KUWAIT
Reported in 2024
Pillar Content access |
Indicator Restrictions on online advertising
Reported limitations on online advertising
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.
Coverage Online platforms
KUWAIT
Since February 2016
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law No. 8 of 2016 regarding the regulation of electronic media
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.
Coverage Web-based publications including electronic news services, bulletins, websites of newspapers and televisions and the likes as well as social media
Sources
- https://web.archive.org/web/20220901035248/https://www.kuwaittimes.com/law-no-8-of-2016-regarding-the-regulation-of-electronic-media//
- https://web.archive.org/web/20200109120619/https://www.kuna.net.kw/ArticleDetails.aspx?id=2513694&language=en
- https://web.archive.org/web/20241211134159/https://www.lexology.com/library/detail.aspx?g=8e1777b8-043f-4793-ab2d-2ef3c2e361d7
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KUWAIT
Since September 2021
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Cloud Computing Regulatory Framework
الإطار التنظيمي للحوسبة السحابية
الإطار التنظيمي للحوسبة السحابية
Chapter 2 of the Cloud Computing Regulatory Framework delineates the licensing regime applicable to providers of cloud computing services.
Coverage Cloud computing service providers
KUWAIT
Since November 1964
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Import Law No. 43 of 1964
Art. 1 of Law No. 43, which requires a licence for the importation of all goods, states that the right to import goods, materials and equipment is limited to Kuwaiti citizens; Kuwaiti partnerships if all partners are Kuwaiti citizens; joint stock and limited liability companies if Kuwaitis hold 51% or more of the total capital.
Coverage Horizontal
KUWAIT
Reported in 2025
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Reported requirement for export licensing
It is reported that the conditions for obtaining an import–export licence in Kuwait are as follows: the applicant must be a Kuwaiti national; where non-Kuwaiti partners are involved, Kuwaiti ownership must constitute at least 51%; the company must hold a valid commercial licence authorising import–export activities; and it must be registered with the Kuwait Chamber of Commerce and Industry to enable the clearance of goods through Kuwaiti ports.
Coverage Importers and exporters
KUWAIT
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Kuwait does not have a comprehensive legal framework governing all personal data; instead, it relies on sectoral regulation. Law No. 20 of 2014 on Electronic Transactions contains provisions related to data privacy and the protection of electronic records, documents, and information associated with civil, commercial, or administrative transactions conducted wholly or partially through electronic means, and applies to private companies, government authorities, public institutions, non-governmental organisations, and their employees. Additionally, Law No. 63 of 2015 on Combating Cyber Crimes imposes severe penalties for the unlawful tampering with or acquisition of personal or governmental data. In addition, Administrative Decision No. 26 of 2024, issued by the Communications and Telecommunications Regulatory Authority (CITRA), establishes obligations concerning data protection for telecommunications service providers and related industry sectors that collect, process, or store personal data, in whole or in part.
Coverage Horizontal
KUWAIT
Since October 2013
Pillar Domestic data policies |
Indicator Minimum period for data retention
Anti-Money Laundering/Combating the Financing of Terrorism Law 106 of 2013
قانون رقم 85 لسنة 2013 بالموافقة على انضمام دولة الكويت إلى االتفاقية الدولية لقمع تمويل اإلرهاب
قانون رقم 85 لسنة 2013 بالموافقة على انضمام دولة الكويت إلى االتفاقية الدولية لقمع تمويل اإلرهاب
Banks and other financial institutions are required by the Anti-Money Laundering/Combating the Financing of Terrorism Law 106 of 2013 to retain a copy of transaction data for five years.
Coverage Banking and financial services
KUWAIT
Since February 2024
Pillar Domestic data policies |
Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Kuwait Administrative Decision No. 26 of 2024 Concerning the Issuance of the Data Privacy Protection Regulation
قرار 26 بشأن إصدار لائحة حماية خصوصية البيانات
قرار 26 بشأن إصدار لائحة حماية خصوصية البيانات
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.
Coverage Telecommunications sector
KUWAIT
N/A
Pillar Intermediary liability |
Indicator 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 Kuwait's law and jurisprudence.
Coverage Internet intermediaries
KUWAIT
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Kuwait lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
KUWAIT
Reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is a regulatory obligation in Kuwait for the sharing of passive infrastructure to enable the provision of telecommunications services to end-users, and that this is not only mandated but also actively practised in both the mobile and fixed sectors.
Coverage Telecommunications sector
KUWAIT
Since October 1980, entry into force in February 1981
Since June 2013
Since February 2016, as amended in April 2017
Since June 2013
Since February 2016, as amended in April 2017
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Commercial Law No. 68 of 1980
مرسوم بالقانون رقم 68 لسنة 1980 بإصدار قانون التجارة
Law No. 116 of 2013 Regarding the Promotion of Direct Investment in the State of Kuwait
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت
Council of Ministers Law No. 15 of 2017 amending provisions of Law No. 1 of 2016 on the Promulgation of the Companies Law (قانون رقم (15) لسنة 2017 بتعديل بعض أحكام القانون رقم (1) لسنة 2016 بإصدار قانون الشركات
مرسوم بالقانون رقم 68 لسنة 1980 بإصدار قانون التجارة
Law No. 116 of 2013 Regarding the Promotion of Direct Investment in the State of Kuwait
قانون رقم 116 لسنة 2013 في شأن تشجيع الاستثمار المباشر في دولة الكويت
Council of Ministers Law No. 15 of 2017 amending provisions of Law No. 1 of 2016 on the Promulgation of the Companies Law (قانون رقم (15) لسنة 2017 بتعديل بعض أحكام القانون رقم (1) لسنة 2016 بإصدار قانون الشركات
Arts. 23 and 24 of Law No. 68 require foreign entities conducting business in Kuwait to do so either through a local agent or a Kuwaiti partner, which is typically facilitated through the establishment of a Kuwaiti company with Kuwaiti participants owning at least 51% of the share capital. An exception to these restrictions on foreign ownership is when the relevant Kuwaiti company is established and licensed under Law No. 116 (Art. 12), which allows for increased levels of foreign ownership up to 100%. Law No. 116 permits the Kuwait Direct Investment Promotion Authority (KDIPA) to authorise, on a case-by-case basis, up to 100% foreign ownership in the following industries: communications infrastructure; information technology and software development; entertainment, investment management, among others. Although a Kuwaiti or Gulf Cooperation Council (GCC) national must own at least 51% of any local company, this requirement may be waived if non-GCC investors qualify to invest through KDIPA. A 2017 amendment to the 2016 Companies Law eliminated prohibitive requirements on limited liability companies.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/text/196499
- https://web.archive.org/web/20220121032233/https://e.kdipa.gov.kw/main/law1162013.pdf
- https://web.archive.org/web/20240216193323/https://kdipa.gov.kw/wp-content/uploads/2023/09/KDIPA-lawbookarabic.pdf
- https://web.archive.org/web/20220707081109/https://kdipa.gov.kw/wp-content/uploads/2021/03/E012016.pdf
- https://web.archive.org/web/20230328070418/https://oxfordbusinessgroup.com/reports/kuwait/2022-report/legal-framework/doing-business-successful-implementation-of-the-foreign-direct-investment-law-serv...
- https://web.archive.org/web/20190220064829/https://www.lexology.com/library/detail.aspx?g=2a1ed309-b58e-4b0e-9766-da6ecb84aa65
- https://web.archive.org/web/20231202183536/https://www.state.gov/reports/2022-investment-climate-statements/kuwait/
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KUWAIT
Reported in 2022, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government holds a 21.4% equity stake in the telecommunications company Zain, through the Kuwait Investment Authority and the Public Institution for Social Security.
Coverage Telecommunications sector
KUWAIT
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Kuwait does not compel operators with significant market power (SMP) to adopt functional separation; however, compliance with accounting separation is mandatory.
Coverage Telecommunications sector
KUWAIT
Since May 2014
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law No. 37 of 2014 on the Establishment of Communication and Information Technology Regulatory Authority
قانون رقم 37 لسنة 2014 بإنشاء هيئة تنظيم الاتصالات وتقنية المعلومات
قانون رقم 37 لسنة 2014 بإنشاء هيئة تنظيم الاتصالات وتقنية المعلومات
Under Law No. 37 of 2014 on the Telecommunications and Information Technology Regulatory Commission, the Communication and Information Technology Regulatory Authority (CITRA) issues licenses to telecom service providers. Under Art. 59, the CITRA employees have the power to request and examine licenses, books, registers, documents, and all papers related to the telecommunication activity; Examine and inspect any telecommunication devices, telecommunication installations, or any other facilities associated with providing telecommunication service or establishing, operating or owning telecommunication network; Review any additional information or documents in any form they might be related to the provision of telecommunication services. It is reported that "although Kuwait’s telecommunications industry is technically open to private investment, in practice, the government maintains extensive ownership in the sector and controls licensing and infrastructure development. It is reported that Kuwait’s telecommunications law gives authorities sweeping power to revoke licenses and block content, with little judicial oversight."
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220319204215/https://citra.gov.kw/sites/en/LawofCITRA/Law%20No.%2037-%202014.pdf
- https://web.archive.org/web/20231108030000/https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://web.archive.org/web/20240615044454/https://kdipa.gov.kw/wp-content/uploads/2022/08/%D9%82%D8%A7%D9%86%D9%88%D9%86-37-%D9%84%D8%B3%D9%86%D9%87-2014-%D9%85%D8%B9-%D8%A7%D9%84%D8%AA%D8%B9%D8%AF%D...
- https://web.archive.org/web/20251210212622/https://ustr.gov/sites/default/files/2024%20NTE%20Report.pdf
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