BRUNEI
Since April 2006
Since December 2013
Since December 2013
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Telecommunications Order, 2001 (S 38/2001)
Telecommunications (Radio-Communication) Regulations, 2013 (S 86/2013)
Telecommunications (Radio-Communication) Regulations, 2013 (S 86/2013)
Any establishment/vendor/individuals who wishes to import telecommunications/ radio communications/ satellite equipment (controlled goods) to Brunei Darussalam for resale must obtain:
- Dealer License; Dealer License Application must be made through the Authority for Info-communications Technology Industry of Brunei (AITI) Online Services using a registered company account
- Dealer Type approval of telecommunication, radiocommunication and satellite equipment; a certificate issued by AITI to make sure that any telecommunications and radio-communications equipment meets the national safety standards and technical requirement in Brunei Darussalam;
- Dealer Import permits: this permit is issued to Dealer Licence holders (application only made using a registered company account) who have also obtained Dealer Type Approval of the equipment.
Personal Import Permit along with Personal Type Approval certificate is to be obtained for individual importation (own use) of equipment.
- Dealer License; Dealer License Application must be made through the Authority for Info-communications Technology Industry of Brunei (AITI) Online Services using a registered company account
- Dealer Type approval of telecommunication, radiocommunication and satellite equipment; a certificate issued by AITI to make sure that any telecommunications and radio-communications equipment meets the national safety standards and technical requirement in Brunei Darussalam;
- Dealer Import permits: this permit is issued to Dealer Licence holders (application only made using a registered company account) who have also obtained Dealer Type Approval of the equipment.
Personal Import Permit along with Personal Type Approval certificate is to be obtained for individual importation (own use) of equipment.
Coverage Telecommunications and radiocommunications equipment
Sources
- https://www.aiti.gov.bn/SitePages/Dealer-Import-Permit.aspx
- https://www.aiti.gov.bn/SitePages/Dealer-License.aspx
- https://www.aiti.gov.bn/SitePages/Dealer-Type-Approval.aspx
- http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2013/EN/s086.pdf
- http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2001/EN/S038a.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s309_e.pdf
- https://www.aseanbriefing.com/news/import-and-export-procedures-in-brunei-best-practices/
- Show more...
BRUNEI
Since March 19997; Revised in 2000
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Broadcasting Act [2000 Ed.] (CAP.180; B.L.R.O. 1/2000)
Section 23 of the Broadcasting Act requires that a person shall not import, offer for sale, sell or have in his possession with a view to sale, any broadcasting equipment except under and in accordance with a licence.
Coverage Broadcasting equipments
BRUNEI
Since February 2001
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Broadcasting (Class Licence) Notification, 2001
(S 13/2001)
(S 13/2001)
According to Section 3 of the Broadcasting Act, computer online services that are provided by Internet Content Providers and Internet Service Providers are subject to a class license.
Coverage Internet Service Providers (ISPs), Internet Content Providers (ICPs)
BRUNEI
Since February 2001
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Cap 180 Broadcasting Act Internet Code of Practice Notification (S 12/2001)
The Internet Code of Practice requires sites with religious or political content or sites that discuss issues of this nature to register with the Broadcasting Authority. Failure to register is punishable by up to three years of imprisonment and a fine of up to USD 200,000. According to the Internet Code of Practice bloggers are providers of a 'programme' and fall under the same class licensing scheme, and are therefore required to ensure that their websites conform with the code of practice.
Coverage Internet Content Providers (ICPs)
BRUNEI
Since February 2001
Since February 2001
Since August 1962, revised in 2002
Since December 1986, revised in 2010
Since April 1948, revised in 2010
Since February 2001
Since August 1962, revised in 2002
Since December 1986, revised in 2010
Since April 1948, revised in 2010
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Cap 180 Broadcasting Act Internet Code of Practice Notification (S 12/2001)
Broadcasting (Class Licence) Notification, 2000 (S 13/2001)
Censorship of Films and Public Entertainments Act [2002 Ed.] (CAP. 69, B.L.R.O. 6/2002)
Undesirable Publications Act [2010 Ed.] (CAP. 25, B.L.R.O. 4/2010)
Sedition Act (CAP. 24, B.L.R.O. 2/2010)
Broadcasting (Class Licence) Notification, 2000 (S 13/2001)
Censorship of Films and Public Entertainments Act [2002 Ed.] (CAP. 69, B.L.R.O. 6/2002)
Undesirable Publications Act [2010 Ed.] (CAP. 25, B.L.R.O. 4/2010)
Sedition Act (CAP. 24, B.L.R.O. 2/2010)
It is reported that various laws can be used to restrict the access of online content. These include the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952 and the Sedition Act 1983. Moreover when a material is contrary to the Code of Practice, the Broadcasting Authority can require intermediaries to remove it or prohibit its broadcasting. As a results, the reports state that government restricts access to the internet and censors online content.
Coverage Internet intermediaries
Sources
- https://www.aiti.gov.bn/LegalReference/Cap180%20Broadcasting%20Act%20Internet%20COP%20Notification.pdf
- http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2010/EN/S013.pdf
- https://www.aiti.gov.bn/LegalReference/Cap180%20Broadcasting%20Act.pdf
- https://unctad.org/system/files/official-document/dtlstict2013d1_en.pdf
- https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/brunei/
- https://www.aiti.gov.bn/SitePages/Content-Regulation.aspx
- Show more...
BRUNEI
Since February 2006
Pillar Intermediary liability |
Sub-pillar User identity requirement
Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards
According to the Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards, all mobile prepaid SIM card owner/holders are mandated to register or re-register with their respective mobile service provider. Verification requirements include identity cards for Brunei citizens, identity card, passport and employment pass for foreign workers, and passport for tourists.
Coverage Telecommunications sector
BRUNEI
Since February 2001
Since February 2001
Since February 2001
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Cap 180 Broadcasting Act Internet Code of Practice Notification (S 12/2001)
Broadcasting (Class Licence) Notification, 2000 (S 13/2001)
Broadcasting (Class Licence) Notification, 2000 (S 13/2001)
The Code of Practice requires all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 to use their best efforts to ensure that nothing is made available on the Internet which is against the public interest or national harmony, for e.g., content which incites disaffection against the Sultan or the Government, or which offends good taste or decency. When a material is contrary to the Code of Practice, the Broadcasting Authority can require ISPs and ICPs to remove it or prohibit its broadcasting. In addition, it is reported that the government restricts access to the internet, censors online content, and has the capability to monitor private online communications. The government monitors private email and internet chat-room exchanges believed to be propagating religious extremism or otherwise subversive views, including those of religious minorities, or material on topics deemed immoral.
Coverage Internet intermediaries
Sources
- https://www.aiti.gov.bn/LegalReference/Cap180%20Broadcasting%20Act%20Internet%20COP%20Notification.pdf
- http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2010/EN/S013.pdf
- https://unctad.org/system/files/official-document/dtlstict2013d1_en.pdf
- https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/brunei/
- https://www.aiti.gov.bn/SitePages/Content-Regulation.aspx
- https://www.aiti.gov.bn/LegalReference/Cap180%20Broadcasting%20Act.pdf
- Show more...
BRUNEI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and it will be required to implement the relevant provisions on intermediary liability.
Coverage Internet intermediaries
BRUNEI
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
A basic legal framework on intermediary liability beyond copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and it will be required to implement the relevant provisions on intermediary liability.
Coverage Internet intermediaries
BRUNEI
N/A
Pillar Domestic data policies |
Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
The country does not have a comprehensive regime in place for all personal data, but it has sectoral regulation. The Electronic Transactions Act (Section 48) and Banking Order (Section 58 and third schedule) along with Islamic Banking Order (Section 58 and third schedule) provide for user information confidentiality under financial and banking sectors respectively. These legislations criminalise the disclosure of user information. The third schedule of the Banking Order and Islamic Banking Order provides for the conditions under which data can be disclosed by the banks. However, the Data Protection Policy applies to Agencies (government Ministries and Departments, including educational institutions and statutory bodies) and protects any data which is processed or controlled by them, regardless of whether the data is processed within or outside Brunei Darussalam (Clause 4.5).
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/brunei-darussalam
- https://www.dlapiperdataprotection.com/index.html?t=law&c=BN
- http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp196.pdf
- http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2006/EN/S045.pdf
- http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2008/EN/S096.pdf
- http://www.information.gov.bn/PublishingImages/SitePages/New%20Media%20and%20IT%20Unit/Data%20Protection%20Policy%20V.2.2.pdf
- Show more...
BRUNEI
Since March 2018
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Brunei has joined an agreement with binding commitments to open transfers of data across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art.14.11).
Coverage Horizontal
BRUNEI
Since September 2014, last updated in August 2015
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Data Protection Policy, 2014
The Data Protection Policy (DPP) 2014 applies only to public agencies, including government Ministries and Departments, educational institutions and statutory bodies. The Law (Section 18) provides that the agencies are only permitted to transfer personal data to a party outside of Brunei if:
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract, which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient inconsistent to the DPP.
This policy applies to all data including personal data already in existence whether or not by electronic means (Section 4.4).
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract, which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient inconsistent to the DPP.
This policy applies to all data including personal data already in existence whether or not by electronic means (Section 4.4).
Coverage Public sector
BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of independent telecom authority
Brunei has a telecommunications authority: The Authority for Info-communications Technology Industry (AiTi). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector
BRUNEI
Since March 2006
Since April 2006
Since April 2006
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
Telecommunications Order, 2001 (S 38/2001)
Telecommunications Order, 2001 (S 38/2001)
According to Art. 3 of the Licensing and Regulatory Framework, a provider of telecommunication services is required to obtain a license from the Authority for Info-communications Technology Industry (AITI), which can be provided only to a corporate entity incorporated in Brunei Darussalam. In addition, pursuant to Art. 4 of the law, any deployment of telecommunication infrastructure or system, network, facilities, and equipment (other than Customer Premise Equipment or 'CPE') inside and outside of its own premises to enable telecommunication services to be offered to third-party customers or end users (i.e. public, businesses, etc.) requires the Telecommunication Industry (InTi) Licence.
Further, pursuant the Art. 5, any leases of telecommunication facilities from an InTi Licensee for the provision of telecommunication services or reselling the services of the InTi Licensee to third-party customers or end-users (i.e. public, businesses, etc.) requires the Service Provider for The Telecommunication Industry (SeTi) Licence. According to Art. 5.5, SeTI reserves the right to invite applicants.
Section 5 of the Telecommunications Order, read with Section 5.2 of the Licensing and Regulatory Framework, provides for the requirement of a license issued by the AITI to provide Internet Access Service, Private Network Service and use Internet access system, leased circuits or VPN for the same.
Further, pursuant the Art. 5, any leases of telecommunication facilities from an InTi Licensee for the provision of telecommunication services or reselling the services of the InTi Licensee to third-party customers or end-users (i.e. public, businesses, etc.) requires the Service Provider for The Telecommunication Industry (SeTi) Licence. According to Art. 5.5, SeTI reserves the right to invite applicants.
Section 5 of the Telecommunications Order, read with Section 5.2 of the Licensing and Regulatory Framework, provides for the requirement of a license issued by the AITI to provide Internet Access Service, Private Network Service and use Internet access system, leased circuits or VPN for the same.
Coverage Telecommunications sector
BRUNEI
Since April 1994
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Brunei has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector