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.”

Art. 4.4 of Law No. 63 of 2015 on Anti-Information Technology Crime prescribes imprisonment and a fine for anyone who establishes a website, publishes, produces, prepares, creates, sends, or stores information or data intended to be used, distributed, or displayed via the Internet or an information technology device in a manner that harms public morality, or who manages a location for such purposes. This requirement in practice can act as a monitoring requirement.

Reports indicate that Kuwait has enacted several legislative measures pertaining to the restriction or censorship of online content. Notable examples include:
- The Law No. 3/2006, which contains provisions authorising the blocking of content deemed to contravene public order, morality, or national security. Under this law, the government is empowered to restrict access to websites or other media that violate these stipulations.
- The Law No. 63 of 2015, which criminalises a broad spectrum of online activities. This legislation grants the authorities the power to block websites or digital content that infringe upon its provisions.
- The Law No. 37 of 2014, which governs the telecommunications sector in Kuwait and incorporates provisions enabling the interception or blocking of communications that breach public order, morality, or national security. This law similarly authorises the government to restrict access to websites or other online material that contravenes these requirements.
In addition, it is reported that the Communication and Information Technology Regulatory Authority (CITRA) receives requests to block online content considered contrary to the public interest, including material that violates public morals, Islamic teachings, or public order. Upon receipt of such requests, CITRA undertakes the necessary measures to restrict access to prohibited content.
Evidence suggests that the Ministry of Communications has instructed internet service providers to restrict access to sites that contravene national customs and traditions. Additionally, government filtering practices primarily target content related to LGBT issues. CITRA has reported that blocked websites include material deemed offensive to the state or detrimental to public morals. According to CITRA, such actions are typically undertaken at the request of the Public Prosecution Office or Kuwaiti State Security (KSS). In 2025, CITRA announced that Kuwait had formally prohibited access to the online gaming platform Roblox.

It is reported that online platforms in Kuwait are required to comply with advertising regulations administered by authorities such as the Kuwait Municipality, the Communication and Information Technology Regulatory Authority (CITRA), the Ministry of Commerce, and the Ministry of Information. These regulations are designed to ensure that advertising practices uphold ethical standards and conform to cultural norms. In addition, all advertisements must be in Arabic and must not contain any material considered offensive.

Law No. 8 of 2016 regulates all web-based publications, including electronic news services, bulletins, newspapers and television websites, and the like, as well as social media. Under the legislation, all these services must obtain a license from the government before they can operate. Those in existence had one year to comply with the law. According to Art. 1 of the law, electronic media is defined as any 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 through the international information net (the internet) or any other communications net.

Chapter 2 of the Cloud Computing Regulatory Framework delineates the licensing regime applicable to providers of cloud computing services.

It is reported that the Communication and Information Technology Regulatory Authority (CITRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Pursuant to Arts. 3.2.1.2.2 and 4.2.1.1 of the Cloud Computing Regulatory Framework, private and public entities in Kuwait utilising cloud service providers are required to refrain from storing or hosting Tier 3 or Tier 4 personal data, as defined under the Data Classification Policy, on data centres or cloud computing environments situated outside Kuwait, whether on a temporary or permanent basis. The use of hybrid cloud infrastructure within Kuwait is permitted for Tier 3 data.
The Data Classification Policy defined Tier 3 and Tier 4 data as follows:
- Tier 3 – Private sensitive data: data held by public and private sector organisations, which may include non-sensitive private information capable of identifying individuals and potentially compromising personal privacy if disclosed without authorisation. Examples include: minutes of meetings and business plans; internal project reports; litigation files and court orders and judgments; legal notes and opinions; medical records; DNA information; and criminal fingerprint data.
- Tier 4 – Highly sensitive data: data of an extremely sensitive nature, the unauthorised disclosure of which may cause significant harm to individual privacy. This includes data owned by governmental or private entities, or of national significance, and should be disclosed solely to authorised individuals. Examples include: encryption keys; political documents, international negotiations, or international relations data; and sensitive military or state security information.
This Policy was repealed in February 2024, and therefore there is currently a legal vacuum with regard to definitions of Tier 3 and Tier 4.

Pursuant to Art. 4 of the Data Privacy Protection Regulation, service providers are obligated to disclose the location of personal data storage, specifying whether such data is retained within or outside Kuwait. In addition, they are required to inform data subjects of any intention to transfer their personal data beyond Kuwait’s borders. This provision applies to both individuals and entities engaged in the provision of public telecommunications services, as well as those responsible for the management, establishment, or operation of telecommunications networks, or the provision of internet services for telecommunications purposes.

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

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

Kuwait has a copyright regime under the Copyright and Related Rights Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 31 lists the exceptions, which include citing paragraphs of that work in another work, provided that the citation is in line with current practice and is not essential and to the extent justified by the desired goal, and mentions the source and the name of the author, and this applies to press abstracts transferred from newspapers and periodicals; transfer of short excerpts from previously published works, drawings, photographs, designs or maps to textbooks prepared for the curricula and to history, literature and the arts, provided that such transfer shall be as necessary, provided that the source and the name of the author are mentioned; among others.