Database

Browse Database

NEPAL

Since July 1992

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Radio Communication (License) Regulation, 1992
According to Section 3 of the Radio Communication (License) Regulation, radio machines, including communication equipment (such as satellite receiving system or satellite communication system; cordless telephone; and similar communication devices), and all radio equipment not specifically exempted from the licensing requirement, require a license for import.
Coverage ICT goods

NEPAL

Since March 2017

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Online Media Operation Directive, 2017
According to Section 3 of the Online Media Operation Directive, online news companies are required to be registered at the Department of Information and Broadcasting to provide online content.
Coverage Online news

NEPAL

Reported in 2022

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Nepal. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

NEPAL

Reported in 2021

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Nepal 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

NEPAL

Since December 2006

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for copyright infringement
Electronic Transactions Act, 2063 (2008)
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 43 of the law, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content fully aware that it contravenes the law.
Coverage Network service providers

NEPAL

Since December 2006

Pillar Intermediary liability  |  Sub-pillar Safe harbor for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2063 (2008)
The Electronic Transactions Act establishes a safe harbour regime beyond intermediaries for copyright infringements. According to Art. 43 of the law, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content fully aware that it contravenes the law.
Coverage Network service providers

NEPAL

Since 2018

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Privacy Act, 2018
The Privacy Act is the legal framework for data protection. The Act requires consent to be obtained for collecting personal or family data of any person, and requires that data be used only for the purpose for which data has been collected. Consent is required to publish, or caused to be published, the details related to the following forms of data: health examination, property and income generation, employment, family matters, biometric details and thumb impression, electronic signature, political affiliation and election, and business or transactions.
Coverage Horizontal

NEPAL

Since September 2018

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Individual Privacy Act, 2075 (2018)
Section 12(4) of the Privacy Act prohibits the disclosing, making public, or transferring of the following data of an individual, without the consent of the individual: details relating to a medical examination; details relating to property and income; details relating to employment; details relating to family matters; biometric data and fingerprints; signatures or electronic signatures; details relating to political affiliation and voting; and details relating to profession and business. The term 'transfer' as mentioned above, may signify the transfer of personal data outside Nepal thereby requiring specific consent from the individual.
Coverage Horizontal

NEPAL

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
Nepal has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

NEPAL

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Nepal has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

NEPAL

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the Nepal Telecommunications Authority (NTA), 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

NEPAL

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Nepal does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector

NEPAL

Since April 2004

Pillar Telecom infrastructure and competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Telecommunication Policy Act, 2004
According to Art. Section 5.6.2 of the Telecommunication Policy Act, foreign ownership in the telecommunications sector is subject to a maximum equity limit of 80%.
Coverage Telecommunications sector

NEPAL

Reported in 2020

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
There government owns shares in certain telecom companies. In particular, Nepal Telecom (NTC) or Nepal Doorsanchar Company Limited (NDCL), the incumbent telecommunications operator, is a state-owned company, with a government share up to 90%.
Coverage Telecommunications sector

NEPAL

N/A

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