PAKISTAN
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Pakistan 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. In addition, SIM cards cannot be activated without biometric identification
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20171112100306/https://www.pta.gov.pk/en/biometric-verification
- https://web.archive.org/web/20231229062524/https://www.biometricupdate.com/202301/nadra-details-pakistans-stronger-fingerprint-biometric-system-for-sim-registration
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PAKISTAN
Since 1947
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
The incumbent operator, Pakistan Telecommunication Company Ltd (PTCL), is a state-owned enterprise with a majority of shares.
Coverage Telecommunications sector
PAKISTAN
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
Pakistan mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
PAKISTAN
Since November 2000
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Pakistan Telecommunication Rules, 2000
According to the Pakistan Telecommunication Rules, no person shall establish, maintain or operate any telecommunications system or provide any telecommunications service unless a licence for the same has been granted to it by the Pakistan Telecommunication Authority (PTA). Pursuant to Art. 3.1, the license to provide basic telephone service cannot be granted. Still, applications may be made for the establishment, maintenance, and operation of any telecommunication system or the provision of any telecommunication service other than basic telephone service. According to Art. 4.3, in determining whether or not to grant a license, the Authority shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant history;
- the technical competence and experience of the applicant's management and key members of staff and local participation in the business;
- the nature of the services proposed and the viability of the applicant's business plan, including the applicant's proposed roll-out and service quality commitments and its contribution to the development of the telecommunications sector;
- the quality of the applicant's telecommunications system or network; and
- the terms of the bid made by the applicant where the license is to be issued under a competitive process.
If the PTA considers that there are any factors in relation to that application that threaten or potentially threaten national security, it may reject an application.
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant history;
- the technical competence and experience of the applicant's management and key members of staff and local participation in the business;
- the nature of the services proposed and the viability of the applicant's business plan, including the applicant's proposed roll-out and service quality commitments and its contribution to the development of the telecommunications sector;
- the quality of the applicant's telecommunications system or network; and
- the terms of the bid made by the applicant where the license is to be issued under a competitive process.
If the PTA considers that there are any factors in relation to that application that threaten or potentially threaten national security, it may reject an application.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20150320094055/http://nasirlawsite.com/laws/ptclrule.htm
- https://web.archive.org/web/20240811045000/https://www.lexology.com/library/detail.aspx?g=748f9a4a-01e6-45c3-ba76-1cd4417f8262
- https://web.archive.org/web/20230514153302/https://moitt.gov.pk/SiteImage/Misc/files/Pakistan%20telecom%20rules.pdf
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PAKISTAN
Since July 2007
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Class Value Added Services Licensing and Registration Regulation 2007 (the CVAS Regulations)
Pursuant to Art. 5 of the Class of 2007 Value Added Services Licensing and Registration Regulations, application for the grant of a Registered Services license for the provision of value-added services shall be made in the manner set forth in Schedule "A" of the Regulations. According to Art. 2, value-added services are all telecommunication services, excluding the core telecommunications services of access providers, as determined by the Authority from time to time.
Pursuant to Art. 6, the authority may grant a license or Registration Certificate to any applicant who fulfils the open, transparent, and non-discriminatory eligibility criteria given by the Authority from time to time. The Authority for providing a license shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant past history;
- technical competence and experience of applicant's management and key members of staff and local participation in the business; and
- the nature of the services proposed and the viability of the applicant's business plan, including its contribution to the development of the telecommunications sector.
However, the Authority may reject an application if it appears that the grant of the License or Registration Certificate shall threaten or potentially threaten national security.
Pursuant to Art. 6, the authority may grant a license or Registration Certificate to any applicant who fulfils the open, transparent, and non-discriminatory eligibility criteria given by the Authority from time to time. The Authority for providing a license shall take into account the following factors:
- the financial and economic viability of the applicant;
- the applicant's experience in telecommunications and relevant past history;
- technical competence and experience of applicant's management and key members of staff and local participation in the business; and
- the nature of the services proposed and the viability of the applicant's business plan, including its contribution to the development of the telecommunications sector.
However, the Authority may reject an application if it appears that the grant of the License or Registration Certificate shall threaten or potentially threaten national security.
Coverage Telecommunications sector
PAKISTAN
Since April 1994
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Pakistan has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20230921113705/https://www.wto.org/english/tratop_e/serv_e/telecom_e/sc67.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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PAKISTAN
Since October 1996
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Pakistan Telecommunication (Re-organization) Act, 1996
(پاکستان ٹیلی کمیونیکیشن (ری آرگنائزیشن) ایکٹ 1996)
(پاکستان ٹیلی کمیونیکیشن (ری آرگنائزیشن) ایکٹ 1996)
According to the Pakistan Telecommunication (Re-organization) Act, the Pakistan Telecommunication Authority (PTA), 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
PAKISTAN
Reported in 2017, last reported in 2022
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Restriction on cross-border data transfers
It is reported that Pakistan prohibits data transfers to any country that it does not recognise, including Israel, Taiwan, Somaliland, Nagorno, Karabakh, Transnistria, Abkhazia, Northern Cyprus, Sahrawi Arab Democratic Republic, South Ossetia and Armenia. This list may change from time to time. Additionally, data transfers to India must be justifiable by the transferor.
Coverage Horizontal
PAKISTAN
Since 2007
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Guidelines on Outsourcing Arrangements
Under Sections 16 and 26 of the Guidelines on Outsourcing Arrangements, for outsourcing any services from an entity outside the country, it is mandatory for the banks in Pakistan to obtain the State Bank of Pakistan's prior approval. The request for such approval includes disclosures relating to data that may be transferred offshore.
Coverage Financial sector
PAKISTAN
Since August 2016
Pillar Cross-border data policies |
Indicator Conditional flow regime
Prevention of Electronic Crimes Act, 2016 (الیکٹرانک کرائم ایکٹ، 2016)
Art. 4 of the Prevention of Electronic Crimes Act prohibits the transfer of data without the authorisation of the data owner.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220126231606/https://pakistancode.gov.pk/english/UY2FqaJw2-apaUY2Fqa-apaUY2Jvbp8=-sg-jjjjjjjjjjjjj-con-15813
- https://web.archive.org/web/20221013104627/https://www.dataguidance.com/notes/pakistan-data-protection-overview
- https://web.archive.org/web/20230809143123/https://na.gov.pk/uploads/documents/1470910659_707.pdf
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PAKISTAN
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
Pakistan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
PAKISTAN
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Pakistan does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Prevention of Electronic Crimes Act 2016 contains some provisions on data protection. It prevents unauthorised acts with respect to information systems and provides for related offences as well as mechanisms for their investigation, prosecution and trial. Under the Act, unauthorised access, copying, or interference with information systems or data is a punishable offence and shall be punished with imprisonment or a fine. In addition, there is some sectoral regulation on data in the banking and telecom sectors.
Coverage Horizontal
PAKISTAN
Reported in 2016, 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 Pakistan. It is reported that piracy remains widespread, including with respect to digital content and software. Furthermore, numerous cable operators provide pirated content and litigants with experience in these tribunals raise concerns over the lack of capacity, inconsistency of rulings, nominal fines, and a general lack of expertise among tribunal judges.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231029064354/https://ustr.gov/sites/default/files/2023-04/2023%20Special%20301%20Report.pdf
- https://web.archive.org/web/20231206061658/https://ustr.gov/sites/default/files/files/reports/2021/2021%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20190127203314/https://reports.weforum.org/global-information-technology-report-2016/economies/#indexId=NRI&economy=PAK
- https://web.archive.org/web/20220623212047/https://tribune.com.pk/story/2025454/2-ipr-violation-costs-foreign-firms-rs757b-annually
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PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Pakistan has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
PAKISTAN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Pakistan has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
