BRUNEI
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Indicator Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is BND 400 (approx. USD 300), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
BRUNEI
Since March 2015
Pillar Online sales and transactions |
Indicator Restrictions on domain names
BNNIC Registration Policies, Procedures and Guidelines
According to Arts. 3.1 and 3.6 of the BNNIC Registration Policies, Procedures, and Guidelines, foreign companies or businesses may register for ".bn" and "com.bn" domains only if they have a registered trademark with the Registrar of Trademarks.
Coverage Horizontal
Sources
- https://web.archive.org/web/20210925223756/http://www.bnnic.bn/files/Registration%20Policies%20Procedures%20and%20Guidelines.pdf
- https://web.archive.org/web/20231031144121/http://www.bnnic.bn/faqs#subcat98
- https://bn.usembassy.gov/wp-content/uploads/sites/196/2016/09/2006ipr-toolkit.pdf?_ga=2.174414178.1556769793.1496152018-1433504427.1496151983
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BRUNEI
Since September 2014, last amended in August 2015
Pillar Cross-border data policies |
Indicator 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 |
Indicator 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
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
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).
Coverage Horizontal
Sources
- https://www.dataguidance.com/jurisdiction/brunei-darussalam
- https://www.dlapiperdataprotection.com/index.html?t=law&c=BN
- https://web.archive.org/web/20240726174849/http://www.agc.gov.bn/AGC%20Images/LAWS/ACT_PDF/Chp196.pdf
- https://web.archive.org/web/20240723222355/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2006/EN/S045.pdf
- https://web.archive.org/web/20240610210521/https://www.agc.gov.bn/AGC%20Images/LAWS/Gazette_PDF/2008/EN/S096.pdf
- https://web.archive.org/web/20220308123611/http://www.information.gov.bn/PublishingImages/SitePages/New%20Media%20and%20IT%20Unit/Data%20Protection%20Policy%20V.2.2.pdf
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BRUNEI
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 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.
Coverage Internet intermediaries
BRUNEI
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringements
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.
Coverage Internet intermediaries
BRUNEI
Since February 2006
Pillar Intermediary liability |
Indicator User identity requirement
Registration Guidelines for Mobile Prepaid Subscriber Identity Module (SIM) Cards
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.
Coverage Telecommunications sector
BRUNEI
Since March 1997, last amended in October 2000
Since February 2001
Since February 2001
Pillar Intermediary liability |
Indicator 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 |
Indicator 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 |
Indicator 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 |
Indicator 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 |
Indicator 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 |
Indicator Signature of the 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 |
Indicator 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
