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 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
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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
UZBEKISTAN
Since December 2019
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law on Investments and Investment Activity - No. LRU-598 (Ўзбекистон Республикасининг “Инвестициялар ва инвестиция фаолияти тўғрисида”ги қонуни)
Art. 46 of Law No. LRU-598 stipulates that legislation may impose restrictions or prohibitions on foreign investment in specific areas of the economy to safeguard public health, flora and fauna, the environment, and national security interests. Reports indicate that the government may conduct screening of foreign investments, particularly in strategic sectors such as telecommunications; however, the screening process lacks transparency.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220425010717/https://www.lex.uz/docs/4664144
- https://web.archive.org/web/20230705093613/https://lex.uz/docs/4598482
- https://web.archive.org/web/20221217020022/https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://web.archive.org/web/20221205204533/https://invest.gov.uz/investor/putevoditel-dlya-investora/
- https://web.archive.org/web/20230926144903/https://lex.uz/ru/docs/4751834
- https://web.archive.org/web/20231203045051/https://www.roedl.com/en-gb/de/media/publications/investment-guides/documents/investment-guide-usbekistan-roedl-partner.pdf
- https://web.archive.org/web/20231002160342/https://www.state.gov/reports/2023-investment-climate-statements/uzbekistan/
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UZBEKISTAN
Since August 2018
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Decree of the President of the Republic of Uzbekistan on measures for cardinal improvement of investment climate in the Republic of Uzbekistan - No. DP-5495 (Ўзбекистон Республикасида Инвестиция Муҳитини Тубдан Яхшилаш Чора-Тадбирлари Тўғрисида)
According to Art. 6 of Decree No. 5495, the minimum size of the authorised capital of companies with foreign investment is UZS 400 million (approx. 33.000 USD), while it was previously UZS 600 million (approx. 48.500 USD).
Coverage Horizontal
Sources
- https://web.archive.org/web/20220425010717/https://www.lex.uz/docs/4664144
- https://web.archive.org/web/20230705093613/https://lex.uz/docs/4598482
- https://web.archive.org/web/20221217020022/https://unctad.org/system/files/official-document/diaepcb2021d3_en.pdf
- https://web.archive.org/web/20221205204533/https://invest.gov.uz/investor/putevoditel-dlya-investora/
- https://web.archive.org/web/20230926144903/https://lex.uz/ru/docs/4751834
- https://web.archive.org/web/20231203045051/https://www.roedl.com/en-gb/de/media/publications/investment-guides/documents/investment-guide-usbekistan-roedl-partner.pdf
- https://web.archive.org/web/20231002160342/https://www.state.gov/reports/2023-investment-climate-statements/uzbekistan/
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UZBEKISTAN
Since May 1994, as amended in December 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law of the Republic of Uzbekistan on Inventions, Utility Models and Industrial Designs Act No. 397-II (Ўзбекистон Республикасининг Қонуни Ихтиролар, Фойдали Моделлар Ва Саноат Намуналари Тўғрисида)
In accordance with Art. 35 of the Law No. 397-II, natural persons permanently residing outside the Republic of Uzbekistan or foreign legal entities can only apply for patents of industrial property objects through patent attorneys registered with the Agency for Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan. Also, it is reported that an application should be filed in Uzbek or Russian language. If the application is filed in any other foreign language, the translation into Uzbek or Russian thereof should be provided within two months from the date of filing.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/22558
- https://web.archive.org/web/20230328060646/https://mspcorporate.com/objects/patent-uzbekistan.htm
- https://web.archive.org/web/20230207010619/https://sojuzpatent.com/Invention-and-utility-model-registration/uzbekistan
- https://web.archive.org/web/20231205195500/https://www.ip-coster.com/IPGuides/patent-uzbekistan
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UZBEKISTAN
Since May 1994, as amended in December 2011
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law of the Republic of Uzbekistan on Inventions, Utility Models and Industrial Designs Act No. 397-II (Ўзбекистон Республикасининг Қонуни Ихтиролар, Фойдали Моделлар Ва Саноат Намуналари Тўғрисида)
In accordance with Art. 35 of Law No. 397-II, natural persons permanently residing outside the Republic of Uzbekistan or foreign legal entities shall perform legally significant actions in connection with patents through patent attorneys registered with the Agency for Intellectual Property under the Ministry of Justice of the Republic of Uzbekistan. Moreover, it is reported that while Uzbekistan’s legal framework for patent protection is generally sufficient, enforcement remains one of the biggest challenges.
Coverage Horizontal
UZBEKISTAN
Since December 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Uzbekistan is a party to the Patent Cooperation Treaty (PCT). However, the country does not consider itself bound by Art. 59 related to disputes. It should be noted that this treaty was signed in 1970 when Uzbekistan was still part of the Soviet Union. Upon gaining independence, Uzbekistan issued a declaration of continued application, with the date of entry into force set as December 1991, corresponding to the country's independence.
Coverage Horizontal
UZBEKISTAN
Since July 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law of the Republic of Uzbekistan on Copyrights and Related Rights - Act No. LRU-42 (Ўзбекистон Республикасининг Қонуни Муаллифлик Ҳуқуқи Ва Турдош Ҳуқуқлар Тўғрисида)
Uzbekistan has a copyright regime under the Act No. LRU-42. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. The exceptions are listed in Arts. 25-33 and include the reproduction of works for personal use, the free use of works indicating the name of the author, the use of works by reprographic reproduction, the free use of works permanently located in places open to the public, free public performance of works, the use of works for the purposes of pre-investigation checks, preliminary inquiries, preliminary investigations, administrative and judicial proceedings, free short-term recording produced by broadcasting organisations, free reproduction and adaptation of computer software or databases.
Coverage Horizontal
