A basic legal framework on intermediary liability beyond copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.

Pursuant to Sections 2.1 and 2.3 of the Code of Practice for the Registration of Mobile Prepaid Subscriber Identity Module (SIM) Cards (Mobile Prepaid SIM Cards Registration Code), mobile service providers must maintain accurate records of all prepaid SIM card users for identification purposes. At a minimum, these records must include the subscriber’s full name, identity card number, and address.
Section 2.3 further specifies the documentation required for registration by user category: (i) Brunei citizens and permanent residents must present a valid yellow identity card; (ii) foreign workers must present a valid green identity card, or a valid passport together with an employment pass; and (iii) visitors or tourists must present a valid original passport from their country of origin.

Pursuant to Section 2 of the Internet Code of Practice Notification, all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 are required to use their best efforts to ensure that no content made available on the Internet is contrary to the public interest or national harmony. This includes, inter alia, content that incites disaffection against the Sultan or the Government, or that is offensive to good taste or decency.

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.

Pursuant to Section 3(b) of the Broadcasting (Class Licence) Notification 2001, issued under Section 12 of the Broadcasting Act (Cap. 180), computer online services provided by Internet Content Providers (ICPs) and Internet Service Providers (ISPs) are classified as licensable broadcasting services subject to a class licence regime.
An “Internet Content Provider” is defined to include: (i) any individual in Brunei Darussalam who provides programmes on the World Wide Web for business, political, or religious purposes; and (ii) any corporation or group of individuals, whether incorporated or otherwise, that provides programmes on the World Wide Web, including web publishers and web server administrators.
Under this framework, ISPs are required to register with the Minister and to pay annual licence fees. By contrast, ICP registration is only required for specified categories, including political parties and entities engaged in political or religious matters relating to Brunei, as well as in cases where the Minister mandates registration by written notice, such as for ICPs operating online newspapers.

Pursuant to Section 34 of the Telecommunications Order 2001, no person may offer for sale, sell, or possess for sale telecommunications equipment, or possess radiocommunications equipment, except in accordance with a licence granted under Section 5.
This requirement is operationalised by the Authority for Info-communications Technology Industry (AITI) through the Advisory Guidelines on Dealer Telecommunications Licence. Under Section 2.1.1 of the Guidelines, a Dealer Telecommunications Licence (DTL) authorises the licensee to import, lease, sell, offer for sale, or possess such equipment, while Section 2.2.1 restricts eligibility to businesses and companies established in Brunei Darussalam.
In addition, the commercial importation of telecommunications or radiocommunications equipment for resale is subject to further requirements, including Dealer Type Approval and a Dealer Import Permit. AITI issues the Dealer Import Permit only to holders of a valid Dealer Telecommunications Licence who have obtained the corresponding type approval for the equipment.

According to Art. 23 of the Broadcasting Act (Cap. 180), no person may import, offer for sale, sell, or possess for the purpose of sale any broadcasting equipment except under, and in accordance with, a valid licence.

The Authority for Info-communications Technology Industry of Brunei (AITI) requires type approval of telecommunication, radiocommunication and satellite equipment to be sold and used in Brunei. Overseas manufacturers are not allowed to possess a type-approval certificate. They can do so only through a local dealer/representative. Applicants seeking Dealer Type Approval must hold a valid Dealer Licence issued by AITI. All Type Approval certificates are renewable every five years. Still, it is necessary to inform AITI of any changes to the product, regardless of how minor they may be, and whether they might not affect the previous declaration/certificate (Section 9).

Pursuant to Art. 7(c) of the Personal Data Protection Order, 2025, organisations must designate one or more individuals to take responsibility for ensuring compliance with the Order. Although the Order was published in January 2025, it provides for phased commencement through Gazette notifications. Accordingly, Part 3, including Art. 7, entered into force on 1 January 2026, rather than on the publication date.

Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

According to Art. 22 of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam (AITI) may direct any telecommunications licensee to coordinate and cooperate with another person, in such manner and on such terms as the Authority may determine, in relation to the use or sharing of any telecommunications installation, plant, system, or part thereof.
In addition, acting under the powers conferred by Section 26(1) of the Telecommunications Order 2001, AITI has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which further establishes infrastructure-sharing obligations, including those set out in Section 7.

Pursuant to Section 3.4 of the Licensing and Regulatory Framework, foreign persons are prohibited from holding a majority shareholding or exercising control, whether directly or indirectly, in a company applying for a licence to provide telecommunications services. This restriction applies to both Infrastructure Provider for the Telecommunications Industry (INTI) licences and Service Provider for the Telecommunications Industry (SETI) licences.

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.