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BRUNEI

Since February 2006

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards
According to the Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards, all mobile prepaid SIM card owners/holders are mandated to register or re-register with their respective mobile service provider. Verification requirements include identity cards for Brunei citizens, identity cards, passports and employment passes for foreign workers, and passports for tourists.
Coverage Telecommunications sector

BRUNEI

Since March 1997, last amended in October 2000
Since February 2001

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))

Broadcasting (Class Licence) Notification, 2000 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
The Code of Practice requires all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 to use their best efforts to ensure that nothing is made available on the Internet which is against the public interest or national harmony, for e.g., content which incites disaffection against the Sultan or the Government, or which offends good taste or decency. When a material is contrary to the Code of Practice, the Broadcasting Authority can require ISPs and ICPs to remove it or prohibit its broadcasting. In addition, it is reported that the government restricts access to the internet, censors online content, and has the capability to monitor private online communications. The government monitors private email and internet chat-room exchanges believed to be propagating religious extremism or otherwise subversive views, including those of religious minorities or material on topics deemed immoral.
Coverage Internet Service Providers (ISPs) and Internet Content Providers (ICPs)

BRUNEI

Reported in 2013, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of online content
It is reported that the government of Brunei periodically blocks online content. Various laws are employed to restrict online content, including the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952, and the Sedition Act 1983. Additionally, the Broadcasting Authority can mandate the removal or prohibition of content that violates the Code of Practice.
Coverage Horizontal

BRUNEI

Since March 2006

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.
Coverage Telecommunications sector

BRUNEI

Reported in 2019, last 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
It is reported that the telecommunications industry is dominated by government-linked companies. Among these are Datastream Digital, Imagine, and Progresif. In 2019, the government consolidated the infrastructure of all three companies under a state-owned wholesale network operator called Unified National Networks (UNN). The UNN is a wholly government-owned enterprise.
Coverage Telecommunications sector

BRUNEI

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
It is reported that Brunei does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector

BRUNEI

Since April 1994

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Brunei has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

BRUNEI

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Brunei has a telecommunications authority: The Authority for Info-communications Technology Industry (AiTi). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

BRUNEI

Since September 2014, last amended in August 2015

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Data Protection Policy, 2014 (Polisi Perlindungan Data Negara Brunei Darussalam)
The Data Protection Policy (DPP) applies only to public agencies, including government Ministries and Departments, educational institutions and statutory bodies. The Law (Section 18) provides that the agencies are only permitted to transfer personal data to a party outside of Brunei if:
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient inconsistent to the DPP.
This policy applies to all data, including personal data already in existence, whether or not by electronic means (Section 4.4).
Coverage Public sector

BRUNEI

Since March 2018

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Brunei has joined an agreement with binding commitments to open data transfers across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11).
Coverage Horizontal

BRUNEI

Since May 2017

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

BRUNEI

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Brunei does not have a comprehensive framework in place that provides effective protection of trade secrets, but trade secrets may be protected under contracts and by an action in breach of confidence as the country follows the common law model.
Coverage Horizontal

BRUNEI

Since January 2001
Since April 2020

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Telecommunications Order 2001 (Perintah Telekomunikasi, 2001 (S 13/2002))

Code of Practice for Competition in the Telecommunications Sector (Competition Code)
In the exercise of the powers conferred by Section 26.1 of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which establishes infrastructure sharing obligations (Section 7).
Coverage Telecommunications sector

BRUNEI

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Brunei is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.
Coverage Horizontal

BRUNEI

Since March 2006

Pillar Foreign Direct Investment in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.
Coverage Telecommunications sector

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