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
N/A
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Azerbaijan maintains a telecommunications regulatory body known as the Information Communication Technologies Agency (ICTA), which is responsible for certification, registration, regulation and oversight, including quality control, within the domains of information and communication technologies and communications (telecommunications and postal services). However, the decision-making processes of this entity are not independent of governmental influence. Pursuant to Sections 2 and 3 of the Presidential Decree of the Republic of Azerbaijan entitled “On Certain Measures to Improve Governance in the Field of Digitalisation, Innovation, High Technologies and Communications in the Republic of Azerbaijan”, dated 11 October 2021, ICTA was established as a public legal entity under the authority of the Ministry of Digital Development and Transport.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260109204458/https://e-qanun.az/framework/48367
- https://web.archive.org/web/20260109204357/https://mincom.gov.az/en/ministry/structure/information-communication-technologies-agency-public-legal-entity
- https://web.archive.org/web/20260109190854/https://app.gen5.digital/tracker/country-cards/Azerbaijan
- Show more...
AZERBAIJAN
Since March 2024
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Decision No. 14/2 of 28 March 2024 on the Approval of the Requirements for Ensuring Information Security in Entities Whose Activities are Controlled in Financial Markets (Qərarı No. 14/2 “Maliyyə Bazarlarında Fəaliyyətinə Nəzarət Edilən Subyektlərdə İnformasiya Təhlükəsizliyinin Təmin Edilməsinə dair Tələblər”in Təsdiq Edilməsi Barədə)
According to Section 4.10.2.5 of Decision No. 14/2 of 28 March 2024, approving the "Requirements for Ensuring Information Security in Entities Whose Activities Are Controlled in Financial Markets", where cloud services are used, sensitive information owned by a supervised entity must be stored solely within the Republic of Azerbaijan.
Section 2.1.9 defines “sensitive information” as information that must be protected against unauthorised processing, including access, modification, or disclosure, due to its potential adverse impact on individuals, legal entities, or national security. This includes, inter alia, sensitive payment information, personal data, state secrets, commercial secrets, banking secrets, insurance secrets, and other confidential information.
This requirement applies to a broad range of supervised entities, including banks, non-bank credit institutions, insurers, securities market licensees, investment funds and managers, the national postal operator, payment institutions, electronic money institutions, payment system operators, credit bureaus, and the central depository, among others (Sections 1.1–1.3).
Section 2.1.9 defines “sensitive information” as information that must be protected against unauthorised processing, including access, modification, or disclosure, due to its potential adverse impact on individuals, legal entities, or national security. This includes, inter alia, sensitive payment information, personal data, state secrets, commercial secrets, banking secrets, insurance secrets, and other confidential information.
This requirement applies to a broad range of supervised entities, including banks, non-bank credit institutions, insurers, securities market licensees, investment funds and managers, the national postal operator, payment institutions, electronic money institutions, payment system operators, credit bureaus, and the central depository, among others (Sections 1.1–1.3).
Coverage Financial sector
AZERBAIJAN
Since March 2024
Pillar Cross-border data policies |
Indicator Infrastructure requirement
Decision No. 14/2 of 28 March 2024 on the Approval of the Requirements for Ensuring Information Security in Entities Whose Activities are Controlled in Financial Markets (Qərarı No. 14/2 “Maliyyə Bazarlarında Fəaliyyətinə Nəzarət Edilən Subyektlərdə İnformasiya Təhlükəsizliyinin Təmin Edilməsinə dair Tələblər”in Təsdiq Edilməsi Barədə)
According to Section 4.12.4 of Decision No. 14/2 of 28 March 2024, approving the "Requirements for Ensuring Information Security in Entities Whose Activities Are Controlled in Financial Markets", supervised entities must have two information processing centres, one main centre and one backup centre, located in non-adjacent economic regions of the Republic of Azerbaijan.
This requirement does not apply to all supervised entities covered by the Decision. Sections 1.4 and 1.5 exclude Category II and Category III supervised entities from Sections 4.12–4.16. Therefore, Section 4.12.4 applies only to Category I supervised entities, including banks, insurers, the central depository, the Compulsory Insurance Bureau, credit bureaus, electronic money institutions, and payment system operators (Sections 1.1–1.5).
This requirement does not apply to all supervised entities covered by the Decision. Sections 1.4 and 1.5 exclude Category II and Category III supervised entities from Sections 4.12–4.16. Therefore, Section 4.12.4 applies only to Category I supervised entities, including banks, insurers, the central depository, the Compulsory Insurance Bureau, credit bureaus, electronic money institutions, and payment system operators (Sections 1.1–1.5).
Coverage Financial sector
AZERBAIJAN
Since May 2010, last amended in June 2024
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law of the Republic of Azerbaijan of 11 May 2010 No. 998-IIIQ on Personal Data (Azərbaycan Respublikasının qanunu fərdi məlumatlar haqqında)
Pursuant to Art. 14 of the Law on Personal Data, the cross-border transfer of personal data is prohibited under the following circumstances: (i) where such transfer poses a threat to the national security of the Republic of Azerbaijan; and (ii) where the legal framework of the recipient country fails to provide an adequate level of protection for personal data comparable to that afforded under Azerbaijani law. Nevertheless, the cross-border transfer of personal data may be permitted irrespective of the level of legal protection, provided that the data subject has given explicit consent or that the transfer is necessary to safeguard the life or health of the data subject.
Coverage Horizontal
Sources
AZERBAIJAN
Since July 1997, last amended in April 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law No. 312-IQ on Patents (25 iyul 1997-ci il tarixli No. 312-IQ nömrəli Patent haqqında Azərbaycan Respublikasının Qanunu)
Art. 18 of the Law on Patents stipulates that, in order to safeguard national security interests, the competent executive authority may authorise the use of a patent relating to an invention, utility model, or industrial design without the consent of the patent holder. In such circumstances, the patent holder is entitled to receive appropriate compensation. Should the patent holder dispute the amount of compensation awarded, they may challenge the decision through administrative procedures or in court.
Coverage Horizontal
AZERBAIJAN
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
Azerbaijan has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
AZERBAIJAN
Since December 1995
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Azerbaijan is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
AZERBAIJAN
Since May 2010, last amended in June 2024
Pillar Domestic data policies |
Indicator Framework for data protection
Law of the Republic of Azerbaijan of 11 May 2010 No. 998-IIIQ on Personal Data (Azərbaycan Respublikasının qanunu fərdi məlumatlar haqqında)
The Law on Personal Data establishes a comprehensive framework for data protection in Azerbaijan. The Ministry of Transport, Communications and High Technologies serves as the regulatory authority under the Law, empowered to conduct investigations and implement measures, although reports suggest that its enforcement activity has been limited. The Law is further supplemented by several decrees, including the "Requirements for the Protection of Personal Data" and the "Regulations on the Transmission of Personal Data Collected and Processed at Corporate Information Systems to Third Parties on a Fee Basis".
Coverage Horizontal
AZERBAIJAN
Since June 1996, last amended in March 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 115-IQ of 5 June 1996, on Copyright and Related Rights (5 iyun 1996-cı il tarixli No. 115-IQ nömrəli Müəlliflik Hüququ və Əlaqəli Hüquqlar Haqqında Azərbaycan Respublikasının Qanunu)
Azerbaijan’s copyright framework is established under Law No. 115‑IQ; however, the statutory exceptions it provides do not conform to the fair use or fair dealing models, thereby limiting the lawful use of copyrighted works by third parties. The relevant exceptions are dispersed across various provisions of the Law, including Art. 18, which concerns the reprographic reproduction of works by libraries, archives, and educational institutions; Art. 19, which regulates the use of works for informational, scientific, educational, and other related purposes; Art. 20, which provides for the use of works permanently located in public spaces; Art. 23, which pertains to ephemeral, short‑term recordings made by broadcasting organisations; and Art. 24, which addresses the reproduction of computer software and databases, as well as the decompilation of computer programs.
Coverage Horizontal
AZERBAIJAN
Reported in 2022, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported limitations in copyright enforcement
It is reported that copyright enforcement remains a significant issue in Azerbaijan, particularly in the digital environment. Although Azerbaijani law provides copyright protection, unlicensed software use remains widespread in both the private and public sectors. In 2022, the Copyright Agency of Azerbaijan reported a software piracy rate of 71%.
Coverage Horizontal
AZERBAIJAN
Since January 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Azerbaijan has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
AZERBAIJAN
Since January 2006
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Azerbaijan has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
AZERBAIJAN
Since December 2001, last amended in April 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Law of the Republic of Azerbaijan No. 224‑IIG on Trade Secrets (Azərbaycan Respublikasının No. 224‑IIQ Kommersiya sirri haqqında Qanunu)
Law No. 224‑IIG provides a framework for effective protection of trade secrets.
Coverage Horizontal
AZERBAIJAN
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Azerbaijan to deliver telecom services to end users. However, it is reported that infrastructure sharing is practised in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
