Database

Browse Database

KUWAIT

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Kuwait has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

KUWAIT

Since 2014

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
UNCITRAL Model Law on Electronic Commerce
Kuwait has adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

KUWAIT

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Kuwait has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

KUWAIT

Since June 2015, entry into force in July 2015

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 63 of 2015 regarding Anti-Information Technology Crime
Art. 4.4 of Law No. 63 of 2015 on Anti-Information Technology Crime prescribes imprisonment and a fine for anyone who establishes a website, publishes, produces, prepares, creates, sends, or stores information or data intended to be used, distributed, or displayed via the Internet or an information technology device in a manner that harms public morality, or who manages a location for such purposes.
Coverage Horizontal

KUWAIT

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Kuwait imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector

KUWAIT

Since February 2016

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Law No. 8 of 2016 regarding the regulation of electronic media
In accordance with Art. 17 of Law No. 8, the manager in control of a website or electronic media outlet is responsible for any prohibited or violating content on the respective website or electronic media outlet/platform under the law. Therefore, the manager is responsible for observing accuracy and credibility in all publications of news, information or data. Electronic media is defined in Art. 1 as “activity which includes the publication or transmission of materials, activities or media services of electronic content that are produced, developed, updated, circulated, transmitted, published or penetrating it through the international information net (the internet) or any other communications net.”
Coverage Electronic media

KUWAIT

Since June 2015, entry into force in July 2015

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Law No. 63 of 2015 regarding Anti-Information Technology Crime
Under Law No. 63 of 2015 regarding Anti-Information Technology Crime, the Commission for Information and Technology Regulatory Authority (CITRA) is authorised to oversee and block web content. CITRA describes this activity thusly: “The Communication and Information Technology Regulatory Authority (CITRA) receives requests to block web content that contradicts public interest. This includes public morals, the teachings of the Islamic faith, public order, and other prohibited content under the laws of the state of Kuwait.” News reporting suggests that the Kuwaiti authorities have disabled access to a variety of web content, including sites that link or provide access to copyright-infringing material.
Additionally, it has been reported that during the period from 2022 to 2023, the Ministry of Communications implemented measures to block websites deemed to "incite terrorism and instability" and mandated internet service providers to restrict access to sites that "violate the country's customs and traditions."
Coverage Horizontal

KUWAIT

Since February 1977

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Decree Regulating Advertisement in Public Places
Under the Decree Regulating Advertisement in Public Places issued in February 1977, written advertisements and signs for public shops, in their various types, must be in Arabic. A translation in a foreign language can be added to the advertisement, provided that the largest part of the advertisement is allocated for writing in Arabic. The regulation applies to digital advertising as it defines advertising as "every means used to announce to the public or a group of people information about a certain commodity, commercial or industrial product or apparatus, machinery, commercial or industrial business, trade or profession, or any public or private service."
In addition, entities must obtain a permit to provide advertisement from the Municipality; for this, it is required to submit the documents confirming the approval of the other competent authorities and pay for insurance to be assessed by the Municipality. The permit indicates its validity period and the beneficiary's name, and it is not transferable.
Coverage Advertising sector

KUWAIT

Since February 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 8 of 2016 regarding the regulation of electronic media
Law No. 8 of 2016 regulates all web-based publications, including electronic news services, bulletins, newspapers and television websites, and the like, as well as social media. Under the legislation, all these services must obtain a license from the government before they can operate. Those in existence had one year to comply with the law. According to Art. 1 of the law, electronic media is defined as any activity which includes the publication or transmission of materials, activities or media services of electronic content that are produced, developed, updated, circulated, transmitted, published or penetrating through the international information net (the internet) or any other communications net.
Coverage Web-based publications including electronic news services, bulletins, websites of newspapers and televisions and the likes as well as social media

KUWAIT

Since November 1964

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import Law No. 43 of 1964
Art. 1 of Law No. 43, which requires a licence for the importation of all goods, states that the right to import goods, materials and equipment is limited to Kuwaiti citizens; Kuwaiti partnerships if all partners are Kuwaiti citizens; joint stock and limited liability companies if Kuwaitis hold 51% or more of the total capital.
Coverage Horizontal

KUWAIT

Since November 2007

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Gulf Technical Regulation for Low Voltage Electrical Equipment and Appliances – BD-142004-01
(اللائحة الفنية الخليجية للأجهزة والمعدات الكهربائية منخفضة الجهد (-142004-01BD))
According to the GSO Technical Regulation for Low Voltage Electrical Equipment and Appliances – BD-142004-01, which includes an amendment and an update of the first edition, number (BD07070503) was implemented in 2007. Electrical appliances designed to be used in a certain rated voltage range must be sold bearing the G mark after being certified by the GCC Notified Body.
Products that fall under List 1 under the Regulation are low-risk; thus, a self-declaration form prepared by the manufacturer can be made by affixing the “G” before placing the product on the market. Products that fall under List 2 are higher-risk electrical products, which will undergo mandatory Type testing and review of the product's Technical File to verify conformity before authorisation is granted to affix the “G” mark before placing the product onto the market.
However, for List 2 products, manufacturers must choose a single Notified Body (NB) entity to examine the technical design of a product and verify that the technical design of the product meets the requirements of the applicable Gulf Technical Regulations and for the issuance of an evaluation report with a Gulf Type Examination certificate and shall be issued a certificate from the NB.
Coverage Electrical goods

KUWAIT

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Kuwait's law and jurisprudence.
Coverage Horizontal

KUWAIT

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for any activity other than copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Kuwait's law and jurisprudence.
Coverage Horizontal

KUWAIT

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Kuwait lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal

KUWAIT

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that in Kuwait's telecommunications market, passive infrastructure sharing is practised in fixed networks based on both mandatory regulations and commercial agreements. On the other hand, passive infrastructure sharing in mobile networks is practised but only on the basis of commercial agreements.
Coverage Telecommunications sector

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