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

Brunei has a telecommunications authority: The Authority for Info-communications Technology Industry (AiTi). However, it is reported that the decision-making process of this entity is not fully independent from the government.

The Data Protection Policy (DPP) applies only to public agencies, including government Ministries and Departments, educational institutions and statutory bodies. The Law (Section 18) provides that the agencies are only permitted to transfer personal data to a party outside of Brunei if:
- There is a reasonable belief that the recipient is subject to a law, binding scheme or contract which upholds principles for fair data handling substantially similar to the DPP;
- The individual has provided consent;
- It is necessary for contract performance or pre-contractual obligations; and
- Reasonable steps have been taken to ensure the data will not be used, held or disclosed by the recipient inconsistent to the DPP.
This policy applies to all data, including personal data already in existence, whether or not by electronic means (Section 4.4).

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 country does not have a comprehensive regime in place for all personal data, but it has sectoral regulations. The Electronic Transactions Act (Section 48) and Banking Order (Section 58 and third schedule), along with the Islamic Banking Order (Section 58 and third schedule), provide for user information confidentiality under financial and banking sectors, respectively. These legislations criminalise the disclosure of user information. The third schedule of the Banking Order and Islamic Banking Order provides for the conditions under which the banks can disclose data. However, the Data Protection Policy applies to Agencies (government Ministries and Departments, including educational institutions and statutory bodies) and protects any data which is processed or controlled by them, regardless of whether the data is processed within or outside Brunei Darussalam (Clause 4.5).

A basic legal framework on intermediary liability for copyright infringement is absent in Brunei's law and jurisprudence. Although Section 10 of the Electronic Transactions Act protects the network service providers from liability concerning third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), and it will be required to implement the relevant provisions on intermediary liability.

A basic legal framework on intermediary liability beyond copyright infringement is absent in Brunei's law and jurisprudence. Despite Section 10 of the Electronic Transactions Act protects the network service providers from liability with respect to third-party material in the form of electronic records in certain circumstances, this exemption does not affect the obligation of such network service provider founded on a contract, under any licensing/regulatory regime, or under any written law or court order. Furthermore, Brunei is a member of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and it will be required to implement the relevant provisions on intermediary liability.

According to the Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards, all mobile prepaid SIM card owners/holders are mandated to register or re-register with their respective mobile service provider. Verification requirements include identity cards for Brunei citizens, identity cards, passports and employment passes for foreign workers, and passports for tourists.

The Code of Practice requires all Internet Service Providers (ISPs) and Internet Content Providers (ICPs) licensed under the Broadcasting (Class Licence) Notification 2001 to use their best efforts to ensure that nothing is made available on the Internet which is against the public interest or national harmony, for e.g., content which incites disaffection against the Sultan or the Government, or which offends good taste or decency. When a material is contrary to the Code of Practice, the Broadcasting Authority can require ISPs and ICPs to remove it or prohibit its broadcasting. In addition, it is reported that the government restricts access to the internet, censors online content, and has the capability to monitor private online communications. The government monitors private email and internet chat-room exchanges believed to be propagating religious extremism or otherwise subversive views, including those of religious minorities or material on topics deemed immoral.

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.

In the exercise of the powers conferred by Section 26.1 of the Telecommunications Order 2001, the Authority for Info-communications Technology Industry of Brunei Darussalam has issued the Code of Practice for Competition in the Telecommunications Sector (Competition Code), which establishes infrastructure sharing obligations (Section 7).

Reports indicate that Brunei's state-owned enterprises (SOEs), administered by Darussalam Assets under the Ministry of Finance and Economy, dominate critical sectors of the economy, including telecommunications. It is further reported that these enterprises receive preferential treatment when responding to government tenders.

The Government Procurement Guideline aims to explain the procedure and implementation process of government procurement and tenders as stipulated in Part 4 of the Financial Regulations. Government procurement must comply with the Financial Regulations and any guidelines issued by the Ministry of Finance and Economy. Guideline 7.1.13 provides that the Head of Department and the Small Tender Board can make the percentage of local employees a criterion in the bid evaluation scoring matrix. The percentage benchmark is as in Appendix 5.