MONGOLIA
Since December 2021, entry into force in May 2022
Pillar Domestic data policies |
Indicator Framework for data protection
Law of Mongolia on Personal Data Protection (МОНГОЛ УЛСЫН ХУУЛЬ ХҮНИЙ ХУВИЙН МЭДЭЭЛЭЛ ХАМГААЛАХ ТУХАЙ)
The Law of Mongolia on Personal Data Protection provides a comprehensive regime of data protection in Mongolia. It governs matters pertaining to personal privacy and regulates the collection, processing, use, and security of individuals’ personal data. The Law designates the National Human Rights Commission of Mongolia and the Ministry of Digital Development and Communications as the supervisory authorities responsible for overseeing compliance.
Other relevant legislation includes the Law of Mongolia on Cyber Security, the Law of Mongolia on Electronic Signature, and the Law of Mongolia on Public Information Transparency, all of which came into effect concurrently with the Law on Personal Data Protection. In addition to these overarching regulations, Mongolia’s data protection framework is supplemented by sector-specific legislation in the healthcare and financial sectors.
Other relevant legislation includes the Law of Mongolia on Cyber Security, the Law of Mongolia on Electronic Signature, and the Law of Mongolia on Public Information Transparency, all of which came into effect concurrently with the Law on Personal Data Protection. In addition to these overarching regulations, Mongolia’s data protection framework is supplemented by sector-specific legislation in the healthcare and financial sectors.
Coverage Horizontal
MONGOLIA
Since December 2021, entry into force in May 2022
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law of Mongolia on Personal Data Protection (МОНГОЛ УЛСЫН ХУУЛЬ ХҮНИЙ ХУВИЙН МЭДЭЭЛЭЛ ХАМГААЛАХ ТУХАЙ)
Pursuant to Art. 20.1.5 of the Law on Personal Data Protection, the data controller and data processor are required to conduct a risk assessment to ensure the security of data processing operations.
Coverage Horizontal
MONGOLIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
Mongolian law and jurisprudence lack a fundamental legal framework governing intermediary liability for copyright infringement. Art. 52 of the Law on Copyright merely stipulates that internet service providers, aggregators, website owners, telecommunications service providers, broadcasting organisations, and multi-channel transmitters must facilitate the receipt of reports concerning copyright and related rights infringements. Additionally, they are obligated to suspend or terminate the unlawful use of copyrighted works and related rights on their networks upon receiving such reports.
Coverage Internet intermediaries
MONGOLIA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Mongolia's law and jurisprudence.
Coverage Internet intermediaries
MONGOLIA
Since April 2020
Pillar Intermediary liability |
Indicator User identity requirement
Resolution of the Communications Regulatory Commission No. 23 On the Approval of the Terms and Conditions for Obtaining a Special Licence to Provide Telecommunications Services (Харилцаа холбооны зохицуулах хорооны тогтоол Дугаар 23 “Харилцаа холбооны үйлчилгээ эрхлэх тусгай зөвшөөрлийн нөхцөл, шаардлага”-ыг батлах тухай)
Under Clause 5.12.9 of Annex I of "Resolution of the Communications Regulatory Commission No. 23 On the Approval of the Terms and Conditions for Obtaining a Special Licence to Provide Telecommunications Services", telephone service providers are required to implement a user registration system that records individual users by their national registration number. In the case of organisational clients, the registration must include the organisation’s registration number as well as the personal registration number, surname, and given name of the authorised individual representing the organisation. Importantly, this requirement applies not only to traditional telephone services but also to Internet Protocol-based telephone services.
Coverage Traditional and Internet Protocol-based telephone services
MONGOLIA
Since 2011
Pillar Intermediary liability |
Indicator User identity requirement
General Terms and Conditions for the Regulation of Digital Content Services (Тоон контентийн үйлчилгээний зохицуулалтын ерөнхий нөхцөл шаардлага)
According to Section 7.2.4 of the "General Terms and Conditions for the Regulation of Digital Content Services", website service providers that enable users to create content and facilitate a user comment section are required to display the user's full Internet Protocol (IP) address within publicly accessible user-generated content. Pursuant to Section 2.4, a website service provider is defined as an individual or legal entity that disseminates news, information, and other forms of content to the public through communication network services.
Coverage Website service providers
Sources
- https://web.archive.org/web/20250322015155/https://www.crc.gov.mn/storage/documents/May2022/Fpp4HWfC3G1DQp38GqC4.pdf
- https://web.archive.org/web/20250322015326/https://cyrilla.org/entity/8kk0k84j4lu?file=17285605779607rvq98bubcc.pdf&page=1
- https://web.archive.org/web/20250322015342/https://www.hurights.or.jp/archives/focus/section3/2018/03/internet-freedom-in-mongolia.html
- Show more...
MONGOLIA
Since January 2024, entry into force in September 2024
Pillar Intermediary liability |
Indicator Monitoring requirement
Law of Mongolia on Child Protection (МОНГОЛ УЛСЫН ХУУЛЬ ХҮҮХЭД ХАМГААЛЛЫН ТУХАЙ)
Art. 25 of the Law on Child Protection stipulates that electronic service providers are responsible for refraining from disseminating prohibited content and are obliged to actively monitor, restrict, and block harmful material. In addition, internet service providers are required to implement technological measures to limit the distribution of harmful and prohibited content accessible to children online, in accordance with decisions issued by authorised organisations.
Coverage Electronic service providers and internet service providers
MONGOLIA
Since May 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law on Patents (Патентын тухай хууль)
Art. 15.3 of the Law on Patents stipulates that a foreign citizen, stateless person, or foreign legal entity that does not reside permanently in Mongolia or is not engaged in activities within the country must be represented by an intellectual property agent when submitting an application for a patent for an invention or utility model. Moreover, Pursuant to Art. 16.3, applications for patents of invention and utility models must be submitted in the Mongolian language.
Coverage Horizontal
MONGOLIA
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Reported practical limitations in patent enforcement
It is reported that patents are not enforced through civil courts and, as a result, the process for an infringement case may be excessively complex and costly for rights holders.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250224233557/https://delgerip.com/2022/12/20/mongolias-new-patent-law-and-practice/?utm
- https://web.archive.org/web/20250217160359/https://www.state.gov/reports/2024-investment-climate-statements/mongolia/
- https://web.archive.org/web/20250217160456/https://www.state.gov/reports/2022-investment-climate-statements/mongolia
- Show more...
MONGOLIA
Since May 1991
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mongolia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
MONGOLIA
Since May 2021
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law of Mongolia on Copyrights (МОНГОЛ УЛСЫН ХУУЛЬ ЗОХИОГЧИЙН ЭРХИЙН ТУХАЙ)
The Law on Copyright establishes a clear fair use regime. Art. 38 outlines specific circumstances under which the use of copyrighted works—without interfering with their normal exploitation and without prejudicing the rights and legitimate interests of right holders—shall not be considered copyright infringement. Arts. 39 to 46 further detail the conditions under which partial use of works is permitted, including for purposes such as news reporting, academic research, and teaching.
Coverage Horizontal
MONGOLIA
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Reported prevalence of software piracy
Reports indicate that the widespread use of pirated software is prevalent among Mongolian government ministries, individual consumers, and businesses.
Coverage Horizontal
MONGOLIA
Since October 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Mongolia has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was signed on 20 December 1996, ratified on 25 July 2002 and came into effect on 25 October 2002.
Coverage Horizontal
MONGOLIA
Since October 2002
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Mongolia has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was signed on 20 December 1996, ratified on 25 July 2002 and came into effect on 25 October 2002.
Coverage Horizontal
MONGOLIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Mongolia does not possess a comprehensive legal framework for the effective protection of trade secrets. Nevertheless, certain limited provisions address specific aspects of trade secret protection, including those found in the Law of Mongolia on Organisation Secrets. Similar measures are also present in the Law of Mongolia on Competition, which includes regulations concerning unfair competition, such as the misappropriation of trade secrets.
Coverage Horizontal
