Section 24 of the Personal Data Protection Order provides that an organisation may not transfer personal data to any country outside Brunei unless the transfer is carried out in accordance with prescribed requirements intended to ensure that the data receives a standard of protection comparable to that afforded under the Order. The Authority may, upon application by an organisation, issue a written notice granting an exemption from any such requirement, and may impose conditions on the exemption as it considers appropriate. Any exemption or condition may be added to, varied, or revoked by the Authority at any time.
Under Notification of Commencement No. S 11, Section 24 is scheduled to enter into force on 1 January 2026.

Brunei has joined an agreement with binding commitments to open data transfers across borders: the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP, Art. 14.11).

The Personal Data Protection Order establishes a comprehensive framework for the protection of personal data in Brunei. The Order designates the Authority for Info‑Communications Technology Industry of Brunei Darussalam (AITI) as the supervisory body responsible for the enforcement and administration of all data protection laws and regulations. Notifications of Commencement No. S 10 and No. S 11 specify the dates on which the different parts of the Order are scheduled to take effect, with the legislation set to come fully into force on 1 January 2026.

Pursuant to Art. 7(c) of the Personal Data Protection Order, 2025, organisations must designate one or more individuals to take responsibility for ensuring compliance with the Order. Although the Order was published in January 2025, it provides for phased commencement through Gazette notifications. Accordingly, Part 3, including Art. 7, entered into force on 1 January 2026, rather than on the publication date.

Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

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

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.

Brunei is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

The Government Procurement Guideline provides the procedural framework governing the conduct and implementation of public procurement and tendering, as set out in Part 4 of the Financial Regulations. In this regard, procurement activities must comply not only with the Financial Regulations but also with any supplementary guidelines issued by the Ministry of Finance and Economy.
Within this framework, Section 7.1.13 of the Guideline establishes that the Head of Department and the Small Tender Board may incorporate the percentage of local employees as a criterion within the bid evaluation scoring matrix. The relevant benchmark percentages to be applied for this purpose are specified in Appendix 5 of the Guideline.

The Local Business Development (LBD) Policy Framework establishes a regulatory mandate requiring the incorporation of local content requirements into public procurement and contracting in the ICT sector, with the objective of ensuring that domestic suppliers are afforded fair and reasonable opportunities to participate in government projects.
The framework applies to all ICT companies engaged in government ICT projects, as well as to project owners and project managers within ministries and public agencies responsible for implementing e-government and ICT initiatives, who must ensure compliance with its provisions.
Substantively, the framework imposes differentiated local workforce participation thresholds based on the type, complexity, and value of the project. These include up to 100% local workforce participation for certain low-value “Basic” projects, 90% for higher-value “Basic” projects, 80% for “High Volume” projects, 70% for “Specialised” projects, and 50% for “Highly Specialised” projects.
In addition, the framework requires that LBD obligations be expressly incorporated into tender documentation and contractual arrangements. These obligations encompass, inter alia, requirements relating to the recruitment and training of local employees, local content expenditure and participation, and the reporting and monitoring of compliance. Compliance is subject to ongoing reporting requirements, including submission through designated government systems, and non-compliance may result in sanctions affecting future participation in public ICT tenders, including potential exclusion.

It is reported that state-owned enterprises (SOEs) in Brunei, administered by Darussalam Assets under the Ministry of Finance and Economy, occupy a dominant position in key sectors of the economy, including telecommunications. These entities are reported to benefit from preferential treatment in government procurement processes, particularly in public tenders.

It is reported that, in Brunei Darussalam, tender awards exceeding BND 250,000 (approx. USD 180,000–200,000) require final approval by the Minister of Finance and Economy, based on the State Tender Board’s recommendation, a role held by the Sultan.

Brunei is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA) nor does it have observer status.