CAMBODIA
Since March 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Circular on E-KYC Guidance and Transaction Limit for Payment Service in Cambodia (សារាចរណែនាំ ស្តីពី នីតិវិធីស្គាល់អត្តសញ្ញាណអតិថិជន និងការកំណត់ទំ ប្រាក់ប្រតិបត្តិការ សម្រាប់សេវាទូទាត់សងប្រាក់នៅកម្ពុជា)
In March 2021, the National Bank of Cambodia (NBC) enforced the Circular on E-KYC Guidance and Transaction Limit for Payment Service in Cambodia, clarifying procedures and information required for payment service institutions to identify customers and to set limits on the daily transaction amounts allowed for each type of customer. The Circular established the Bakong Payment System by the NBC, which is a centralised platform that allows customers to make bank transfers across banks and payment institutions. Based on the Circular, the size of daily transactions permitted depends on the platform, the personal information provided by the customer, and the stage of the payment service institution’s review of the customer’s information. In accordance with the different customer risk levels, customer identification procedures are determined by the four following transaction types: (i) Transactions between Bakong Accounts; (ii) Transactions between Bakong Accounts and Bank Accounts/E-Wallet Accounts; (iii) Transactions between E-Wallet Accounts and E-Wallet Accounts/Bank Accounts and; (iv) Transactions between Bank Accounts and Bank Accounts via Bakong (Backbone).
For transactions falling under items 1 – 3 above, customers are classified into three categories:
- Basic Customers: The transaction limit is KHR 2 million (approx. USD 500) per day;
- Partial KYC: The transaction limit is KHR 12 million (approx. USD 3,000) per day;
- Full KYC: The transaction limit is KHR 40 million (approx. USD 10,000) per day.
- For transactions under item 4, customers are considered full KYC customers, and the transaction limit is KHR 200 million (approx. USD 50,000) per day.
For transactions falling under items 1 – 3 above, customers are classified into three categories:
- Basic Customers: The transaction limit is KHR 2 million (approx. USD 500) per day;
- Partial KYC: The transaction limit is KHR 12 million (approx. USD 3,000) per day;
- Full KYC: The transaction limit is KHR 40 million (approx. USD 10,000) per day.
- For transactions under item 4, customers are considered full KYC customers, and the transaction limit is KHR 200 million (approx. USD 50,000) per day.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220706153026/https://www.nbc.org.kh/download_files/legislation/prakas_kh/Circular_on_E-KYC_and_transaction_limit.pdf
- https://web.archive.org/web/20230331130550/https://www.soksiphana.com/resources/alerts/national-bank-of-cambodia-issues-new-guidelines-on-payment-services/
- https://web.archive.org/web/20230321004409/https://www.dfdl.com/resources/legal-and-tax-updates/cambodia-new-transaction-amounts-know-your-customer-procedures-for-financial-institutions-payment-servic...
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CAMBODIA
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 50, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
Sources
- https://web.archive.org/web/20240313090038/https://global-express.org/index.php?id=271&act=101&profile_id=-1&countries%5B%5D=-2&search_terms=&question-filter=&qid_34=1&qid_34_optid=1&qid_35=1&qid_36=1...
- https://web.archive.org/web/20220710064053/https://global-express.org/assets/files/GEA%20De%20Minimis%20Country%20information_6%20December%202021.pdf
CAMBODIA
Since April 2022
Since December 2021
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Joint Notification No. 873
Sub-Decree No. 287 On Management and Use of National Domain Names on the Internet (អនុក្រឹត្យលេខ ២៨៧ អនក្រ.បក ស្តីពីការគ្រប់គ្រងនិងការប្រើប្រាស់ឈ្មោះដែនជាតិនៅក្នុងប្រព័ន្ធអុីនធឺណិត)
Sub-Decree No. 287 On Management and Use of National Domain Names on the Internet (អនុក្រឹត្យលេខ ២៨៧ អនក្រ.បក ស្តីពីការគ្រប់គ្រងនិងការប្រើប្រាស់ឈ្មោះដែនជាតិនៅក្នុងប្រព័ន្ធអុីនធឺណិត)
Pursuant to Art. 7 of Sub-Decree No. 287 and Joint Notification No. 873, issued by the Ministry of Commerce (MOC) and the Ministry of Posts and Telecommunications (MPTC), registered companies in Cambodia are required to use a local domain name such as ".com.kh" for their websites and email addresses. The domain names are valid for one year before they have to be renewed.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230330045313/https://www.aseanbriefing.com/news/cambodian-companies-now-required-to-use-national-domain-name/
- https://web.archive.org/web/20221202163746/https://trc.gov.kh/wp-content/uploads/sub-decree/20220623_Sub_Decree_on_Managemnt%20of%20Domain%20name_FINAL.pdf
- https://web.archive.org/web/20230331121031/https://www.soksiphana.com/resources/alerts/notification-of-companies-obligation-in-using-the-national-domain/
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CAMBODIA
Since November 2019
Since November 2019
Since November 2019
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Royal Code No. NS/RKM/1119/016, Law on Consumer Protection (ច្បាប់ ស្តីពី កិច្ចការពារអ្នកប្រើប្រាស់)
Law on Electronic Commerce (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធ អេឡិចត្រូនិក)
Law on Electronic Commerce (ច្បាប់ស្តីពី ពាណិជ្ជកម្មតាមប្រព័ន្ធ អេឡិចត្រូនិក)
The Law on Consumer Protection and the Law on Electronic Commerce provide a comprehensive framework for consumer protection that also applies to online transactions. According to Art. 27 of the Law on Consumer Protection, it is required for businesses to disclose information related to the kind, grade, safety, quantity, origin, function of use, maintenance, composition, design, assembly, usage, price, packaging, advertising or supplying, manufacturing date and expiry date, information about production or information related to the supply of goods or services. The application of these requirements to e-commerce is confirmed by Art. 33 of the Law on Electronic Commerce, which requires any person using electronic communications for commercial activities with consumers to comply with all other provisions and regulations related to consumer protection.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240615222355/https://data.opendevelopmentmekong.net/dataset/de27171e-bbd5-43ca-be04-46d0d502ae43/resource/1ad116e5-3097-4375-8101-9a1fe49bed19/download/royal-code-consume...
- https://web.archive.org/web/20211129015932/https://aseanconsumer.org/file/pdf_file/Law-on-Consumer-Protection.pdf
- https://web.archive.org/web/20220721102828/https://www.ccfdg.gov.kh/pdf-view/?filename=https://www.ccfdg.gov.kh/wp-content/uploads/2021/02/Khmer_Law-on-E-Commerce.pdf
- https://web.archive.org/web/20230331173318/https://commerce-cambodia.com/wp-content/uploads/2021/06/eCommerceLawEN.pdf
- https://web.archive.org/web/20230923112716/https://www.lexology.com/library/detail.aspx?g=442bd243-f5af-4002-a3b4-b4d8c4e24f39
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CAMBODIA
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
Cambodia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CAMBODIA
Since 2003
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
Cambodia 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
CAMBODIA
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
Cambodia 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
CAMBODIA
Since December 2015
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Law on Telecommunications (ច្បាប់ ស្តីពី ទូរគមនាគមន៍)
Art. 99 of the Law on Telecommunications introduces sentences of six months to two years imprisonment and heavy financial penalties for “any act of producing, installing or distributing software or hidden audio recorders for recording dialogue” without approval from the authorities. It is reported that this unclear provision, which seems to require government approval for any software that can record sound, could potentially criminalise the basic use, sharing, or development of software such as smartphone apps. Additionally, the range of sound-recording hardware concerned with this provision is unclear.
Coverage Software recording sound
CAMBODIA
Since March 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Import ban applied on ICT goods or online services
Import ban
In March 2012, the Cambodia Custom and Excise General Department announced a ban on the import of old computers and spare parts for occupational purposes, except for self-consumption and/or charity, in a minor amount.
Coverage Used computer and its spare parts
CAMBODIA
Reported in 2021, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs processing
It has been reported that Cambodia's Customs and Excise Department engages in non-transparent practices that appear arbitrary. Importers frequently cite problems with undue processing delays, burdensome paperwork, and unnecessary formalities.
Coverage Horizontal
CAMBODIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Cambodia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
CAMBODIA
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive data protection law
There is no comprehensive data protection regime in Cambodia, although there are some general provisions on privacy in the 2010 Constitution of the Kingdom of Cambodia (Art. 40), the 2007 Civil Code (Art. 10), the 2009 Penal Code (Arts. 301, 302, 314, 318 and 427) and the Telecommunications Law (Art. 56). Also, the Law on Electronic Commerce provides for some measures to protect consumer data collected in electronic communication. Art. 32 of the law prohibits the interference, access, retrieval, copying, extraction, filtering, deletion, or modification of data in the custody of another person without permission or in a malicious manner. Moreover, Sub-Decree No. 252 on the Management, Use, and Protection of Personally Identifiable Data applies to personally identifiable data belonging to the Ministry of Interior (MOI).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220207034547/https://www.ocm.gov.kh/wp-content/uploads/2019/11/%E1%9E%85%E1%9F%92%E1%9E%94%E1%9E%B6%E1%9E%94%E1%9F%8B%E1%9E%9F%E1%9F%92%E1%9E%8F%E1%9E%B8%E1%9E%96%E1%9E%B...
- https://web.archive.org/web/20231003151242/https://www.dataguidance.com/notes/cambodia-data-protection-overview
- https://web.archive.org/web/20230331173318/https://commerce-cambodia.com/wp-content/uploads/2021/06/eCommerceLawEN.pdf
- https://web.archive.org/web/20230530102704/https://data.opendevelopmentmekong.net/vi/laws_record/sub-decree-no-252-on-the-management-usage-and-security-protection-of-personal-data
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CAMBODIA
Since February 2021
Pillar Domestic data policies |
Sub-pillar Minimum period for data retention
Sub-Decree No. 23 on the Establishment of National Internet Gateway (អនុក្រឹត្យលេខ ២៣ ស្ដីពីការបង្កើតច្រកទ្វារអ៊ីនធឺណិតជាតិ)
Art. 14 of Sub-Decree No. 23 imposes an obligation on National Internet Gateway (NIG) operators to retain traffic data for a year. National Internet Gateway refers to the gateway where all Internet services must be connected nationally and internationally, and traffic refers to the amount of data that passes through a network within one second of a certain time (Annex 1). NIG operators shall maintain technical records, IP address allocation table, and route identification of traffic transiting through NIG for the last 12 months. It is reported that Art. 14 means the operator(s) of the NIG can track the activities of all internet users in Cambodia, including a user’s browser as well as unencrypted search history for up to 12 months. Art. 13 imposes an obligation on NIG operators to report and monitor traffic data and submit monthly, quarterly, semesterly, third-quarterly, and annual traffic reports within seven days after the end of each month, quarter, semester, third-quarter and year to both Telecommunication Regulator of Cambodia (TRC) and the Ministry of Posts and Telecommunications (MPTC).
Coverage National Internet Gateway operators
Sources
- https://web.archive.org/web/20221122124854/https://asset.cambodia.gov.kh/mptc/media/%E1%9F%A2%E1%9F%A3.-20210216_%E1%9F%A2%E1%9F%A3_%E1%9E%A2%E1%9E%93%E1%9E%80%E1%9F%92%E1%9E%9A_%E1%9E%94%E1%9E%80_%E1...
- https://web.archive.org/web/20230902103242/https://data.opendevelopmentcambodia.net/km/dataset/7d273604-61a9-456e-b631-8f73dff13e9b/resource/53f407ed-d055-4d8b-9b2e-998d4fcbeba7/download/cambodia_nig_...
- https://web.archive.org/web/20231129024637/https://www.icj.org/cambodia-should-scrap-rights-abusing-national-internet-gateway/
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CAMBODIA
Since December 2015
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Law on Telecommunications (ច្បាប់ ស្តីពី ទូរគមនាគមន៍)
Art. 6 of the Law on Telecommunications requires that all telecommunications operators and persons involved with the telecommunications sector shall provide "telecommunications information and communication technology service data" to the Ministry of Post and Telecommunications. In practice, this gives the Ministry unfettered rights to demand that all telecommunications service providers provide data on their service users. This could operate as an obligation for companies to surrender data without the requirement of a judicial warrant or other safeguards protecting the right to privacy.
Art. 97 of the law permits the secret surveillance of any and all telecommunications where it is conducted with the approval of a “legitimate authority.” There is no definition of what constitutes a “legitimate authority”. This appears to create a power to secretly eavesdrop without any public accountability or safeguards to protect individuals’ right to privacy.
Art. 97 of the law permits the secret surveillance of any and all telecommunications where it is conducted with the approval of a “legitimate authority.” There is no definition of what constitutes a “legitimate authority”. This appears to create a power to secretly eavesdrop without any public accountability or safeguards to protect individuals’ right to privacy.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20170331210254/https://www.sithi.org/temp.php?title=Law-On-Telecommunications-&url=law_detail.php&lg=&id=277
- https://web.archive.org/web/20241128155210/https://cyrilla.org/fr/entity/dncyvenfh2c?page=1
- https://web.archive.org/web/20230821150850/https://freedomhouse.org/country/cambodia/freedom-net/2022
- https://web.archive.org/web/20221217223419/https://www.licadho-cambodia.org/reports/files/214LICADHOTelecomsLawLegalAnalysis_March2016ENG.pdf
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CAMBODIA
Since February 2021
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Sub-Decree No. 23 on the Establishment of National Internet Gateway (អនុក្រឹត្យលេខ ២៣ ស្ដីពីការបង្កើតច្រកទ្វារអ៊ីនធឺណិតជាតិ)
It is reported that some articles of Sub-Decree No. 23 could imply the requirement to provide the government with direct access to personal data collected. Art. 14 establishes that the Ministry of Post and Telecommunications (MPTC) and Telecommunication Regulator of Cambodia (TRC) can monitor the infrastructure, connections, and equipment of the National Internet Gateway (NIG). NIG refers to the gateway where all Internet services must be connected nationally and internationally (Annex 1). NIG operators shall:
- Prepare and maintain technical records, IP Address allocation table, and route identification of traffic transiting through NIG;
- Compile and maintain reports and relevant documents concerning the connections and all Internet traffic;
- Provide other information as required by the MPTC and TRC.
- Prepare and maintain technical records, IP Address allocation table, and route identification of traffic transiting through NIG;
- Compile and maintain reports and relevant documents concerning the connections and all Internet traffic;
- Provide other information as required by the MPTC and TRC.
Coverage National Internet Gateway operators
Sources
- https://web.archive.org/web/20221122124854/https://asset.cambodia.gov.kh/mptc/media/%E1%9F%A2%E1%9F%A3.-20210216_%E1%9F%A2%E1%9F%A3_%E1%9E%A2%E1%9E%93%E1%9E%80%E1%9F%92%E1%9E%9A_%E1%9E%94%E1%9E%80_%E1...
- https://web.archive.org/web/20230213121108/https://www.licadho-cambodia.org/pressrelease.php?perm=471
- https://web.archive.org/web/20230821150850/https://freedomhouse.org/country/cambodia/freedom-net/2022
- https://web.archive.org/web/20240630101439/https://www.lexology.com/library/detail.aspx?g=37ce4930-c39f-46ab-aa38-4bbf36881ff0
- https://web.archive.org/web/20230902103242/https://data.opendevelopmentcambodia.net/km/dataset/7d273604-61a9-456e-b631-8f73dff13e9b/resource/53f407ed-d055-4d8b-9b2e-998d4fcbeba7/download/cambodia_nig_...
- https://web.archive.org/web/20231129024637/https://www.icj.org/cambodia-should-scrap-rights-abusing-national-internet-gateway/
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