BRUNEI
Since March 1997, last amended in October 2000
Since February 2001
Since February 2001
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Chapter 180 - Broadcasting (Internet Practices) Act (Bab 180 - Akta Penyiaran (Tataamalan Internet))
Broadcasting (Class Licence) Notification, 2000 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
Broadcasting (Class Licence) Notification, 2000 (S 13/2001) (Akta Penyiaran Kenyataan Penyiaran (Lesen Kelas), 2001)
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.
Coverage Internet Service Providers (ISPs) and Internet Content Providers (ICPs)
Sources
- https://web.archive.org/web/20221001174130/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2001/EN/s012.pdf
- https://web.archive.org/web/20240726162738/http://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2010/EN/S013.pdf
- https://unctad.org/system/files/official-document/dtlstict2013d1_en.pdf
- https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/brunei/
- https://web.archive.org/web/20220624120126/https://www.aiti.gov.bn/SitePages/Content-Regulation.aspx
- https://web.archive.org/web/20191119082521/https://www.agc.gov.bn/AGC%20Images/LOB/pdf/Chp.180.pdf
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BRUNEI
Reported in 2013, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of online content
It is reported that the government of Brunei periodically blocks online content. Various laws are employed to restrict online content, including the Censorship of Films and Public Entertainments Act 1963, the Undesirable Publications Act 1982, the Penal Code 1952, and the Sedition Act 1983. Additionally, the Broadcasting Authority can mandate the removal or prohibition of content that violates the Code of Practice.
Coverage Horizontal
Sources
- https://www.state.gov/reports/2023-country-reports-on-human-rights-practices/brunei/
- https://www.state.gov/reports/2019-country-reports-on-human-rights-practices/brunei/
- https://unctad.org/system/files/official-document/dtlstict2013d1_en.pdf
- https://web.archive.org/web/20220624120126/https://www.aiti.gov.bn/SitePages/Content-Regulation.aspx
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BRUNEI
Since March 2006
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Licensing and Regulatory Framework, Authority for Info-communications Technology Industry (AITI)
According to Section 3.4 of the Licensing and Regulatory Framework, foreigners are prohibited from holding a majority vote or control (either directly or indirectly) in a company/corporation applying for a license from the Authority to provide services in the telecommunications industry.
Coverage Telecommunications sector
BRUNEI
Reported in 2019, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the telecommunications industry is dominated by government-linked companies. Among these are Datastream Digital, Imagine, and Progresif. In 2019, the government consolidated the infrastructure of all three companies under a state-owned wholesale network operator called Unified National Networks (UNN). The UNN is a wholly government-owned enterprise.
Coverage Telecommunications sector
Sources
- https://www.state.gov/reports/2023-investment-climate-statements/brunei/
- https://unn.com.bn/about
- https://www.aiti.gov.bn/licences/infrastructure-provider-for-the-telecommunication-industry-inti-licence/
- https://web.archive.org/web/20191114002751/https://www.aiti.gov.bn/SitePages/Competition-Management.aspx
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BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
It is reported that Brunei does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
BRUNEI
Since April 1994
Pillar Telecom infrastructure & competition |
Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
WTO Telecom Reference Paper
Brunei has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
BRUNEI
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
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.
Coverage Telecommunications sector
BRUNEI
Since September 2014, last amended in August 2015
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Data Protection Policy, 2014 (Polisi Perlindungan Data Negara Brunei Darussalam)
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).
- 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).
Coverage Public sector
BRUNEI
Since March 2018
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Comprehensive and Progressive Agreement for Trans-Pacific Partnership
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).
Coverage Horizontal
BRUNEI
Since January 1957, as amended in December 2010, last amended in 2015
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Nationality/residency requirement for directors or managers
Companies Act, 1956 (Akta Syarikat-Syarikat)
According to Section 138.2 of the Companies Act, private companies operating in the country must have at least two directors (or one in the case of only two directors) to be ordinarily resident in Brunei Darussalam.
Coverage Horizontal
Sources
- https://web.archive.org/web/20191129101627/https://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/cap39bb.pdf
- https://web.archive.org/web/20221017170838/https://www.mofe.gov.bn/Shared%20Documents/Registry%20of%20Companies%20and%20Business%20Names/Legislation/Amendments/COMPANIES_ACT_AMENDMENT_ORDER_2010.pdf
- https://www.wto.org/english/tratop_e/tpr_e/s309_e.pdf
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BRUNEI
Reported in 2022, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Foreign Investment Screening
It is reported that Brunei retains the right to screen investments to ensure they align with the National Development Plan and national interests, avoiding any potential negative impacts. The Brunei Economic Development Board (BEDB) serves as the primary agency for promoting and facilitating foreign investment in the country. The BEDB collabourates with the Invest in Brunei Darussalam FDI Action and Support Center (FAST) under the Prime Minister’s Office to evaluate investment proposals, coordinate with government agencies, and secure project approval. The Foreign Direct Investment and Downstream Industry Working and Steering Committee conducts the evaluation and approval of these proposals.
Coverage Horizontal
BRUNEI
Since January 2012
Since January 2011
Since January 2011
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
Patent Rules, 2012 (S 19/2012)
Patent Order, 2011 (S 57/2011) (Perintah Paten, 2011 (S 57/2011))
Patent Order, 2011 (S 57/2011) (Perintah Paten, 2011 (S 57/2011))
A foreign applicant is required to file a patent application through an authorised representative (agent) with a local address in Brunei to fulfil the requirement to furnish an address for service in Brunei under Rule 35 of the Patents Rules of 2012. In addition, any person resident in Brunei wishing to apply for patent protection in other countries must first obtain permission from the Brunei Registry of Patents. If they have already applied for a patent for the same invention in Brunei, the overseas application should be made not less than two months after the application has been filed in Brunei [Section 33(1), Patent Order, 2011].
Coverage Horizontal
Sources
- https://web.archive.org/web/20240723230814/http://bruipo.gov.bn/Shared%20Documents/PDF/Legislation/PA/Patents_Rules_2012.pdf
- https://web.archive.org/web/20240723225941/http://bruipo.gov.bn/Shared%20Documents/PDF/Legislation/PA/Patents_Order_2011.pdf
- https://web.archive.org/web/20210311061404/https://www.oecd.org/sti/inno/OECDConsultationIP_30-09-2014_BruneiDarussalam_ArizKhalid.pdf
- http://www.wipo.int/pct/guide/en/gdvol2/annexes/bn.pdf
- http://www.bruipo.gov.bn/SitePages/pct.aspx
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BRUNEI
Since July 2012
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Brunei is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
BRUNEI
Since May 2000, last amended in December 2003
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Emergency (Copyright) Order of 1999 (S 14/2000 [E]) (Perintah Hak Cipta 1999)
The Emergency (Copyright) Order of 1999 provides a clear regime of copyright exceptions that follow the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Sections 33-34 list the exceptions, which include the use for research, private study, criticism, and news reporting, among others.
Coverage Horizontal
Sources
BRUNEI
Since May 2017
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Brunei has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal