Pursuant to Rule 7A of the National Broadcasting Regulation, licensed over-the-top (OTT) operators offering services to customers or generating revenue within Nepal are obligated to establish a cache server within the country. These operators are required to register customers on a server located in Nepal before granting access to their content and must retain detailed customer information. Additionally, records of all transactions must be securely stored on a Customer Management System Server. However, the regulation does not clearly define the term "Customer Management System Server" or specify whether such a server must be physically situated within Nepal and directly managed by the OTT service providers. The regulation defines OTT as the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms utilising internet connectivity

Section 12.4 of the Privacy Act requires the consent of the data subject for the disclosing, making public, or transferring of the following data: details relating to a medical examination; details relating to property and income; further information relating to employment; details relating to family matters; biometric data and fingerprints; signatures or electronic signatures; further information concerning the political affiliation and voting; and further information pertaining to profession and business. The term 'transfer' may signify the transfer of personal data outside Nepal, thereby requiring specific consent from the individual, although there is no clear evidence about the applicability of this requirement to cross-border data transfers.

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

Nepal lacks a comprehensive data protection regime. Nevertheless, the Individual Privacy Act 2075 (वैयक्तिक गोपनीयता सम्बन्धी ऐन, २०७५ ) enforces the constitutional right to privacy, incorporating provisions on the collection, storage, and disclosure of data, and mandates individual consent prior to the collection of personal information. Privacy in Nepal is further governed by the Individual Privacy Regulation 2077 (2020), which regulates the implementation of the Privacy Act, and the Data Act 2079 (2022), which regulates the generation, management, storage, and publication of data, delineating the responsibilities of data controllers, producers, and users.

Rule 8 of the National Broadcasting Regulation stipulates that over-the-top (OTT) service providers are required to maintain a record of the programmes they transmit for a minimum duration of 60 days. In addition, these records must be made accessible to the Ministry of Communications and Information Technology, as well as other governmental authorities, for the purpose of investigations. The term "OTT" is defined as the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms utilising internet connectivity.

The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 43, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content fully aware that it contravenes the law.

It is reported that the protection of intellectual property rights remains a significant challenge in Nepal, as the existing laws and regulations are outdated and not very effective, and their enforcement is inconsistent. This situation is further compounded by difficulties in preventing the sale of digital media.

Nepal has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Nepal is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

Nepal has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

According to Art. 15 of the Public Procurement Act, international bidding is used for public procurement only when goods cannot be procured at competitive prices, if no bid has been submitted in the national bid for procurement of goods and services, or if it is certified by a public entity that goods to be procured is of complex and special nature.

According to Section 17 of the Public Procurement Regulation, a public entity shall, in making procurement by selecting any method set forth in the Regulation, provide a 15% price preference to the Nepali goods.

According to Section 31(F), introduced in 2019 through an amendment of the Public Procurement Regulation, domestic bidders are given preference even when public procurement is done through international bidding. Domestic firms, organisations, or companies that participate solely or in joint ventures with domestic firms, organisations, or companies are preferred in international bidding with a price preference margin of up to 5%.