Sub-Decree No. 111 ANK/BK stipulates that Cambodia permits full foreign ownership in the telecommunication sector. However, Art. 3 of Law on Public Enterprise states that the Cambodian government must directly or indirectly hold more than 51% of the capital or the right to vote in state-owned enterprises. Given that Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned, some restrictions apply in this sector.

Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned.

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

The Law on Telecommunications sets the Telecommunication Regulator of Cambodia (TRC) to have autonomy in administrative and regulatory matters for the telecommunications sector, while the Ministry of Posts and Telecommunications (MPTC) is responsible for networks and infrastructure supporting the telecommunications sector. It is reported that the TRC and the MPTC enjoy vast discretionary powers over granting licenses and setting the terms and conditions, which vary on a case-by-case basis. Art. 17 of the Law on Telecommunications regulates unified (multi-service) licenses. A license is required for the provision of: mobile telecommunications services, fixed-line telecommunications services, VOIP services, Internet service provider (ISP), telecommunications-type approval form, national numbering plan, access code, public switched telephone network (PSTN), and Internet cafés.
Some customary licensing terms and steps include: (i) license terms of between 10 to 30 years onward (with some renewability); (ii) license fees based on a combination of a percentage of gross revenue (the percentage usually increases throughout the license) plus a percentage of dividend sharing; and (iii) there may be inter-connection fees, an annual frequency charge fee, microwave license fees, etc., applicable on a case-by-case basis. The percentage of revenue and dividends to be shared increases incrementally and reaches around 10% over ten years. It is reported that the exact percentages of revenue and dividends to be shared by operators with the TRC/MPTC vary on a case-by-case basis and are determined by the terms and conditions negotiated between the TRC/MPTC and the operator. Moreover, it is reported that older licensees sometimes have to pay a higher revenue share. Licensees with some fixed-network capability or carrying international traffic may also be required to share up to 50% of their gross revenue with the MPTC or TRC.

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

Cambodia's telecommunications sector is overseen by the Telecommunication Regulator of Cambodia (TRC). However, reports indicate that the decision-making process of this entity is not entirely independent of the government. The Law on Telecommunications is said to significantly compromise the TRC’s autonomy by granting the Ministry of Posts and Telecommunications (MPTC) overarching authority over the regulator, in a relationship that lacks transparency. Concerns regarding the TRC’s lack of independence were exemplified by the blocking of several news websites in the lead-up to the July 2023 election. Similarly, in 2017, the TRC complied with an MPTC directive to restrict access to the Cambodia Daily and other news platforms ahead of the general election in July 2018.

According to Art. 26.1 of the E-Commerce Law, e-commerce service providers and intermediaries must obtain e-commerce permits or licenses from the Ministry of Commerce (MOC) in addition to the general business registration. According to Art 26.2, the licensing regime has two categories: (1) an e-commerce permit (for individual persons and sole proprietorships) and (2) an e-commerce license (for legal persons and branches of foreign companies). In August 2020, Cambodia issued Sub-Decree No. 134, an implementing regulation of the E-Commerce Law, clarifying that a license is required for legal persons and branches of foreign companies carrying out the following activities: e-commerce web services, e-commerce platform services, online market services, online auction website services, and other similar services provided through software or smart devices for the promotion of e-commerce (Art. 5.1). In addition, pursuant to Art. 5.2 of the Sub-Decree, an E-Commerce permit is required for natural persons and sole proprietors that operate a business via electronic system in Cambodia (including those who conduct business via social media and electronic systems to supply or sell/purchase goods and services).
According to Arts. 6 and 7 of Sub-Decree No. 134, for issuance of an e-commerce license or permit, business and tax registration is required. Art. 29 of the e-Commerce Law also requires the provision of the name, registered address, and contact number/email address of the business entity in Cambodia. Moreover, Art. 7 of the Sub-Decree also states that, in cases where the intermediary is a legal entity or foreign branch, it must enter into a contract with the service providers regarding the requirement to provide minimum information.
The E-Commerce Law broadly defines e-commerce service providers and intermediaries (Annex). An e-commerce service provider is defined as a "person who uses electronic means to supply goods and/or services except for insurance establishments". On the other hand, intermediary "refers to a person who provides the services of sending, receiving, transmitting or storing services of the electronic communication, either on a temporary or permanent basis, or provides other services relating to the electronic communication, including the following persons: a person representing the sender, receiver, transmitter, or the custodian; telecommunication service providers; network service providers; internet service providers; search engines providers; online payment service providers; online auction service providers; online marketplaces service providers and internet commerce service provider".

Art. 6 of Sub-Decree No. 287 stipulates that ministries and governmental institutions intending to utilise the national domain name designated for such entities must store their data within the Kingdom of Cambodia. The Ministry of Post and Telecommunications is responsible for hosting and storing the data of all ministries and governmental institutions using national domain names, either in the national data centre or in a government-operated data centre.

Art. 116 of the Law on the Patents, Utility Model Certificates and Industrial Designs states that where an applicant’s ordinary residence or principal place of business is outside the Kingdom of Cambodia, the applicant shall be represented by an agent residing and practising in the Kingdom of Cambodia and fulfilling the prescribed requirements. In addition, it is reported that Cambodia’s patent authority lacks sufficient funding and expertise to examine patent applications.

Art. 51 of the Law on Customs stipulates that all individuals or entities engaged in the import or export of goods must maintain accurate documentation, including books, records, and other information, in both digital and traditional formats. These records must be retained for a minimum of ten years at the premises of the business in Cambodia. This obligation extends to importers, exporters, customs brokers, operators of customs temporary storage facilities and customs bonded warehouses, transportation operators, and other relevant parties.

Art. 43 of the Law on the Patents, Utility Model Certificates and Industrial Designs establishes that the patent owner can institute court proceedings against any infringer, or anyone who performs acts which make infringement likely to occur. Upon request of the patent owner, or by a licensee in certain circumstances, a court may grant an injunction to prevent infringement or imminent infringement, award damages, or any other remedy provided for by law (Art. 126). However, Art. 47 states that the Cambodian Government has the right to exploit a patented invention itself, or allow third parties to do so, for the purpose of promoting ‘public interests’ including national defence, nutrition, health and development.

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

Cambodia is a party to the Patent Cooperation Treaty (PCT).

There is no comprehensive data protection regime in Cambodia, although there are some general provisions on privacy in the 2010 Constitution of the Kingdom of Cambodia (Art. 40), the 2007 Civil Code (Art. 10), the 2009 Penal Code (Arts. 301, 302, 314, 318 and 427) and the Telecommunications Law (Art. 56). Also, the Law on Electronic Commerce provides for some measures to protect consumer data collected in electronic communication. Art. 32 of the law prohibits the interference, access, retrieval, copying, extraction, filtering, deletion, or modification of data in the custody of another person without permission or in a malicious manner. Moreover, Sub-Decree No. 252 on the Management, Use, and Protection of Personally Identifiable Data applies to personally identifiable data belonging to the Ministry of Interior (MOI).

Cambodia has a copyright regime under the Law on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section 4 lists the exceptions, which include: free and private representations made exclusively to a close circle of people such as family or friends; the purposes of education, which is not for financial gain; translation of works from the Khmer language into the languages of the ethnic minorities or vice versa; among others (Arts. 23-29).