It has been reported that practical challenges exist in applying for public tenders, particularly due to the structure of Kazakhstan's e-procurement system. Additionally, there appears to be a concerted effort to promote local suppliers through public procurement. Furthermore, the requirement for foreign bidders to obtain a digital signature certificate is said to undermine the principle of open eligibility.

Kazakhstan is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA). However, the country has been an observer of the WTO GPA since 2016.

According to Government Resolution No. 13 on Certain Matters Pertaining to the Implementation of State Support of Investments, production of digital goods such as computers, electronic and optical products is identified as a priority area for implementation of foreign investment projects, among others and are therefore subject to investment preferences. However, certain restrictions still exist in sectors related to the digital economy. For instance, in accordance with Art. 5 of the Law on Mass Media, foreigners and foreign legal entities, as well as stateless persons, cannot directly and (or) indirectly own, use, dispose and (or) manage more than 20% of the shares of a legal entity which is the owner of a mass media organisation in Kazakhstan or carries out activities in this area, including online mass media. This requirement does not apply to internet resources intended for electronic commerce.

In 2016, the country formally removed a 49% limit on foreign ownership of telecom companies, except for KazakhTeleCom. As of April 2024, the state-owned 71.3% of Kazakhtelecom through Samruk-Kazyna, its sovereign wealth fund.

According to Regulation No. 23 of 2013 on Domain Name Management, websites are considered electronic systems, and as such, they need to get certified before registering for a domain name. Websites must also provide the identity of the party providing such an electronic system and information on the object of any transaction. It is reported that a local presence is required for domain name registration

The E-commerce law states that subject to certain thresholds, foreign business actors that actively conduct e-commerce activities with consumers in Indonesia are deemed as physically present in Indonesia and conducting fixed business activities in Indonesia. These thresholds include (i) number of transactions, (ii) transaction value, (iii) number of shipped packages, and/or (iv) volume of traffic or number of users. A foreign business actor that meets any of the thresholds must appoint an Indonesian representative who can act on its behalf.
Moreover, in May 2020, Indonesia issued Ministry of Trade (MOT) Regulation No. 50/2020, which required certain foreign e-commerce operators to establish a local representative office in Indonesia. However, this regulation has since been revoked by the MOT with the publication of Regulation No. 31/2023 on Provisions on Business Licensing, Advertisement, Development, and Supervision of Business Actors in Electronic Systems Trading. Under Regulation 50, foreign e-commerce operators were subject to Indonesian e-commerce regulations and had to establish a representative office in Indonesia if they fulfilled any of these criteria:
- They transact with at least 1,000 consumers in Indonesia annually.
- They annually deliver at least 1,000 packages to consumers in Indonesia.
In addition, regulation 31 has placed one more alternative criterion, namely, if traffic to the operator (presumably website/platform) constitutes at least 1% of total local internet traffic in Indonesia within a one-year period.

According to the Minister of Communication and Informatics Regulation No. 5 of 2020 on Private Electronic System Operators, foreign Private Electronic System Operators (ESOs) are required to register their businesses with the relevant ministry through the online single submission system. ESOs should also appoint liaison officers, who have to be domiciled in Indonesia. The duty of the liaison officer is to facilitate any access request by government authorities and takedown requests. According to the regulation, ESOs are persons, business entities, or communities that operate an electronic system. ESOs include electronic system operators that are supervised by ministers or institutions in accordance with laws and regulations and electronic system operators that have an online portal, site, or application through the Internet. The requirement was first enacted with Government Regulation No. 71/2019 regarding the Provision of Electronic Systems and Transaction which repealed the Government Regulation No. 82 of 2012.

Law No. 11 Year 2008 concerning Information and Electronic Transactions provides a comprehensive framework for consumer protection that also applies to online transactions.

Indonesia has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.

Indonesia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.

Indonesia has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.

According to Government Regulation No. 80/2019 on Trading Through Electronic Systems, both domestic and foreign e-commerce business actors must obtain a business license to engage in e-commerce activities. However, intermediary service operators are exempt from this requirement if they are not direct beneficiaries of an e-commerce transaction or are not directly involved in an e-commerce contractual relationship with the parties involved. Business license applications can be submitted through the Electronic Integrated Business Licenses system (Perizinan Berusaha Integrasi Secara Elektronik) in accordance with prevailing laws and regulations.
Furthermore, the E-commerce Law stipulates a list of compliance requirements for both local and foreign e-commerce operators, including prioritising the use of an Indonesian domain name, using server equipment housed in a data centre, registering as an electronic system operator with the Ministry of Communication and Informatics, and submitting periodic data and/or information to the statistics bureau, with further provisions to be governed by the bureau.

The Ministry of Communications and Informatics issued Circular Letter No. 3/2016 on 31 March 2016, establishing the regulatory framework for the delivery of application and content services via the Internet, commonly referred to as Over the Top (OTT) Services. The Circular categorises OTT Services into two main types. The first, OTT Application Services, involves the use of internet protocol-based telecommunications networks to provide functions such as text messaging, voice and video calls, online chatting, financial transactions, data storage, gaming, social networking, and related services. The second, OTT Content Services, encompasses the provision of digital information in formats such as text, sound, images, animations, videos, music, films, and games, delivered via streaming or downloads over telecommunications networks.
Under Section 5, the Circular imposes specific obligations on OTT Service Providers, including the mandatory use of a domestic payment system (Indonesia’s National Payment Gateway) operated by a legal Indonesian entity, as well as the use of Indonesian Internet Protocol numbers (Sections 5.5.5 and 5.5.6).

According to the Minister of Finance Regulation No. 199/2019 and Director General Customs and Excise Regulation No. 2/2020, de minimis threshold, that is, the minimum value of goods below which customs do not charge duties, is USD 3, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC). It is reported that, by the Director General Customs and Excise Regulation No. 2/2020, Indonesia lowered the threshold for import duty exemption for major imported products from USD 75 per consignment to USD 3 per consignment in order to protect the domestic industry.

The Ministry of Trade Regulation 38/2013 imposes requirements on importers of mobile phones, handheld computers, and tablets to prove previous import activities and local aftersales activity, as well as requirements regarding the distribution and the establishment of industrial activity in Indonesia. In addition, the Ministry of Industry Regulation 68/M-IND/PER/9/2016 includes new licensing requirements for different types of importers of tablets, cellular phones, and handheld computers. These differ depending on:
- whether the importer is working with an Indonesian producer,
- whether the importer is also the producer of the goods,
- whether the imports are conducted with a specific purpose (i.e., specialised orders) or concerning after-sales services.