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LAOS

Since December 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law on Telecommunication
According to Art. 18 of the Law on Telecommunications, the Ministry of Post and Telecommunications manages the importation of hi-technology telecommunication equipment. The regulation of the law states that the import of some types of telecommunication equipment should be subject a further control by the Ministry of Post and Telecommunications. The imported telephone sets and computers should also have a menu and be able to use content in Lao language.
Coverage Telecommunication sector

LAOS

Since 2015

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law on Prevention and Combating Cyber Crime
In 2020, Lao PDR has issued notices to online media to register with the government or be prohibited from publishing information and news on social media platforms like Facebook. It is reported that the registration enables the government to enforce the 2015 Law on Prevention and Combating Cyber Crime, which categorizes the following as offenses causing damage via online social media: i) Posting data and information containing aspects of persuading people to resist the government or separate national solidarity; ii) posting data and information destroying national security, peace, the order in society, national culture and fine tradition of the nation; iii) posting data and information containing blaspheming and using impolite words through the computer system.
Coverage Social media

LAOS

Since March 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Decision on Approval to Operate Internet Data Center
According to the Decision on Approval to Operate Internet Data Center, all internet data centers are required to have a licence to operate.
Coverage Internet data center

LAOS

Since June 2010

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Law on Consumer Protection
According to Art. 15 of Law on Consumer Protection, individuals, legal entities, and organizations intending to advertise goods and services must seek approval from the information and culture sector in accordance with laws and regulations.
Coverage Horizontal

LAOS

Since December 2012

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Law on Electronic Transactions
It has been reported that, following the signing of the Law on Electronic Transaction, internet service providers can face penalties for permitting internet users to publish false information about the government, or information meant to discredit it. According to Art. 10, telecommunications and Internet Service Providers (ISPs) are required to monitor information disseminated through their services for censorship of criticism of the Lao PDR government and other political content. In addition, according to Art. 18, the telecommunications and communications sector has the responsibility to supervise and inspect the dissemination of information by Internet service users and orders should be issued to ISPs to restrict access to information, temporarily or permanently suspend the connection of those who violate this decree or other related regulations and laws. Moreover, according to Art. 7 of the law, website owners or managers have the responsibility to thoroughly check the content and information before allowing others to disseminate it through their website, despite the fact that, according to the Lao Electronic Transactions Law, intermediaries are specifically not responsible "for monitoring the information contained in a data message or electronic record they handle for a user".
Coverage Internet intermediaries

LAOS

Since June 2014

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Decree on Internet Information Management No. 327/GOV
According to Art. 8 of the Decree on Internet Information Management No. 327/GOV, individuals are required to register on social media sites with their full names and current address, making it difficult for people in Lao PDR to share news articles or other information anonymously.
Coverage Telecommunications sector

LAOS

Since December 2012

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Law on Electronic Transactions
The Law on Electronic Transactions establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 34 of the law, an intermediary is not liable:
- to monitor any information contained in a data message or electronic record that it handles for a user;
- for a data message or electronic record that it handles for a user if an intermediary is not an originator;
- for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability;
- for background on a data message for which an intermediary has no actual knowledge.
Coverage Internet intermediaries

LAOS

Since December 2012

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law on Electronic Transactions
The Law on Electronic Transactions establishes a safe harbour regime for intermediaries beyond copyright infringement. According to the law, an intermediary is not liable (i) to monitor any information contained in a data message or electronic record that it handles for a user; (ii) for a data message or electronic record that it handles for a user if an intermediary is not an originator; (iii) for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability; (iv) for background on a data message for which an intermediary has no actual knowledge.
Coverage Internet intermediaries

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.
Coverage Horizontal

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).
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 & competition  |  Sub-pillar Presence of an 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 & 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.
Coverage Telecommunications sector

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