UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator 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 |
Indicator Licensing 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://web.archive.org/web/20231222235641/https://freedomhouse.org/country/uzbekistan/freedom-net/2023
- https://web.archive.org/web/20240415091929/https://lex.uz/ru/docs/-5870213
- https://web.archive.org/web/20221217020022/https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://digital.gov.uz/en/pages/licensing/
- https://web.archive.org/web/20231210164325/https://www.trade.gov/country-commercial-guides/uzbekistan-licensing-requirements-professional-services
- https://web.archive.org/web/20231226212607/https://opennet.net/research/profiles/uzbekistan
- Show more...
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator 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, the country is not a member of the WTO.
Coverage Telecommunications sector
UZBEKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
The country's telecommunications authority is the Ministry for Development of Information Technologies and Communications of the Republic of Uzbekistan (MiTC). As a result, the authority lacks independence in its decision-making, and reports suggest that its operations are conducted with limited transparency.
Coverage Telecommunications sector
UZBEKISTAN
Since July 2019, entry into force in October 2019, as amended in January 2021
Pillar Cross-border data policies |
Indicator 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, systematised, 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://web.archive.org/web/20231211063227/https://lex.uz/docs/4396428
- https://web.archive.org/web/20241204155237/https://www.dataguidance.com/notes/uzbekistan-data-transfers
- https://web.archive.org/web/20231205153909/https://www.dlapiperdataprotection.com/index.html?t=collection-and-processing&c=UZ
- https://web.archive.org/web/20240107144637/https://www.loc.gov/item/global-legal-monitor/2021-05-07/uzbekistan-new-requirements-for-uzbek-citizens-personal-data-localization-enter-into-force/
- https://web.archive.org/web/20240413035351/https://uzbekistanlawblog.com/data-protection-in-uzbekistan-challenges-and-opportunities/
- Show more...
UZBEKISTAN
Since July 2019, entry into force in October 2019, last amended in 2023
Pillar Cross-border data policies |
Indicator 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
Sources
UZBEKISTAN
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
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 Domestic data policies |
Indicator 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://web.archive.org/web/20231205152858/https://lex.uz/docs/4831939
- https://web.archive.org/web/20231202205314/https://www.dataguidance.com/jurisdiction/uzbekistan
- https://web.archive.org/web/20240414185203/https://www.loc.gov/item/global-legal-monitor/2021-05-07/uzbekistan-new-requirements-for-uzbek-citizens-personal-data-localization-enter-into-force/
- https://web.archive.org/web/20230326194009/https://www.dlapiperdataprotection.com/index.html?t=law&c=UZ
- https://web.archive.org/web/20221206115028/https://azizovpartners.uz/en/memos/requirements-for-protection-of-personal-data-in-uzbekistan/
- Show more...
UZBEKISTAN
Since April 2022
Pillar Domestic data policies |
Indicator 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, defence, 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
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Uzbekistan has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty in July 2019.
Coverage Horizontal
UZBEKISTAN
Since September 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator 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 the effective protection of trade secrets.
Coverage Horizontal
UZBEKISTAN
Since January 2021, last amended in November 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Resolution of the Cabinet of Ministers No. 41 on Measures to Support Local Producers (Vazirlar Mahkamasining qarori 41-son Mahalliy ishlab chiqaruvchilarni qo‘llab-quvvatlash chora-tadbirlari to‘g‘risida)
Annex 3 of Resolution of the Cabinet of Ministers No. 41 establishes the procedure for granting preferences to goods and services of local production in public procurement. Clauses 4-6 provide that price preference for local producers is applied if two or more local producers, along with foreign suppliers, participate in a tender. The price preference shall be provided in the amount of 15% for each lot and shall apply to economic entities engaged in industrial production and provision of services in Uzbekistan.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241204160519/https://lex.uz/docs/-5248243
- https://web.archive.org/web/20210421163147/http://tashkenttimes.uz/economy/6339-cabinet-issues-resolution-giving-priority-to-local-products-in-public-procurement
- https://web.archive.org/web/20241122184501/https://kostalegal.com/newsletters/general-legal-newsletter-for-january-2021
- Show more...
UZBEKISTAN
Reported in 2018, last reported in 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Lack of transparency in public procurement
Foreign investors have reported that there is a lack of transparency in bureaucratic procedures for public procurement.
Coverage Horizontal
UZBEKISTAN
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Uzbekistan is not a party to the World Trade Organization (WTO) Government Procurement Agreement (GPA). In fact, the country is not a member of the WTO.
Coverage Horizontal
UZBEKISTAN
Reported in 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Prohibition of ownership and operation of an international gateway
Foreign operators are reportedly not permitted to own or operate an international gateway. Therefore, ownership and operation of international gateways are monopolised by Uzbektelecom, a state-controlled entity.
Coverage Telecommunications sector
