LAOS
Since 2017
Pillar Domestic Data policies |
Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Law on Electronic Data Protection
The Law on Electronic Data Protection (Arts. 29 and 30) states that 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 inspection of electronic data protection should include the responsibilities, behavior, and working methodologies of Electronic Data Protection officers.
Coverage Horizontal
LAOS
Since 2017
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Law on Electronic Data Protection
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://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=107518&p_country=LAO&p_classification=01
- https://www.ela.law/Templates/media/files/Newsletter_Articles_Clients/AP/October/Ministry_of_Posts_and_Telecommunications_Guidelines_Shed_Light_and_Clarity_on_the_Lao_PDR’s_Data_Protection_Regime.pd...
LAOS
Since May 2017
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law on Electronic Data Protection
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 transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of data subject and compliance with 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 transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of data subject and compliance with law (Art. 17).
Coverage Horizontal
LAOS
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
Laos has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
LAOS
Since March 2012
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Decree on the Management and Use of Internet and Domain Name of the Lao PDR
The political parties and government organizations having their own website must use the Domain Name “.la” and must store the information in the land system computer which uses the Internet Protocol of the National Internet Center located in Lao PDR according to Art. 10 of the Decree on the Management and Use of Internet and Domain Name of the Lao PDR.
Coverage Public sector
LAOS
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Lack of an independent telecom authority
Laos has a telecommunications authority: The Ministry of Post and Telecommunication (MPT). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector
LAOS
Since February 2015
Pillar Telecom infrastructure and competition |
Sub-pillar Other 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 organizations, both domestic and international, aiming to conduct a telecommunication business must provide a complete set of application documents and submit 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 and competition |
Sub-pillar 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://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_highlights_commit_exempt_e.htm#country
LAOS
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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 is an obligation of functional separation since 2014.
Coverage Telecommunications sector
LAOS
Since 2011
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Law on Telecommunication
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.
Coverage Telecommunications sector
LAOS
Reported in 2018
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 are four authorized enterprises providing fixed and mobile telecommunications services in Lao PDR, and the fifth holds a mobile license but currently only offers internet access. All of them have some share of government ownership.
Coverage Telecommunication sector
LAOS
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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 practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Law on Intellectual Property Right
The Law on Intellectual Property Right defines a trade secret as "secret information which cannot be disclosed regarding to formula, production process or any information which has commercial value in the sense that it is not known among or readily accessible to persons within the circles that normally deal with the kind of information in question."
Art. 61 governs the rights of proprietors of trade secrets. It states that the proprietor of a trade secret has the right to 1) prevent trade secret information lawfully in his control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices and 2) to protect their rights under the law and regulations against infringements by others such as to institute court action, [and] right to compensation from damages caused by others. However, the regulation provides an exception to this rule where the rights are not applicable in the case of the discovery of the information by reverse engineering, laboratory testing, analysis, or other similar means.
Art. 61 governs the rights of proprietors of trade secrets. It states that the proprietor of a trade secret has the right to 1) prevent trade secret information lawfully in his control from being disclosed to, acquired by, or used by others without their consent in a manner contrary to honest commercial practices and 2) to protect their rights under the law and regulations against infringements by others such as to institute court action, [and] right to compensation from damages caused by others. However, the regulation provides an exception to this rule where the rights are not applicable in the case of the discovery of the information by reverse engineering, laboratory testing, analysis, or other similar means.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Laos has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Laos has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal