AZERBAIJAN
Since July 2023, entry into force in November 2023
Pillar Online sales and transactions |
Indicator Restrictions on online payments
Law No. 987-VIQ, on Payment Services and Payment Systems (“Ödəniş xidmətləri və ödəniş sistemləri haqqında” Azərbaycan Respublikasının Qanunu № 987-VIQ)
Art. 12 of the Law on Payment Services and Payment Systems stipulates that the issuance of electronic money within the territory of Azerbaijan may be undertaken solely by banks and local branches of foreign banks, the national postal operator, and electronic money institutions, meaning that only electronic money issued and authorised domestically is legally recognised. The issuer must immediately generate electronic money equivalent to the funds received for that purpose and ensure that the electronic money holder can use it. The currency, maximum permissible amount of electronic money, and the upper limit of obligations arising from electronic money issued by a single issuer are to be determined by normative acts of the Central Bank. Pursuant to Art. 13.2, legal entities, local branches of foreign legal entities, and individual entrepreneurs may acquire electronic money only by transferring funds from their respective payment accounts to the issuer. Art. 14 further requires electronic money institutions to submit information concerning payment accounts opened for such persons to the designated body of the relevant executive authority, in the manner and within the timeframe prescribed by that body. Arts. 52 and 57 govern the licensing of local branches of foreign payment institutions, foreign electronic money institutions, and foreign operators, thereby requiring any foreign payment service providers, electronic money issuers, or payment system operators seeking to operate in Azerbaijan to do so through licensed branch offices.
Coverage Online payments
AZERBAIJAN
Since October 2013, last amended in December 2025
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
Resolution of the Cabinet of Ministers of the Azerbaijan Republic of 14 October 2013 No. 305 about approval of "The Preferential and Simplified Rules of Movement by Physical Persons through Customs Border of the Goods which Are Not Provided for Production or for Dealing Purposes" (Azərbaycan Respublikası Nazirlər Kabinetinin 2013-cü il 14 oktyabr tarixli 305 nömrəli Qərarı “Fiziki şəxslər tərəfindən istehsal, yaxud kommersiya məqsədləri üçün nəzərdə tutulmayan malların gömrük sərhədindən keçirilməsinin güzəştli və sadələşdirilmiş qaydaları”nın təsdiq edilməsi haqqında)
Section 2.1.4 of "The Preferential and Simplified Rules of Movement by Physical Persons through Customs Border of the Goods which Are Not Provided for Production or for Dealing Purposes" provides that certain goods may be brought across the customs border without payment of customs duties. This applies to goods delivered into the customs territory once per calendar month in the name of the same individual via international postal consignments or a courier service, provided that their total customs value does not exceed USD 300.
Coverage Horizontal
AZERBAIJAN
Since May 2005, last amended in December 2018
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law of the Republic of Azerbaijan on Electronic Commerce (Elektron ticarət haqqında Azərbaycan Respublikasının qanunu)
The Law on Electronic Commerce establishes a safe harbour regime for intermediaries beyond copyright infringement. Art. 1 defines an intermediary as any natural or legal person that provides services enabling the electronic circulation of documents between the sender and the recipient.
Under Art. 12.2, intermediaries that transmit information supplied by buyers or sellers through a communications network, or provide access to such a network, are exempt from liability for the transmitted information where they do not initiate the transmission, select the recipient, or modify the content. Art. 12.3 extends immunity to the automatic, temporary, and short-term storage of information carried out solely to facilitate more efficient onward transmission, provided that the intermediary does not alter the information, complies with applicable access conditions and generally accepted updating rules, does not interfere with lawful technologies used to obtain usage data, and acts promptly upon notice that the information has been removed or access restricted at source, including pursuant to a court decision or a request from a competent authority.
Under Art. 12.4, intermediaries that store information supplied by buyers or sellers are not liable where they lack actual knowledge of its unlawful nature or, in damages claims, are unaware of facts or circumstances indicating unlawfulness, and act expeditiously to remove or disable access once notified. Finally, Art. 12.5 confirms that intermediaries are not subject to a general obligation to monitor transmitted or stored information, or actively seek evidence of unlawful activity, and may not undertake such monitoring on their own initiative.
Under Art. 12.2, intermediaries that transmit information supplied by buyers or sellers through a communications network, or provide access to such a network, are exempt from liability for the transmitted information where they do not initiate the transmission, select the recipient, or modify the content. Art. 12.3 extends immunity to the automatic, temporary, and short-term storage of information carried out solely to facilitate more efficient onward transmission, provided that the intermediary does not alter the information, complies with applicable access conditions and generally accepted updating rules, does not interfere with lawful technologies used to obtain usage data, and acts promptly upon notice that the information has been removed or access restricted at source, including pursuant to a court decision or a request from a competent authority.
Under Art. 12.4, intermediaries that store information supplied by buyers or sellers are not liable where they lack actual knowledge of its unlawful nature or, in damages claims, are unaware of facts or circumstances indicating unlawfulness, and act expeditiously to remove or disable access once notified. Finally, Art. 12.5 confirms that intermediaries are not subject to a general obligation to monitor transmitted or stored information, or actively seek evidence of unlawful activity, and may not undertake such monitoring on their own initiative.
Coverage Internet intermediaries
AZERBAIJAN
Since July 2005, last amended in April 2022
Pillar Intermediary liability |
Indicator User identity requirement
Decision No. 131 of the Cabinet of Ministers of the Republic of Azerbaijan on the Approval of the Requirements Applicable to the Sale and Use of Communication Devices by Communication Enterprises (Operators) and by Their Dealers and Distributors (Rabitə müəssisələri (operatorlar), həmçinin onların diler və distribüterləri tərəfindən rabitə vasitələrinin satışı və istifadəsi zamanı tələb olunan şərtlərin təsdiq edilməsi haqqında Azərbaycan Respublikası Nazirlər Kabinetinin Qərarı No. 131)
Under Section 1.1 of the "Requirements Applicable to the Sale and Use of Communication Devices by Communication Enterprises (Operators) and by Their Dealers and Distributors", communication enterprises (operators) operating within the territory of Azerbaijan, together with their dealers and distributors, are required, in the course of selling and using communication devices, to ensure that subscriber information (as specified in the annex) are included both in contracts concluded with natural and legal persons and in subscriber information databases. In addition, Section 1.4 stipulates that contracts must have attached a copy of the identity document containing the photograph of the natural person or, where the contracting party is a legal person, of the natural person who will use the device.
Coverage Communication enterprises
AZERBAIJAN
Reported in 2022, last reported in 2025
Pillar Content access |
Indicator 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 Azerbaijan. 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
AZERBAIJAN
Since December 2021, entry into force in February 2022, last amended in July 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law of the Republic of Azerbaijan on Media (Media haqqında Azərbaycan Respublikasının Qanunu)
Art. 31 of the Law on Media stipulates that an on‑demand media service provider must operate under a licence. Such a provider makes its programme catalogues available either through the transmission mechanisms of a platform operator or directly via the Internet, including through mobile applications. The on‑demand media service provider is required to furnish the Council with information concerning all programmes included in its programme catalogue, as well as the agreements establishing the broadcasting rights acquired for the dissemination of these programmes.
Art. 32.1 of the Law on Media stipulates that a platform operator must hold a licence in order to conduct its activities. Art. 1.1.21 defines a platform operator as any natural or legal person that retransmits programmes, including on‑demand media services, via cable, IPTV, Over-the-Top (OTT), mobile television, or satellite by means of encoded broadcast signals. Pursuant to Art. 12.4, a platform operator is required to submit to the Council a copy of the agreement concluded between itself and a foreign audiovisual broadcaster, or a person authorised to contract on the broadcaster’s behalf, for the purpose of retransmitting the programmes of foreign audiovisual broadcasters.
Art. 32.1 of the Law on Media stipulates that a platform operator must hold a licence in order to conduct its activities. Art. 1.1.21 defines a platform operator as any natural or legal person that retransmits programmes, including on‑demand media services, via cable, IPTV, Over-the-Top (OTT), mobile television, or satellite by means of encoded broadcast signals. Pursuant to Art. 12.4, a platform operator is required to submit to the Council a copy of the agreement concluded between itself and a foreign audiovisual broadcaster, or a person authorised to contract on the broadcaster’s behalf, for the purpose of retransmitting the programmes of foreign audiovisual broadcasters.
Coverage On‑demand media service provider and audiovisual retransmission platform operators
AZERBAIJAN
Since March 2016, last amended in July 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law of the Republic of Azerbaijan on Licenses and Permits (Lisenziyalar və icazələr haqqında Azərbaycan Respublikasının Qanunu)
Appendix No. 1 to the Law on Licences and Permits enumerates the categories of activities for which a licence is required, including IP telephony.
Coverage IP telephony
AZERBAIJAN
Since March 2016, last amended in July 2025
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law of the Republic of Azerbaijan on Licenses and Permits (Lisenziyalar və icazələr haqqında Azərbaycan Respublikasının Qanunu)
Appendix No. 1 to the Law on Licences and Permits enumerates the categories of activities for which a licence is required, including data transmission.
Coverage Data transmission
AZERBAIJAN
Since March 2016, last amended in July 2025
Since May 2010, last amended in June 2024
Since May 2010, last amended in June 2024
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law of the Republic of Azerbaijan on Licenses and Permits (Lisenziyalar və icazələr haqqında Azərbaycan Respublikasının Qanunu)
Law of the Republic of Azerbaijan of 11 May 2010 No. 998-IIIQ on Personal Data (Azərbaycan Respublikasının qanunu fərdi məlumatlar haqqında)
Law of the Republic of Azerbaijan of 11 May 2010 No. 998-IIIQ on Personal Data (Azərbaycan Respublikasının qanunu fərdi məlumatlar haqqında)
Appendix No. 2 to the Law on Licences and Permits sets out the categories of activity requiring a licence in cases relating to State security, including the establishment of personal data information resources, the development and maintenance of information systems, activities in the field of design and manufacturing of information security products, and the development of biometric technologies and the maintenance of such technologies.
Art. 9.14 of the Law on Personal Data provides that the establishment of personal data information resources and the development of information systems, as well as the provision of related services, may be undertaken only pursuant to a special permit (licence) issued in accordance with Azerbaijani legislation. Art. 15 further requires that personal data information systems be registered with the competent executive authority and, save for certain limited exceptions, prohibits the collection and processing of personal data in the absence of such state registration. Under Arts. 2.1.3 and 2.1.4, personal data information resources are defined as personal data contained within information systems in the manner and to the extent prescribed by law, as well as distinct information resources in which personal data is collected, whereas a personal data information system refers to an information system that ensures the collection, processing, and storage of personal data in accordance with legislative requirements.
Art. 9.14 of the Law on Personal Data provides that the establishment of personal data information resources and the development of information systems, as well as the provision of related services, may be undertaken only pursuant to a special permit (licence) issued in accordance with Azerbaijani legislation. Art. 15 further requires that personal data information systems be registered with the competent executive authority and, save for certain limited exceptions, prohibits the collection and processing of personal data in the absence of such state registration. Under Arts. 2.1.3 and 2.1.4, personal data information resources are defined as personal data contained within information systems in the manner and to the extent prescribed by law, as well as distinct information resources in which personal data is collected, whereas a personal data information system refers to an information system that ensures the collection, processing, and storage of personal data in accordance with legislative requirements.
Coverage Information-related systems
Sources
- https://web.archive.org/web/20240704193533/https://www.migration.gov.az/content/pdf/a49c8153426058a3bc7e8e78ce85f395.pdf
- https://web.archive.org/web/20260130045644/https://e-qanun.az/framework/32626
- https://web.archive.org/web/20260330053750/https://e-qanun.az/framework/19675
- https://web.archive.org/save/https://family.gov.az/store/media/NewFolder/Law%20of%20the%20Republic%20of%20Azerbaijan%20%20On%20personal%20data.doc
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AZERBAIJAN
Since December 2005, last amended in December 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 230 (Azərbaycan Respublikası Nazirlər Kabinetinin 230 nömrəli qərarı)
The List of Executive Authorities Responsible for Implementing Export Controls, approved by Decision No. 230, indicates that electronics are subject to import licensing requirements.
Coverage Electronics
AZERBAIJAN
Since December 2005, last amended in December 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 230 (Azərbaycan Respublikası Nazirlər Kabinetinin 230 nömrəli qərarı)
The List of Executive Authorities Responsible for Implementing Export Controls, approved by Decision No. 230, specifies that computing technology is subject to import and re‑import licensing requirements. The term "computing technology" is not defined in the Decision's text. The issuance of special permits involves the Ministry of Energy for installations, equipment, and their components, and the Ministry of Digital Development and Transport for software and related technologies.
Coverage Computing technology
AZERBAIJAN
Since December 2005, last amended in December 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 230 (Azərbaycan Respublikası Nazirlər Kabinetinin 230 nömrəli qərarı)
The List of Executive Authorities Responsible for Implementing Export Controls, approved by Decision No. 230, stipulates that telecom and information security systems are subject to import and re‑import licensing requirements. With regard to telecom security systems, the issuance of special permits is entrusted to the Ministry of Digital Development and Transport of the Republic of Azerbaijan. With regard to information security, special permits are issued on the basis of conclusions provided by the Ministry of Digital Development and Transport, the State Security Service and the Special State Protection Service of the Republic of Azerbaijan.
Coverage Telecom and information security systems
AZERBAIJAN
Since December 2005, last amended in December 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 230 (Azərbaycan Respublikası Nazirlər Kabinetinin 230 nömrəli qərarı)
The List of Executive Authorities Responsible for Implementing Export Controls, approved by Decision No. 230, includes electronics among the items subject to export controls.
Coverage Electronics
AZERBAIJAN
Since December 2005, last amended in December 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Decision of the Cabinet of Ministers of the Republic of Azerbaijan No. 230 (Azərbaycan Respublikası Nazirlər Kabinetinin 230 nömrəli qərarı)
The List of Executive Authorities Responsible for Implementing Export Controls, approved by Decision No. 230, specifies that computing technology is subject to export and re‑export licensing requirements. The term "computing technology" is not defined in the Decision's text. The issuance of special permits involves the Ministry of Energy for installations, equipment, and their components, and the Ministry of Digital Development and Transport for software and associated technologies.
Coverage Computing technology
AZERBAIJAN
Since June 2005, last amended in March 2025
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Law of the Republic of Azerbaijan on Telecommunications (Telekommunikasiya haqqında Azərbaycan Respublikasının Qanunu)
Pursuant to Art. Under Article 39 of the Law on Telecommunications, operators and service providers are required, in accordance with statutory provisions, to establish conditions facilitating operational search, intelligence, and counterintelligence activities. This obligation encompasses the installation of supplementary technical equipment within telecommunications networks and the maintenance of confidentiality regarding the methods employed in such measures, as stipulated by the competent executive authority. Reports indicate that, under this provision, mobile service providers are required to furnish subscriber data to governmental institutions.
It is reported that the Ministry of Communications mandates all telecommunications operators to provide the State Security Service with access to their equipment and facilities. It is further reported that mobile service providers routinely disclose the content of users’ communications without judicial authorisation.
It is reported that the Ministry of Communications mandates all telecommunications operators to provide the State Security Service with access to their equipment and facilities. It is further reported that mobile service providers routinely disclose the content of users’ communications without judicial authorisation.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260110171421/https://e-qanun.az/framework/10663#_edn43
- https://web.archive.org/web/20260110155341/https://freedomhouse.org/country/azerbaijan/freedom-net/2024
- https://web.archive.org/web/20260110155430/https://www.rferl.org/a/teliasonera-azerbaijan-aliyev-corruption-investigation-occrp/25457907.html
- Show more...
