BANGLADESH
Since 2019
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Approval Procedure of Payment System Operator (PSO)/Payment Service Provider (PSP)
As stipulated in Section 4.2 of the "Approval Procedure of Payment System Operator (PSO)/Payment Service Provider (PSP)", payment service providers are required to establish a technological infrastructure within Bangladesh. According to Annexure-B, this infrastructure comprises hardware, software, network communication, integration with banks and other institutions, as well as additional components.
Coverage Payment service providers
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 Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Bangladesh does not have a comprehensive regime in place for all personal data, but it has sectoral regulation. The fundamental principles of data protection and privacy are established through the constitutional right to privacy, alongside provisions in the Information and Communication Technology Act 2006, and the Cybersecurity Act 2023. Additional relevant legislation includes the Telecommunication Act 2001, the Contract Act 1872, the Consumers' Rights Protection Act, the Penal Code 1860, and the Copyright Act 2000.
Coverage Horizontal
Sources
- https://www.dataguidance.com/notes/bangladesh-data-protection-overview
- https://web.archive.org/web/20250213185812/https://unctad.org/page/cyberlaw-tracker-country-detail?country=bd
- https://web.archive.org/web/20250213185844/https://www.lexology.com/library/detail.aspx?g=9d8ee851-d00e-48d0-81dd-eed6bbedb224
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BANGLADESH
Since December 2020
Pillar Domestic data policies |
Indicator Minimum period for data retention
Regulatory and Licensing Guideline For Internet Service Provider (ISP) in Bangladesh
According to Clause 25.4 of the "Regulatory and Licensing Guideline for Internet Service Providers (ISPs) in Bangladesh", licensees are required to maintain individual user history records, system failure records, Simple Network Management Protocol (SNMP) traffic data, and bandwidth utilisation records as daily logs for a minimum period of three months. These records must be made available upon request by the Bangladesh Telecommunication Regulatory Commission or any relevant law enforcement agency.
Coverage Internet Service Providers (ISPs)
Sources
- https://web.archive.org/web/20250227200236/https://lims.btrc.gov.bd/uploads/service_guideline/Regulatory%20and%20Licensing%20Guideline%20for%20Internet%20Service%20Provider%20(ISP)%20in%20Bangladesh.p...
- https://web.archive.org/web/20250219185057/https://today.thefinancialexpress.com.bd/print/isps-to-keep-records-of-users-for-one-year-1692638399?utm
BANGLADESH
Since July 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Digital Commerce Operation Guidelines, 2021 (ডিজিটাল কমার্স পরিচালনা নির্দেশিকা -২০২১)
In accordance with Section 3.1.14 of the Digital Commerce Operation Guidelines, all information pertaining to the operations of digital commerce platforms must be retained for a minimum period of six years and shall be made available to any government authority upon request.
Coverage Digital commerce platforms
Sources
- https://web.archive.org/web/20250318191931/https://mincom.gov.bd/sites/default/files/files/mincom.portal.gov.bd/notices/60120aa2_5245_442f_ac7a_369485877e2e/2065-Comerce-04%20July%202021(11245-11252)....
- https://web.archive.org/web/20250318192214/https://www.thedailystar.net/law-our-rights/law-analysis/news/marks-be-registered-trademarks-bangladesh-2123921
BANGLADESH
Since April 2001, as amended in February 2006
Since December 2020
Since December 2020
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Bangladesh Telecommunication Regulatory Authority Act, 2001 - Act No. 18 of 2001 (বাংলাদেশ টেলিযোগাযোগ নিয়ন্ত্রণ আইন, ২০০১ - ২০০১ সনের ১৮ নং আইন)
Regulatory and Licensing Guideline For Internet Service Provider (ISP) in Bangladesh
Regulatory and Licensing Guideline For Internet Service Provider (ISP) in Bangladesh
Under Section 97A of the Telecommunication Regulatory Authority Act, the government, on the grounds of national security and public order, may authorise specific governmental bodies—such as intelligence agencies, national security agencies, investigative agencies, or any officer of a law enforcement agency—to record or collect user information pertaining to any subscriber of a telecommunications service. The relevant telecommunications operator is obliged to provide full cooperation to the authority vested with such powers. For the purposes of this section, "government" refers to the Ministry of Home Affairs, and the provisions outlined herein shall be applicable upon approval by the Minister or State Minister of that Ministry. This is also confirmed in Section 33 of the "Regulatory and Licensing Guideline for Internet Service Providers (ISP) in Bangladesh", which stipulates that the operational systems of ISPs must be compatible with lawful interception and enable the identification of Wi-Fi subscribers.
Coverage Telecommunications sector
Sources
- http://bdlaws.minlaw.gov.bd/act-857/section-33698.html
- http://web.archive.org/web/20250227181249/https://clfr.globalnetworkinitiative.org/country/bangladesh/
- https://web.archive.org/web/20250214202409/https://freedomhouse.org/country/bangladesh/freedom-net/2024
- https://web.archive.org/web/20250227200236/https://lims.btrc.gov.bd/uploads/service_guideline/Regulatory%20and%20Licensing%20Guideline%20for%20Internet%20Service%20Provider%20(ISP)%20in%20Bangladesh.p...
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BANGLADESH
Since September 2023
Since October 2018, until September 2023
Since October 2018, until September 2023
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Cyber Security Act, 2023 - Act No. 39 of 2023 (সাইবার নিরাপত্তা আইন, ২০২৩ - ২০২৩ সনের ৩৯ নং আইন )
Digital Security Act, 2018 - Act No. 46 of 2018 (ডিজিটাল নিরাপত্তা আইন, ২০১৮ - ২০১৮ সনের ৪৬ নং আইন )
Digital Security Act, 2018 - Act No. 46 of 2018 (ডিজিটাল নিরাপত্তা আইন, ২০১৮ - ২০১৮ সনের ৪৬ নং আইন )
Section 42 of the Cyber Security Act, which closely parallels Section 43 of the now-repealed Digital Security Act, grants police officers the authority to seize computers and related hardware without requiring a warrant.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250227234510/http://bdlaws.minlaw.gov.bd/upload/act/2023-10-16-13-54-10-Act-No.-39-of-2023.pdf
- http://bdlaws.minlaw.gov.bd/upload/act/2025-01-29-15-54-16-87.%E0%A6%A1%E0%A6%BF%E0%A6%9C%E0%A6%BF%E0%A6%9F%E0%A6%BE%E0%A6%B2-%E0%A6%A8%E0%A6%BF%E0%A6%B0%E0%A6%BE%E0%A6%AA%E0%A6%A4%E0%A7%8D%E0%A6%A4%E...
- https://web.archive.org/web/20250221013639/https://freedomhouse.org/country/bangladesh/freedom-net/2024
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BANGLADESH
Since October 2006
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Information and Communication Technology Act, 2006 - Act No. 39 of 2006 (তথ্য ও যোগাযোগ প্রযুক্তি আইন, ২০০৬ - ২০০৬ সনের ৩৯ নং আইন)
Under Section 30 of the Information and Communication Technology Act, the ICT Controller—an officer appointed under this Act responsible for overseeing its implementation—is authorised to access any computer system, apparatus, data, or other material associated with a computer system for the purpose of conducting or facilitating a search to obtain information contained within or accessible to the system. The ICT Controller may, by order, require any individual responsible for, or otherwise involved in the operation of, the computer system, data apparatus, or related material to provide such reasonable technical and other assistance as they deem necessary.
In addition, under Section 46, if the ICT Controller determines that it is necessary or expedient in the interests of the sovereignty, integrity, or security of Bangladesh, international relations, public order, or for the prevention of incitement to commit a legally recognised offence, they may direct any government law enforcement agency to intercept information transmitted through any computer resource. Additionally, they may instruct the subscriber or any individual responsible for a computer resource to provide all necessary assistance in decrypting the relevant information.
Pursuant to Section 29, the ICT Controller or an authorised officer possesses the same authority as that conferred upon a Civil Court under the Code of Civil Procedure of Bangladesh. These powers encompass the authority to conduct "discovery and inspection" as well as to "compel the production of any document."
In addition, under Section 46, if the ICT Controller determines that it is necessary or expedient in the interests of the sovereignty, integrity, or security of Bangladesh, international relations, public order, or for the prevention of incitement to commit a legally recognised offence, they may direct any government law enforcement agency to intercept information transmitted through any computer resource. Additionally, they may instruct the subscriber or any individual responsible for a computer resource to provide all necessary assistance in decrypting the relevant information.
Pursuant to Section 29, the ICT Controller or an authorised officer possesses the same authority as that conferred upon a Civil Court under the Code of Civil Procedure of Bangladesh. These powers encompass the authority to conduct "discovery and inspection" as well as to "compel the production of any document."
Coverage Horizontal
Sources
- https://cyrilla.org/entity/dqctnkcxm0w?file=1588594729616gl43oin1uvb.pdf&page=1
- http://bdlaws.minlaw.gov.bd/act-details-950.html
- http://web.archive.org/web/20250227181249/https://clfr.globalnetworkinitiative.org/country/bangladesh/
- https://web.archive.org/web/20250326174902/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
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BANGLADESH
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
Bangladesh's legal framework and jurisprudence lack a comprehensive provision on intermediary liability for copyright infringement. Section 82 of the Copyright Act 2023 merely states that if it is determined that the copyright or other rights of a work’s creator or legal licensee have been infringed by a network service provider or any other third party, the creator, legal licensee, network service provider, or third party must, upon receiving a written objection, remove all copies of the disputed work from any medium under their control as soon as possible and notify the complainant in writing. Failure to comply renders the network service provider, institution, individual, or third party liable for copyright infringement. For the purposes of this section, a "service provider" is defined as a network, individual, or institution that disseminates, publishes, or broadcasts content through any medium, including information technology, the Internet, and digital platforms.
Coverage Internet intermediaries
BANGLADESH
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
Section 37 of the Cyber Security Act stipulates that a service provider shall not be held liable under this Act or any associated regulations for enabling access to data or information, provided that they can demonstrate either a lack of knowledge regarding the offence or breach, or that they undertook all reasonable efforts to prevent it. However, reports indicate that, in its current form, this safe harbour provision fails to offer sufficient protection to intermediaries in relation to user-generated content.
Coverage Internet intermediaries
BANGLADESH
Since December 2020
Pillar Intermediary liability |
Indicator User identity requirement
Regulatory and Licensing Guideline For Internet Service Provider (ISP) in Bangladesh
According to Section 33 of the "Regulatory and Licensing Guideline for Internet Service Provider (ISP) in Bangladesh", internet service providers are required to verify the identities of their Wi-Fi subscribers.
Coverage Internet Service Providers (ISPs)
BANGLADESH
Reported in 2015, last reported in 2024
Pillar Intermediary liability |
Indicator User identity requirement
Identity requirement for SIM cards
It is reported that mobile network operators must collect and validate users' personal information and proof of identity to sell SIM cards. This also includes biometric registration.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250221013459/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/
- https://web.archive.org/web/20250221013639/https://freedomhouse.org/country/bangladesh/freedom-net/2024
- https://web.archive.org/web/20250221013646/https://advox.globalvoices.org/2015/12/22/bangladesh-will-demand-biometric-data-from-all-sim-card-users/
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BANGLADESH
Since September 2023
Since October 2018, until September 2023
Since October 2018, until September 2023
Pillar Intermediary liability |
Indicator Monitoring requirement
Cyber Security Act, 2023 - Act No. 39 of 2023 (সাইবার নিরাপত্তা আইন, ২০২৩ - ২০২৩ সনের ৩৯ নং আইন )
Digital Security Act, 2018 - Act No. 46 of 2018 (ডিজিটাল নিরাপত্তা আইন, ২০১৮ - ২০১৮ সনের ৪৬ নং আইন )
Digital Security Act, 2018 - Act No. 46 of 2018 (ডিজিটাল নিরাপত্তা আইন, ২০১৮ - ২০১৮ সনের ৪৬ নং আইন )
It has been reported that some provisions of the Cyber Security Act of 2023 categorise the mere transmission of certain content as an offence, and their broad scope may impose liability on intermediaries even in the absence of malicious intent. In the absence of an explicit mens rea requirement, a service provider transmitting such content without criminal intent could nonetheless be subject to prosecution. These sections include Section 21, which criminalises the dissemination of online propaganda, Section 28, which penalises the publication of content deemed to offend religious values or sentiments, and Section 29, which criminalises the dissemination of defamatory material online or in any electronic format. Notably, Chapter Six of the now-repealed Digital Security Act contained provisions analogous to those outlined in the Cyber Security Act.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20250227234510/http://bdlaws.minlaw.gov.bd/upload/act/2023-10-16-13-54-10-Act-No.-39-of-2023.pdf
- http://bdlaws.minlaw.gov.bd/upload/act/2025-01-29-15-54-16-87.%E0%A6%A1%E0%A6%BF%E0%A6%9C%E0%A6%BF%E0%A6%9F%E0%A6%BE%E0%A6%B2-%E0%A6%A8%E0%A6%BF%E0%A6%B0%E0%A6%BE%E0%A6%AA%E0%A6%A4%E0%A7%8D%E0%A6%A4%E...
- https://web.archive.org/web/20250221013639/https://freedomhouse.org/country/bangladesh/freedom-net/2024
- https://web.archive.org/web/20250227234302/https://aicasia.org/download/784
- https://web.archive.org/web/20250325230257/https://digitalpolicyalert.org/event/4151-implemented-digital-security-act
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BANGLADESH
Reported in 2020, last reported in 2024
Pillar Content access |
Indicator Blocking or filtering of commercial web content
Blocking of commercial web content
Reports indicate that authorities have blocked certain websites, news outlets, social media platforms, and communication services, particularly during periods of political tension. Notably, several news media websites, including Manab Zamin, Samakal, Jamuna Television, and Voice of America (VOA) Bangla, were rendered inaccessible in the lead-up to and during the general elections in Bangladesh in January 2024. In addition, in July 2024, authorities restricted access to major social media and communication applications, such as Facebook, YouTube, WhatsApp, and Signal. Similar restrictions were reimposed in August 2024. Additionally, reports suggest that the Sweden-based website Netra News has remained inaccessible since 2020.
Coverage Websites, news outlets, social media and communication platforms
Sources
- https://web.archive.org/web/20250214202409/https://freedomhouse.org/country/bangladesh/freedom-net/2024
- https://web.archive.org/web/20250214202442/https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/bangladesh/
- https://web.archive.org/web/20250214202512/https://www.state.gov/reports/2021-country-reports-on-human-rights-practices/bangladesh
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BANGLADESH
Reported in 2025
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "7.2.4 - 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 2 in Bangladesh for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Reports indicate that in July 2024, the government implemented a nationwide shutdown of mobile and broadband internet services. Broadband internet access was reinstated after five days, while mobile internet services remained suspended for 11 days. In August 2024, authorities once again imposed restrictions on internet access, though these were lifted after 24 hours. There have been multiple documented instances of internet shutdowns in previous years, starting from 2019. For example, on 28 October 2023, the Bangladesh Telecommunication Regulatory Commission (BTRC) instructed telecommunications operators to suspend internet services for nine hours in the capital, Nayapaltan.
Reports indicate that in July 2024, the government implemented a nationwide shutdown of mobile and broadband internet services. Broadband internet access was reinstated after five days, while mobile internet services remained suspended for 11 days. In August 2024, authorities once again imposed restrictions on internet access, though these were lifted after 24 hours. There have been multiple documented instances of internet shutdowns in previous years, starting from 2019. For example, on 28 October 2023, the Bangladesh Telecommunication Regulatory Commission (BTRC) instructed telecommunications operators to suspend internet services for nine hours in the capital, Nayapaltan.
Coverage Horizontal
Sources
- https://www.v-dem.net/vdemds.html
- https://web.archive.org/web/20250214202409/https://freedomhouse.org/country/bangladesh/freedom-net/2024
- https://web.archive.org/web/20250326174902/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
- https://www.accessnow.org/keepiton-data-dashboard/
- https://pulse.internetsociety.org/shutdowns
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