Art. 1 of Law No. 43, which requires a licence for the importation of all goods, states that the right to import goods, materials and equipment is limited to: Kuwaiti citizens; Kuwaiti partnerships if all partners are Kuwaiti citizens; joint stock and limited liability companies if Kuwaitis hold 51% or more of the total capital.

Law No. 8 of 2016 regulates all web-based publications including electronic news services, bulletins, websites of newspapers and televisions and the likes as well as social media. Under the legislation, all these services must obtain a license from the government before they can operate. Those in existence had one year to comply with the law. According to Art. 1 of the law, electronic media is defined as any activity which includes the publication or transmission of materials, activities or media services of electronic content that are produced, developed, updated, circulated, transmitted, published or penetrating it through the international information net (the internet) or any other communications net.

Under the Decree Regulating Advertisement in Public Places issued in February 1977, written advertisements and the signs for public shops, in their various types, must be in the Arabic language. A translation in a foreign language can be added to the advertisement provided that the largest part of the advertisement is allocated for writing in Arabic. The regulation applies to digital advertising as it defines advertising as "every means used to announce to the public or a group of people information about a certain commodity, commercial or industrial product or apparatus, machinery, commercial or industrial business, trade or profession, or any public or private service."
In addition, entities must obtain a permit to provide advertisement from the Municipality, for this it is required to submit the documents confirming the approval of the other competent authorities and pay for insurance to be assessed by the Municipality. The permit indicates its validity period, and the beneficiary's name and is not transferable.

Under Law No. 63 of 2015 regarding Anti-Information Technology Crime, the Commission for Information and Technology Regulatory Authority (CITRA) is authorized to oversee and block web content. CITRA describes this activity thusly: “The Communication and Information Technology Regulatory Authority (CITRA) receives requests to block web content that contradicts public interest. This includes public morals, the teachings of the Islamic faith, public order, and other prohibited content under the laws of the state of Kuwait.” News reporting suggest that the Kuwaiti authorities have disabled access to a variety of web content, including sites that link or provide access to copyright-infringing material.

In accordance with Art. 17 of Law No. 8, the manager in control of a website or electronic media outlet is responsible for any prohibited or violating content on the respective website or electronic media outlet/platform under the law. Therefore the manager is responsible for observing accuracy and credibility in all publications of news, information or data. Electronic media is defined in Art. 1 as “activity which includes the publication or transmission of materials, activities or media services of electronic content that are produced, developed, updated, circulated, transmitted, published or penetrating it through the international information net (the internet) or any other communications net.”

Article 4(4) of the Law No. 63 of 2015 regarding Anti-Information Technology Crime punishes by imprisonment and a fine: “Whoever establishes a website or publishes or produces or prepares or creates or sends or stores information or data with a view to use, distribute or display to others via the Internet or an information technology device that would prejudice public morality or manages a place for this purpose.”

It is reported that Kuwait 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.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Kuwait's law and jurisprudence.

A basic legal framework on intermediary liability for copyright infringement is absent in Kuwait's law and jurisprudence.

Banks and other financial institutions are required by the Anti-Money Laundering/Combating the Financing of Terrorism Law 106 of 2013 to retain a copy of transactions data for five years.

According to the Data Privacy Protection Regulation, the communications and information technology service provider is obliged to appoint a data protection officer. Art. 7.4 states that the service provider should keep records of processing activities provided that such records include, among other information, the name and contact details of the data protection officer. On the other hand, the service provider must provide (to users) 24-hour communication with the data protection officer in relation to all issues related to the processing of their personal data and the exercise of their rights under these regulations (Art 7.12). In addition, the service provider must, within a period not exceeding 72 hours following its knowledge of a breach to personal data, provide a notification to the authority. The notification should include, among other information, the name and mechanism of communication with the data protection officer (Art. 8).
A communications and information technology service provider is defined as a natural or legal person who provides communications and information technology services in Kuwait and who provides, manages, establishes, creates a public communications network, operates a website, smart application or cloud computing services, collects or processes personal data or directs another party that collects and processes personal data on its behalf through information centers that they own or use directly or indirectly.

Kuwait does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Communications and Information Technology Regulatory Authority released the Data Privacy Protection Regulation, No. 42 of 2021, which establishes rules around the collection and processing of personal data by communication and information technology service providers. Law No. 63 of 2015 regarding Anti-Information Technology Crime, protects data and information and specifies penalties of imprisonment and fines for violations. Law No. 37 of 2014 regarding the Establishment of the Regulatory Authority for Telecommunication and Information protects personal data, photos, and videos. Moreover, in the financial sector, the Cyber Security Framework for the Kuwaiti Banking Sector establishes several data protection-related obligations. Labour Law No. 6/2010 for the Private Sector similarly sets out requirements that overlap and impact data protection in relation to employment. In addition, Law No. 20 of 2014 (the E-Commerce Law) requires that client data relating to positional affairs, personal status, health status, certain financial information, and other personal information must be retained privately and confidentially by the recipient and its employees. Such data may not be disclosed without client consent or a court order.

The Data Privacy Protection Regulation of 2021 defines "data collection and processing" broadly, including also transmission of data. Data processing, and therefore also data transfer across borders, is lawful under limited circumstances, including with the consent of the data subject or in case of necessity to comply with a legal obligation (Art. 5). Firms shall notify data subjects if their data is transferred abroad (Art. 6.10), providing also information about how long and where data will be stored overseas (Art. 6.8). The Regulation is not applicable to security agencies.

Kuwait has not joined any agreement with binding commitments to open transfers of data across borders.

Kuwait has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.