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
Sources
- https://cn.nepalembassy.gov.np/wp-content/uploads/2017/11/telecommunication-policy-2060-2004-2.pdf
- https://mocit.gov.np/application/resources/admin/uploads/source/EConsultation/EN%20Digital%20Nepal%20Framework%20V8.4%2015%20July%20%202019.pdf
- http://www.investnepal.gov.np/portal/index.php?p1=content&p2=9#.YDJJCY8zbIU
- Show more...
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 Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Nepal to deliver telecom services to end users. However, it is practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector