Database

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MONGOLIA

Since April 2020

Pillar Intermediary liability  |  Indicator User identity requirement
Resolution of the Communications Regulatory Commission No. 23 On the Approval of the Terms and Conditions for Obtaining a Special Licence to Provide Telecommunications Services (Харилцаа холбооны зохицуулах хорооны тогтоол Дугаар 23 “Харилцаа холбооны үйлчилгээ эрхлэх тусгай зөвшөөрлийн нөхцөл, шаардлага”-ыг батлах тухай)
Under Clause 5.12.9 of Annex I of "Resolution of the Communications Regulatory Commission No. 23 On the Approval of the Terms and Conditions for Obtaining a Special Licence to Provide Telecommunications Services", telephone service providers are required to implement a user registration system that records individual users by their national registration number. In the case of organisational clients, the registration must include the organisation’s registration number as well as the personal registration number, surname, and given name of the authorised individual representing the organisation. Importantly, this requirement applies not only to traditional telephone services but also to Internet Protocol-based telephone services.
Coverage Traditional and Internet Protocol-based telephone services

MONGOLIA

Since 2011

Pillar Intermediary liability  |  Indicator User identity requirement
General Terms and Conditions for the Regulation of Digital Content Services (Тоон контентийн үйлчилгээний зохицуулалтын ерөнхий нөхцөл шаардлага)
According to Section 7.2.4 of the "General Terms and Conditions for the Regulation of Digital Content Services", website service providers that enable users to create content and facilitate a user comment section are required to display the user's full Internet Protocol (IP) address within publicly accessible user-generated content. Pursuant to Section 2.4, a website service provider is defined as an individual or legal entity that disseminates news, information, and other forms of content to the public through communication network services.
Coverage Website service providers

MONGOLIA

Since January 2024, entry into force in September 2024

Pillar Intermediary liability  |  Indicator Monitoring requirement
Law of Mongolia on Child Protection (МОНГОЛ УЛСЫН ХУУЛЬ ХҮҮХЭД ХАМГААЛЛЫН ТУХАЙ)
Art. 25 of the Law on Child Protection stipulates that electronic service providers are responsible for refraining from disseminating prohibited content and are obliged to actively monitor, restrict, and block harmful material. In addition, internet service providers are required to implement technological measures to limit the distribution of harmful and prohibited content accessible to children online, in accordance with decisions issued by authorised organisations.
Coverage Electronic service providers and internet service providers

MONGOLIA

Since September 2023
Since December 2021, entry into force in May 2022

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
Regulation on Technical Requirements for Processing Sensitive, Biometric, and Genetic Data (ХҮНИЙ ЭМЗЭГ МЭДЭЭЛЭЛ, ГЕНЕТИК БОЛОН БИОМЕТРИК МЭДЭЭЛЭЛ БОЛОВСРУУЛАХАД БАРИМТЛАХ ТЕХНОЛОГИЙН АЮУЛГҮЙ БАЙДЛЫН ШААРДЛАГА, ЖУРАМ)

Law of Mongolia on Personal Data Protection (МОНГОЛ УЛСЫН ХУУЛЬ ХҮНИЙ ХУВИЙН МЭДЭЭЛЭЛ ХАМГААЛАХ ТУХАЙ)
Section 3 of the "Regulation on Technical Requirements for Processing Sensitive, Biometric, and Genetic Data" sets out the requirements for servers processing sensitive personal information. Among other stipulations, it mandates that the server must be physically located within the territory of Mongolia and must be accessible exclusively from within Mongolia.
Pursuant to Section 1, the objective of this Regulation is to establish the principles and technological security requirements governing the processing of sensitive personal data, as well as genetic and biometric data, as stipulated in Arts. 9 and 10 of the Law on the Protection of Personal Data.
Coverage Horizontal

MONGOLIA

Since May 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the application process for patents
Law on Patents (Патентын тухай хууль)
Art. 15.3 of the Law on Patents stipulates that a foreign citizen, stateless person, or foreign legal entity that does not reside permanently in Mongolia or is not engaged in activities within the country must be represented by an intellectual property agent when submitting an application for a patent for an invention or utility model. Moreover, Pursuant to Art. 16.3, applications for patents of invention and utility models must be submitted in the Mongolian language.
Coverage Horizontal

MONGOLIA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Practical or legal restrictions related to the enforcement of patents
Reported practical limitations in patent enforcement
It is reported that patents are not enforced through civil courts and, as a result, the process for an infringement case may be excessively complex and costly for rights holders.
Coverage Horizontal

MONGOLIA

Since May 1991

Pillar Intellectual Property Rights (IPRs)  |  Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Mongolia is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

MONGOLIA

Since May 2021

Pillar Intellectual Property Rights (IPRs)  |  Indicator Copyright law with clear exceptions
Law of Mongolia on Copyrights (МОНГОЛ УЛСЫН ХУУЛЬ ЗОХИОГЧИЙН ЭРХИЙН ТУХАЙ)
The Law on Copyright establishes a clear fair use regime. Art. 38 outlines specific circumstances under which the use of copyrighted works—without interfering with their normal exploitation and without prejudicing the rights and legitimate interests of right holders—shall not be considered copyright infringement. Arts. 39 to 46 further detail the conditions under which partial use of works is permitted, including for purposes such as news reporting, academic research, and teaching.
Coverage Horizontal

MONGOLIA

Reported in 2022, last reported in 2024

Pillar Intellectual Property Rights (IPRs)  |  Indicator Enforcement of copyright online
Reported prevalence of software piracy
Reports indicate that the widespread use of pirated software is prevalent among Mongolian government ministries, individual consumers, and businesses.
Coverage Horizontal

MONGOLIA

Since October 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Mongolia has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty. The treaty was signed on 20 December 1996, ratified on 25 July 2002 and came into effect on 25 October 2002.
Coverage Horizontal

MONGOLIA

Since October 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Mongolia has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was signed on 20 December 1996, ratified on 25 July 2002 and came into effect on 25 October 2002.
Coverage Horizontal

MONGOLIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Mongolia does not possess a comprehensive legal framework for the effective protection of trade secrets. Nevertheless, certain limited provisions address specific aspects of trade secret protection, including those found in the Law of Mongolia on Organisation Secrets. Similar measures are also present in the Law of Mongolia on Competition, which includes regulations concerning unfair competition, such as the misappropriation of trade secrets.
Coverage Horizontal

MONGOLIA

Since December 2014

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Resolution No. 52 of the Communications Regulatory Commission Regarding Procedure for Communications Network and Infrastructure Sharing (Харилцаа холбооны зохицуулах хорооны
2014 оны 12 дугаар сарын 08-ны өдрийн 52 тоот тогтоол)
Mongolia requires the sharing of communications networks and passive infrastructure under Resolution No. 52/2014 of the Communications Regulatory Commission. Art. 2 of the Resolution obliges service providers, particularly those with a dominant market position, to grant access on non-discriminatory and fair terms. Unjustified refusals to share are prohibited, and providers must respond to access requests within 14 working days, applying a first-come, first-served approach. They must also publish relevant technical and pricing information, with pricing subject to approval by the Regulatory Commission. Non-compliance may result in sanctions, including the suspension or revocation of licences.
Coverage Telecommunications sector

MONGOLIA

Reported in 2021, 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 leading companies in Mongolia’s telecommunications sector include state-owned and state-dominated entities such as the Information Communication Network Company (NETcom) and Mongolian Telecom (officially, Mongolian Telecommunications Corporation JSC). The government fully owns of NETcom, which operates the country’s integrated fibre optic cable network. It also holds a 94.7% stake in Mongolian Telecom, with the remaining 5.3% owned by a mix of foreign and domestic individuals and legal entities.
Coverage Telecommunications sector

MONGOLIA

Reported in 2022

Pillar Telecom infrastructure & competition  |  Indicator Functional/accounting separation for operators with significant market power
Requirement of functional separation for dominant network operators
Mongolia requires functional separation for operators possessing significant market power (SMP) within the telecommunications market. However, it does not impose a requirement for accounting separation.
Coverage Telecommunications sector

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