SINGAPORE
Since June 2022
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Guidelines for Submission of Application for Services-based Operations Licence
The "Guidelines for Submission of Application for Services-Based Operations Licence" outline the procedures for obtaining the Services-Based Operations (SBO) Licence, which authorises an operator to provide services-based telecommunications services in Singapore. Generally, operators that lease international transmission capacity to deliver their services are required to obtain an SBO (Individual) Licence. According to Section 2.4 of the Guidelines, applicants seeking an SBO (Individual) Licence for prepaid services must ensure that their company possesses a minimum paid-up capital of SGD 100,000 (approx. USD 74,000).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250129223931/https://www.imda.gov.sg/-/media/imda/files/regulations-and-licensing/licensing/telecommunication/services-based-operations/sboguidelines.pdf
- https://web.archive.org/web/20250129223959/https://www.mondaq.com/media-telecoms-it-entertainment/1330912/tmt-comparative-guide
- https://web.archive.org/web/20250129224039/https://www.imda.gov.sg/regulations-and-licensing-listing/services-based-operations--sbo--licence
- https://web.archive.org/web/20250129224241/https://datahub.itu.int/data/?i=100051&s=19296&e=SGP
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SINGAPORE
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Singapore has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220119045544/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc76.pdf
- https://web.archive.org/web/20220307092617/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20220119043046/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
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SINGAPORE
Since October 2016
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Info-communications Media Development Authority Act 2016
According to the Info-communications Media Development Authority Act, the Info‑communications Media Development Authority, 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
SINGAPORE
Since October 2012, entry into force in July 2014
Since January 2021, entry into force in February 2021
Since January 2021, entry into force in February 2021
Pillar Cross-border data policies |
Indicator Conditional flow regime
Personal Data Protection Act 2012
Personal Data Protection Regulations 2021
Personal Data Protection Regulations 2021
According to Section 26.1 of the Personal Data Protection Act, organisations are prohibited from transferring personal data to a country or territory outside Singapore unless they comply with the requirements prescribed by the Act. Organisations must implement appropriate measures to verify and ensure that the recipient of the personal data, located in a foreign country or territory, is bound by legally enforceable obligations that provide a standard of protection comparable to that of the Personal Data Protection Act. Section 26.2 of the Act allows organisations to apply to the Personal Data Protection Commission for an exemption from any of the restrictions outlined in Section 26.1.
Furthermore, Part 3 of the Personal Data Protection Regulations specifies that if a recipient of personal data holds a specified certification granted or recognised under the law of the country or territory to which the personal data is transferred, they are considered to be bound by legally enforceable obligations to ensure a standard of protection for the transferred personal data that is at least equivalent to the protection provided by the Personal Data Protection Act. The specified certifications include those recognised under the Asia Pacific Economic Cooperation (APEC) Privacy Recognition for Processors System, applicable when the recipient is a data intermediary, or the APEC Cross-Border Privacy Rules in other cases. Additionally, data transfers are permitted under the following conditions:
- The individual has given consent to the transfer of their data, having been provided a reasonable summary, in writing, of the extent to which their data will be protected by standards comparable to the Personal Data Protection Act;
- The transfer is necessary for the performance of a contract between the organisation and the individual or for the purpose of entering into such a contract;
- The transfer is necessary for the conclusion or performance of a contract between the organisation and a third party, which is entered into at the individual's request;
- The transfer is necessary for use or disclosure in certain situations where the consent of the individual is not required under the Personal Data Protection Act, such as use or disclosure necessary to respond to an emergency;
- The data are in transit;
- The data are publicly available in Singapore.
Furthermore, Part 3 of the Personal Data Protection Regulations specifies that if a recipient of personal data holds a specified certification granted or recognised under the law of the country or territory to which the personal data is transferred, they are considered to be bound by legally enforceable obligations to ensure a standard of protection for the transferred personal data that is at least equivalent to the protection provided by the Personal Data Protection Act. The specified certifications include those recognised under the Asia Pacific Economic Cooperation (APEC) Privacy Recognition for Processors System, applicable when the recipient is a data intermediary, or the APEC Cross-Border Privacy Rules in other cases. Additionally, data transfers are permitted under the following conditions:
- The individual has given consent to the transfer of their data, having been provided a reasonable summary, in writing, of the extent to which their data will be protected by standards comparable to the Personal Data Protection Act;
- The transfer is necessary for the performance of a contract between the organisation and the individual or for the purpose of entering into such a contract;
- The transfer is necessary for the conclusion or performance of a contract between the organisation and a third party, which is entered into at the individual's request;
- The transfer is necessary for use or disclosure in certain situations where the consent of the individual is not required under the Personal Data Protection Act, such as use or disclosure necessary to respond to an emergency;
- The data are in transit;
- The data are publicly available in Singapore.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230726181322/https://sso.agc.gov.sg/Act/PDPA2012?ProvIds=P16-#pr26-
- https://web.archive.org/web/20241120052035/https://sso.agc.gov.sg/SL/PDPA2012-S63-2021?DocDate=20210129&ProvIds=P13-#P13-
- https://web.archive.org/web/20231208032908/https://www.dataguidance.com/comparisons/data-transfers
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SINGAPORE
Since March 2018
Since December 2017
Since May 2018
Since June 2022
Since December 2017
Since May 2018
Since June 2022
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Singapore-Australia Free Trade Agreement
Free Trade Agreement between the Democratic Socialist Republic of Sri Lanka and the Republic of Singapore
Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore
Singapore-Australia Free Trade Agreement
Free Trade Agreement between the Democratic Socialist Republic of Sri Lanka and the Republic of Singapore
Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore
Singapore has joined several agreements with binding commitments to open transfers of data across borders. These include: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11), Singapore-Australia Free Trade Agreement (SAFTA, Ch. 14 Art. 13), Free Trade Agreement between the Democratic Socialist Republic of Sri Lanka and the Republic of Singapore (Art. 9.9) and the Digital Economy Agreement between the United Kingdom of Great Britain and Northern Ireland and the Republic of Singapore [Art. 8.61-f(2)].
Coverage Horizontal
SINGAPORE
Since October 2012, entry into force in July 2014
Pillar Domestic data policies |
Indicator Framework for data protection
Personal Data Protection Act 2012
The Personal Data Protection Act 2012 (PDPA) provides a baseline standard of protection for personal data in Singapore. It complements sector-specific legislative and regulatory frameworks such as the Banking Act and Insurance Act. It comprises various requirements governing the collection, use, disclosure and care of personal data in Singapore. The Act came into force in different phases, and the provisions concerning data protection were enforced in July 2014.
Coverage Horizontal
SINGAPORE
Since October 2012, entry into force in July 2014
Pillar Domestic data policies |
Indicator Minimum period for data retention
Personal Data Protection Act 2012
Telecom licences granted to operators usually contain data retention requirements, which are, on average, 12 months. The Infocomm Media Development Authority, IMDA, reserves the right to require its licensees to retain records as they may deem necessary.
Coverage Telecommunication sector
SINGAPORE
Reported in 2018, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Copyright is not adequately enforced online in Singapore. It is reported that companies present concerns regarding enforcement efforts against the use of unauthorised streaming services and third-party illicit streaming devices to access pirated content.
Coverage Horizontal
SINGAPORE
Since January 2005, entry into force in April 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Singapore has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
SINGAPORE
Since January 2005, entry into force in April 2005
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Singapore has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
SINGAPORE
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
The Common Law doctrine of breach of confidence
In Singapore, there is no specific legislation dedicated to the protection of trade secrets. Instead, trade secrets are typically safeguarded through the common law doctrine of breach of confidence, alongside intellectual property and contract law, where applicable. For information to qualify as a trade secret or confidential information, it must not be publicly accessible and must be clearly and specifically identified, as demonstrated in Nanofilm Technologies International Pte Ltd v Semivac International Pte Ltd and others [2018] SGHC 167.
Additionally, the Intellectual Property Office of Singapore outlines three key considerations for determining whether a breach of confidence has occurred: (1) whether the information has the quality of confidentiality; (2) whether it was communicated under circumstances that impose an obligation of confidentiality—this obligation can exist even if the information was accessed or acquired without the company’s consent; and (3) whether the person who obtained the information can prove that they were unaware of its confidential nature or acquired it unintentionally.
Additionally, the Intellectual Property Office of Singapore outlines three key considerations for determining whether a breach of confidence has occurred: (1) whether the information has the quality of confidentiality; (2) whether it was communicated under circumstances that impose an obligation of confidentiality—this obligation can exist even if the information was accessed or acquired without the company’s consent; and (3) whether the person who obtained the information can prove that they were unaware of its confidential nature or acquired it unintentionally.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230205212300/https://www.twobirds.com/en/insights/2020/singapore/recent-developments-in-relation-to-the-protection-of-trade-secrets-in-singapore
- https://cms.law/en/int/expert-guides/cms-expert-guide-to-trade-secrets/singapore
- https://web.archive.org/web/20231205015419/https://www.ipos.gov.sg/about-ip/trade-secrets
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SINGAPORE
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Singapore to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
SINGAPORE
Since October 1993
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
Singapore Telecommunications (SingTel), the incumbent telecommunication operator, is currently 52% government-owned.
Coverage Telecommunications sector
SINGAPORE
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Singapore does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, accounting separation is required in some instances (dominant licensees and their related companies).
Coverage Telecommunications sector
SINGAPORE
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
0%
Coverage rate of zero-tariffs on ICT goods (%)
100%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
