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.

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.

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).

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).

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).

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.

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.

Brunei has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

Unified National Networks (UNN) Sdn Bhd is a wholly government-owned enterprise.

It is reported that Brunei does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.

According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.

Brunei does not have a comprehensive framework in place that provides effective protection of trade secrets, but trade secrets may be protected under contracts and by an action in breach of confidence as the country follows the common law model.

In the exercise of the powers conferred by Section 26(1) of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code) which establishes infrastructure sharing obligations. It is reported that there is no obligation for passive infrastructure sharing in Brunei to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.

Brunei has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

It is reported that the rate of unlicensed software installation in the country was 64% in 2017 (above the 57% rate of the Asian Pacific countries), for an estimated commercial value of USD 18 million. Brunei’s intellectual property rights (IPR) protection and enforcement regime is still under development, but it is reported to be increasingly strong and effective. Brunei finalized and adopted the Copyright (Amendment) Order 2013 in December 2013. The amendment enhanced enforcement provisions for copyright infringement by increasing the penalties for IP offenses; adding new offenses; strengthening the enforcement powers of the Royal Brunei Police Force and the Ministry of Finance and Economy’s Customs and Excise Department; and allowing for sanctioned private prosecution. The amendments are designed to deter copyright infringements with fines of BND 10,000 (USD 7,400) to BND 20,000 (USD 14,800) per infringing copy, imprisonment for a term up to five years, or both. The new penalty is up to four times more severe than the previously existing penalty.