Morocco is a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996, but is not a signatory of its 2015 expansion (ITA II).

Under the Domain Registration Policy, the ".com.KW" domain name selected must match a part of the registered company name or, alternatively, a registered trademark. The trademark can be from any country and does not need to be valid for Kuwait. As is the case with other third-level domains (domain registrations are at the third level beneath these names: "com.KW", "net.KW", "org.KW"), a local administrative contact is required. If a company holds a matching trademark from anywhere in the world or orders one through a fast-track trademark service, only a local administrative contact is required.

The Law on Consumer Protection, together with its Executive Regulations, establishes a comprehensive framework for safeguarding consumer rights, which extends to online transactions. Although the Law on Consumer Protection does not contain a dedicated chapter addressing the entirety of e-commerce, several provisions within the Executive Regulations specifically pertain to this domain. Art. 1.10 of the Executive Regulations stipulates that advertising and selling products via the Internet fall under the scope of Art. 9 of the Law. In adition, Art. 32 authorises businesses operating online to offer promotions, apply discounts, and align their online pricing with that of Western and global digital platforms, subject to prior approval. Regarding the sanctioning regime, Arts. 27 to 32 of the Law on Consumer Protection are likewise applicable to e-commerce activities.

Kuwait has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Kuwait has promulgated national legislation informed by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce, namely Law No. 20 of 2014 on Electronic Transactions.

Kuwait has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

Under the Regulation on the Approval of Communication Device Types, Kuwait’s conformity assessment framework aligns with the European documentation model. Pursuant to Art. 4, telecommunications equipment may be imported and placed on the Kuwaiti market provided that it satisfies the prescribed technical requirements: it must not generate electromagnetic disturbances exceeding the specified threshold, nor emit electromagnetic energy at levels that cause electromagnetic interference (EMI) in adjacent devices. In addition, Art. 6 stipulates that compliance with European Union legislation, accompanied by the requisite conformity documentation and the CE marking, may suffice for the type approval process in Kuwait. Also, Art. 8 requires applicants to submit a Declaration of Conformity (DoC), confirming that the equipment meets the relevant technical standards. Nevertheless, the Authority retains the discretionary power to request samples of telecommunications equipment for testing and examination at any stage.

It is reported that all enterprises, irrespective of their scale, from large corporations to home-based start-ups, must possess either a valid online store licence or a registered commercial licence before engaging in online sales. In addition, partners, including payment gateway providers, are legally prohibited from providing services to businesses that do not hold such licences.

According to Resolution No. 45/471 of 2023, which promulgates the Instructions Regulating the Electronic Payment of Funds, E-Payment Service Providers (EPSPs) must register and obtain approval from the Commercial Bank of Kuwait (CBK) before commencing operations. The registry includes various minimum capital requirements based on the EPSP classification, which range from KWD 50,000 (approx. USD 162,000) to KWD 250,000 (approx. USD 810,000). These requirements were already mandated under the Resolution No. 44/430 of 2018 of the Central Bank of Kuwait, which has now been repealed by this new resolution.

It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is KWD 100 (approx. USD 320).

Pursuant to Art. 6 of the Data Privacy Protection Regulation, telecommunications service providers are required to furnish the Communications and Telecommunications Regulatory Authority (CITRA) with the contact details of their designated data protection officer when notifying data breaches. Nevertheless, the Regulation does not expressly stipulate the procedures or obligations pertaining to the appointment of data protection officers as such.

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

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

It is reported that Kuwait’s SIM registration policy requires mobile network operators to collect and retain users’ personal data together with verifiable proof of identity.

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.”