LAOS
Since June 2010
Pillar Content access |
Indicator Restrictions on online advertising
Law on Consumer Protection
According to Art. 15 of the Law on Consumer Protection, individuals, legal entities, and organisations intending to advertise goods and services must seek approval from the information and culture sector in accordance with laws and regulations.
Coverage Horizontal
LAOS
Since May 2017
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law on Electronic Data Protection (ກົດໝາຍວ່າດ້ວຍການປົກປ້ອງຂໍ້ມູນເອເລັກໂຕຣນິກ)
The Law on Electronic Data Protection specifies that the delivery or transfer of data must be performed as follows:
- with the consent of the data subject and guarantee that the transferee can protect such data;
- with the encryption of important information, such as financial, accounting, and investment data and with the electronic certificate issued by the Ministry of Posts and Telecommunication (Art. 25);
- without forging the source of data sent or transferred;
- that the transfer must be in accordance with the agreement of the transferee and transferor; and
- that the transfer must be stopped upon refusal by the transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of the data subject and compliance with the law (Art. 17).
- with the consent of the data subject and guarantee that the transferee can protect such data;
- with the encryption of important information, such as financial, accounting, and investment data and with the electronic certificate issued by the Ministry of Posts and Telecommunication (Art. 25);
- without forging the source of data sent or transferred;
- that the transfer must be in accordance with the agreement of the transferee and transferor; and
- that the transfer must be stopped upon refusal by the transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of the data subject and compliance with the law (Art. 17).
Coverage Horizontal
LAOS
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
Laos has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
LAOS
Since May 2017
Pillar Domestic data policies |
Indicator Framework for data protection
Law on Electronic Data Protection
(ກົດໝາຍວ່າດ້ວຍການປົກປ້ອງຂໍ້ມູນເອເລັກໂຕຣນິກ)
(ກົດໝາຍວ່າດ້ວຍການປົກປ້ອງຂໍ້ມູນເອເລັກໂຕຣນິກ)
In May 2017, the National Assembly of the Lao PDR enacted the Law on Electronic Data Protection No. 25/NA. In August 2018, to clarify the requirements under the Law on Electronic Data Protection, the Ministry of Posts and Telecommunications issued the Guidelines on the Implementation of the Law on Electronic Data Protection No. 2126/MoPTC. The E-Data Protection Guidelines provide greater clarity on the classification of electronic data, the compliance obligations of data managers, and rules associated with regulated data protection activities. These Guidelines cover (i) data collection; (ii) electronic data inspection; (iii) saving/storing of electronic data; (iv) maintaining electronic data; (v) using and disseminating electronic data; (vi) transmission and transfer of electronic data; (vii) access to electronic data; (viii) amending and updating electronic data; and (ix) deletion of electronic data.
The comprehensive regulatory framework on data privacy focuses on data in its digital form – electronic data – and none other.
The comprehensive regulatory framework on data privacy focuses on data in its digital form – electronic data – and none other.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240127165606/https://natlex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=107518
- https://web.archive.org/web/20240219040019/https://www.ela.law/Templates/media/files/Newsletter_Articles_Clients/AP/October/Ministry_of_Posts_and_Telecommunications_Guidelines_Shed_Light_and_Clarity_o...
LAOS
Since May 2017
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law on Electronic Data Protection
(ກົດໝາຍວ່າດ້ວຍການປົກປ້ອງຂໍ້ມູນເອເລັກໂຕຣນິກ)
(ກົດໝາຍວ່າດ້ວຍການປົກປ້ອງຂໍ້ມູນເອເລັກໂຕຣນິກ)
The Law on Electronic Data Protection (Arts. 29 and 30) states that the data controller has the right and obligation to establish an internal department and officer to supervise the protection of the data. Art. 46 also mandates that the content of the inspection of electronic data protection should include the responsibilities, behaviour, and working methodologies of Electronic Data Protection officers.
Coverage Horizontal
LAOS
Since December 2012
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Law on Electronic Transactions
The Law on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 34 of the law, an intermediary is not liable:
- to monitor any information contained in a data message or electronic record that it handles for a user;
- for a data message or electronic record that it handles for a user if an intermediary is not an originator;
- for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability;
- for background on a data message for which an intermediary has no actual knowledge.
- to monitor any information contained in a data message or electronic record that it handles for a user;
- for a data message or electronic record that it handles for a user if an intermediary is not an originator;
- for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability;
- for background on a data message for which an intermediary has no actual knowledge.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
- https://web.archive.org/web/20230604211614/https://www.globaltradealert.org/country/110
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LAOS
Since December 2012
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law on Electronic Transactions
The Law on Electronic Transactions establishes a safe harbour regime for intermediaries beyond copyright infringement. According to the law, an intermediary is not liable (i) to monitor any information contained in a data message or electronic record that it handles for a user; (ii) for a data message or electronic record that it handles for a user if an intermediary is not an originator; (iii) for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability; (iv) for background on a data message for which an intermediary has no actual knowledge.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- http://web.archive.org/web/20160328221013/https://freedomhouse.org/report/freedom-press/2015/laos
- https://web.archive.org/web/20230928221523/https://www.rfa.org/english/news/laos/decree-09242014143032.html
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LAOS
Since June 2014
Pillar Intermediary liability |
Indicator User identity requirement
Decree on Internet Information Management No. 327/GOV
According to Art. 8 of the Decree on Internet Information Management No. 327/GOV, individuals are required to register on social media sites with their full names and current addresses, making it difficult for people in Lao PDR to share news articles or other information anonymously.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- https://web.archive.org/web/20230928221523/https://www.rfa.org/english/news/laos/decree-09242014143032.html
- https://web.archive.org/web/20160328221013/https://freedomhouse.org/report/freedom-press/2015/laos
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LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Laos does not possess a comprehensive legal framework to ensure the effective protection of trade secrets, though certain measures exist to address related issues. Art. 53 of Law No. 50/NA of 20 November 2023 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ 50/ສພຊ, ລົງວັນທີ 20 ພະຈິກ 2023), defines the rights of trade secret proprietors. According to Art. 20, a trade secret is characterised as "secret information which cannot be disclosed regarding a formula, production process, or any information that has commercial value by virtue of not being known among or readily accessible to individuals within the circles that normally deal with the type of information in question." This legislation came into force in January 2024, superseding Law No. 38/NA of 15 November 2017 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017), which included similar provisions in Arts. 20 and 61.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/22624
- https://web.archive.org/web/20240925191607/http://laoofficialgazette.gov.la/kcfinder/upload/files/50%20%E0%BA%AA%E0%BA%9E%E0%BA%8A%2020.11.2023.pdf
- https://web.archive.org/web/20231222180239/https://internationalipcooperation.eu/sites/default/files/arise-docs/2019/Lao-PDR_Law-on-Intellectual-Property-No-38_15-11-2017_Eng.pdf
- https://www.lexology.com/library/detail.aspx?g=db6fe766-a1e0-48b1-a21a-15edf342c3ad
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LAOS
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that Laos has no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
LAOS
Reported in 2018, last reported in 2023
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
In Lao PDR, there are four approved companies offering both fixed and mobile telecommunications services, with a fifth holding a mobile license but presently focusing solely on providing internet access. Each of these companies has a certain degree of government ownership.
Coverage Telecommunication sector
LAOS
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Laos does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of functional separation since 2014.
Coverage Telecommunications sector
LAOS
Since December 2011
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law on Telecommunication (ກົດໝາຍວ່າດ້ວຍ ການໂທລະຄົມມະນາຄົມ)
Art. 36 of the Law on Telecommunication mandates the following activities to be approved by the Ministry of Post and Telecommunications or relevant ministries: i) adjusting its radio frequency spectrum, telecommunication equipment, and networks into the radio frequency spectrum, telecommunication equipment, and networks of other telecommunication service providers; ii) Increasing or decreasing service prices, and iii) using telecommunication resources and import telecommunication equipment. It is reported that since 2022, there has been a new telecom law. However, the text is not available online.
Coverage Telecommunications sector
LAOS
Since February 2015
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Decision on Telecommunication Business Operating License No. 221/MPT
According to Art. 2 of the Decision on Telecommunication Business Operating License No. 221/MPT, a Telecommunication Business Operating License provides the right and legal certification to individuals or juridical persons who operate telecommunication businesses in accordance with the laws of Lao PDR. Pursuant the Art. 10, individuals, legal entities, and organisations, both domestic and international, aiming to conduct a telecommunication business must provide a complete set of application documents and submit them to the responsible office as stipulated in the law on investment promotion and other relevant regulations. Registration criteria for the business license for telecommunication services, as stated in Art. 11, include: i) having adequate financial resources; ii) having staff with the relevant knowledge, capability, and experience; iii) buildings, vehicles, and equipment for supporting telecommunications-related work; iv) making the full payment of related fees and service charges; and v) preparing the full set of required documents.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
Coverage Telecommunications sector
LAOS
Since April 2013
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Laos has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=116265&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20211025203315/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
