store a backup copy of all data from information systems and resources for at least three months. This requirement affects businesses that possess, operate or interoperate information systems used in critical facilities, including public administration and the provision of public services, defense, national security, law enforcement, fuel and energy industries (including nuclear energy), chemical and petrochemical industries, metallurgy, water management and water supply, agriculture, public health, housing and utility services, banking and finance, transportation, information and communication technologies, ecology and environmental protection, extraction and processing of minerals of strategic importance, manufacturing, other sectors of the economy and the social sphere.
Coverage Operators of critical facilities
UZBEKISTAN
Since July 2019, entry into force in October 2019, last amended in 2023
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Law of the Republic of Uzbekistan on Personal Data - Act No. ЗРУ-547
(Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
(Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
The Law of the Republic of Uzbekistan on Personal Data provides for a comprehensive regime of data protection regime in Uzbekistan. It is the first unified data protection law and outlines requirements for data subjects' consent, the purposes of processing, and notifying data subjects when transferring their personal data to a third party. The excludes biometric, educational, criminal and health information, previously included in a draft version, from its application.
Coverage Horizontal
Sources
- https://lex.uz/docs/4831939
- https://www.dataguidance.com/jurisdiction/uzbekistan
- https://www.loc.gov/item/global-legal-monitor/2021-05-07/uzbekistan-new-requirements-for-uzbek-citizens-personal-data-localization-enter-into-force/
- https://www.dlapiperdataprotection.com/index.html?t=law&c=UZ#:~:text=The%20Law%20on%20Personal%20Data%20also%20determines%20that%20cross%2Dborder,the%20country%20and%20national%20security.
- https://azizovpartners.uz/en/memos/requirements-for-protection-of-personal-data-in-uzbekistan/
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UZBEKISTAN
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
Uzbekistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
UZBEKISTAN
Since July 2019, entry into force in October 2019, last amended in 2023
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law of the Republic of Uzbekistan on Personal Data - Act No. ЗРУ-547 (Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
In accordance with Art. 15 of the Law on Personal Data, cross-border transfers of personal data can be carried out when a foreign state ensures adequate protection for the rights of the subjects of personal data. In the absence of such protection, the cross-border transfer of personal data is allowed in the following cases:
- the data subject has consented to the cross-border transfer of their personal data;
- there is a need to protect constitutional order, public order, the rights and freedoms of citizens, or the health and the morals of the population; or
- it is stipulated by international treaties.
The transfer of personal data may be prohibited or restricted in order to protect the constitutional system of the Republic of Uzbekistan, the rights and legitimate interests of citizens, or to ensure the security of the State.
- the data subject has consented to the cross-border transfer of their personal data;
- there is a need to protect constitutional order, public order, the rights and freedoms of citizens, or the health and the morals of the population; or
- it is stipulated by international treaties.
The transfer of personal data may be prohibited or restricted in order to protect the constitutional system of the Republic of Uzbekistan, the rights and legitimate interests of citizens, or to ensure the security of the State.
Coverage Horizontal
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
The telecommunications authority in the country is the Ministry for Development of Information Technologies and Communications of the Republic of Uzbekistan (MiTC). Therefore, the authority is not independent in its decision-making and it is reported that it operates opaquely.
Coverage Telecommunications sector
UZBEKISTAN
Since July 2019, entry into force in October 2019, as amended in January 2021
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Law of the Republic of Uzbekistan on Personal Data - Act No. ЗРУ-547 (Ўзбекистон Республикасининг Қонуни Шахсга доир маълумотлар тўғрисида)
Art. 27-1 of the Law on Personal Data provides that the owners and/or operators are obliged to ensure that databases containing personal data of citizens of Uzbekistan are collected, systematized, and stored using technical means physically located in the territory of Uzbekistan. Moreover, the operators have to register their databases in the State Register of Personal Databases.
Coverage Horizontal
Sources
- https://lex.uz/docs/4396428
- https://www.dataguidance.com/notes/uzbekistan-data-transfers
- https://www.dlapiperdataprotection.com/index.html?t=collection-and-processing&c=UZ
- https://www.loc.gov/item/global-legal-monitor/2021-05-07/uzbekistan-new-requirements-for-uzbek-citizens-personal-data-localization-enter-into-force/
- https://uzbekistanlawblog.com/data-protection-in-uzbekistan-challenges-and-opportunities/
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UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Uzbekistan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Uzbekistan is not a member of the WTO.
Coverage Telecommunications sector
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Uzbekistan does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
UZBEKISTAN
Since July 2021, last amended in 2023
Since February 2022, entry into force in March 2022, last amended in 2023
Since February 2022, entry into force in March 2022, last amended in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Law of the Republic of Uzbekistan No. LRU-701 on licensing, permitting and notification procedures (O‘zbekiston Respublikasining Qonuni Litsenziyalash, ruxsat berish va xabardor qilish tartib-taomillari to‘g‘risida)
Resolution of the Cabinet of Ministers No. 80 on approval of a unified regulation on the procedure for licensing certain types of activities through a special electronic system (O‘zbekiston Respublikasi Vazirlar Mahkamasining
qarori Maxsus elektron tizim orqali ayrim faoliyat turlarini litsenziyalash tartibi to‘g‘risidagi yagona nizomni tasdiqlash haqida)
Resolution of the Cabinet of Ministers No. 80 on approval of a unified regulation on the procedure for licensing certain types of activities through a special electronic system (O‘zbekiston Respublikasi Vazirlar Mahkamasining
qarori Maxsus elektron tizim orqali ayrim faoliyat turlarini litsenziyalash tartibi to‘g‘risidagi yagona nizomni tasdiqlash haqida)
It is reported that licensing can be an instrument of control in the telecommunications sector, that the process is often encumbered by political interests and has historically been marred by bribery. Annex No. 1 of Law No. LRU-701 lists the activities for which a licence is required, including design, construction, operation, and provision of services of telecommunications networks. In addition, Annex No. 15 of Resolution No. 80 lists the documents to be submitted for obtaining the license and establishes the licensing requirements and conditions to be met when carrying out licensed activities, including the licensee's participation in the implementation of national programs for the development of telecommunications to solve national problems, and the mandatory provision of services to consumers in rural areas, sparsely populated and hard-to-reach areas.
Coverage Telecommunications sector
Sources
- https://lex.uz/ru/docs/6120660
- https://lex.uz/ru/docs/-5870213
- https://freedomhouse.org/country/uzbekistan/freedom-net/2023
- https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://digital.gov.uz/en/pages/licensing/
- https://freedomhouse.org/country/uzbekistan/freedom-net/2023
- https://www.trade.gov/country-commercial-guides/uzbekistan-licensing-requirements-professional-services
- https://opennet.net/research/profiles/uzbekistan
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UZBEKISTAN
Reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in several telecommunications companies. In particular, 96.4% of the shares of Uzbektelecom JSC are held by Uzbek public institutions. In addition, three of the five mobile operators active in the mobile market are state-owned, namely Ucell (49% owned by the State Assets Management Agency of the Republic of Uzbekistan), Mobiuz (fully owned by the Ministry for Development of Information Technologies and Communications), and UzMobile (sub-brand of Uzbektelecom).
Coverage Telecommunications sector
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Uzbekistan to deliver telecom services to end users. However, it is reported that passive sharing is practiced in the mobile sector based on commercial agreements.
Coverage Telecommunications sector
UZBEKISTAN
Since September 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law of the Republic of Uzbekistan on Trade Secrets - Act No. LRU-374 (Ўзбекистон Республикасининг Қонуни Тижорат Сири Тўғрисида)
Law LRU-374 provides a framework for effective protection of trade secrets.
Coverage Horizontal
Source