CAMBODIA
Since November 2019
Since November 2022
Since November 2022
Pillar Content access |
Indicator Restrictions on online advertising
Royal Code No. NS/RKM/1119/016, Law on Consumer Protection (ច្បាប់ ស្តីពី កិច្ចការពារអ្នកប្រើប្រាស់)
Sub-Decree No. 232 on the Management of the Advertisement of Goods and Services (អនុក្រឹត្យលេខ ២៣២ អនក្រ.បក ស្តីពីការគ្រប់គ្រងការផ្សាយពាណិជ្ជកម្មទំនិញ និងសេវាកម្ម)
Sub-Decree No. 232 on the Management of the Advertisement of Goods and Services (អនុក្រឹត្យលេខ ២៣២ អនក្រ.បក ស្តីពីការគ្រប់គ្រងការផ្សាយពាណិជ្ជកម្មទំនិញ និងសេវាកម្ម)
Art. 27.2 of the Law on Consumer Protection mandates that any advertising shall be in Khmer language. Furthermore, Art. 9 of Sub-Decree No. 232 requires all commercial advertising of products and services - by any channel - to use Khmer as the primary language. If foreign-language text is used in advertisements, it must comply with the Sub-Decree rules on placement and font size to ensure the Khmer text retains its prominence. It is reported that the Khmer language requirement can be an onerous obligation for some businesses.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220618161938/https://ibccambodia.com/wp-content/uploads/2020/01/Law-on-Consumer-Protection_EN.pdf
- https://web.archive.org/web/20240630220745/https://www.ccfdg.gov.kh/wp-content/uploads/2022/11/5_6298329077250000903.pdf
- https://sim.oecd.org/Simulator.ashx?lang=En&ds=DGSTRI&d1c=apf&d2c=khm
- https://web.archive.org/web/20230301224457/https://www.lexology.com/library/detail.aspx?g=12c6c43a-1655-4112-b51c-aa5d8166ed63
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CAMBODIA
Since December 2015
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law on Telecommunications (ច្បាប់ ស្តីពី ទូរគមនាគមន៍)
Art. 15 of the Law on Telecommunications provides that a license from the Telecommunication Regulator of Cambodia (TRC) and the Ministry of Posts and Telecommunications (MPTC) is required for the provision of VOIP and Internet café services.
Coverage VOIP and Internet café services
Sources
- https://web.archive.org/web/20230324071024/https://cyrilla.org/fr/entity/dncyvenfh2c?page=8
- https://web.archive.org/web/20220703201301/https://trc.gov.kh/wp-content/uploads/guideline/5_Guidline-Internet-Cafe.pdf
- https://web.archive.org/web/20230321013509/https://www.dfdl.com/resources/legal-and-tax-updates/investment-guide-telecommunications/
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CAMBODIA
Since December 2015
Pillar Content access |
Indicator Licensing schemes for digital services and applications
Law on Telecommunications (ច្បាប់ ស្តីពី ទូរគមនាគមន៍)
Art. 99 of the Law on Telecommunications introduces sentences of six months to two years imprisonment and heavy financial penalties for “any act of producing, installing or distributing software or hidden audio recorders for recording dialogue” without approval from the authorities. It is reported that this unclear provision, which seems to require government approval for any software that can record sound, could potentially criminalise the basic use, sharing, or development of software such as smartphone apps. Additionally, the range of sound-recording hardware concerned with this provision is unclear.
Coverage Software recording sound
CAMBODIA
Since March 2012
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Import ban applied on ICT goods or online services
Import ban
In March 2012, the Cambodia Custom and Excise General Department announced a ban on the import of old computers and spare parts for occupational purposes, except for self-consumption and/or charity, in a minor amount.
Coverage Used computer and its spare parts
CAMBODIA
Reported in 2021, last reported in 2023
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Lack of transparency in customs processing
It has been reported that Cambodia's Customs and Excise Department engages in non-transparent practices that appear arbitrary. Importers frequently cite problems with undue processing delays, burdensome paperwork, and unnecessary formalities.
Coverage Horizontal
CAMBODIA
Since April 2007, last amended in June 2018
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Law on Standards of Cambodia (ច្បាប់ ស្តីពី ស្ដង់ដារកម្ពុជា)
It is required that several products sold in Cambodia obtain national certification, although this certification is often based on international standards. Foreign manufacturers must sign an agreement with the Institute of Standards of Cambodia (ISC) to obtain local certification. Any entity can apply for a license that would allow it to use the ISC Certification Mark. The license has a validity of three years, which can be extended for three years at a time, subject to satisfactory operation of the license.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220119201104/https://cambodiantr.gov.kh/kcfinder/upload/files/Law%20on%20Standards%20of%20Cambodia%20-%20EN.pdf
- https://web.archive.org/web/20171126103818/https://www.tuv-sud.com/activity/global-market-access/cambodia
- https://web.archive.org/web/20230328153855/https://www.trade.gov/country-commercial-guides/cambodia-standards-trade
- https://web.archive.org/web/20241007152649/https://www.bakc.org.kh/pdf/2007/%E1%9E%85%E1%9F%92%E1%9E%94%E1%9E%B6%E1%9E%94%E1%9F%8B%20%E1%9F%A2%E1%9F%A0%E1%9F%A0%E1%9F%A7/22.%20%E1%9E%95%E1%9F%92%E1%9E...
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CAMBODIA
Since March 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law on Copyright and Related Rights (ច្បាប់បើករក្សាសិទ្ធិនិងសិទ្ធិពាក់ព័ន្ធ)
Cambodia has a copyright regime under the Law on Copyright and Related Rights. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section 4 lists the exceptions, which include: free and private representations made exclusively to a close circle of people such as family or friends; the purposes of education, which is not for financial gain; translation of works from the Khmer language into the languages of the ethnic minorities or vice versa; among others (Arts. 23-29).
Coverage Horizontal
CAMBODIA
Since February 2021
Pillar Domestic data policies |
Indicator Minimum period for data retention
Sub-Decree No. 23 on the Establishment of National Internet Gateway (អនុក្រឹត្យលេខ ២៣ ស្ដីពីការបង្កើតច្រកទ្វារអ៊ីនធឺណិតជាតិ)
Art. 14 of Sub-Decree No. 23 imposes an obligation on National Internet Gateway (NIG) operators to retain traffic data for a year. National Internet Gateway refers to the gateway where all Internet services must be connected nationally and internationally, and traffic refers to the amount of data that passes through a network within one second of a certain time (Annex 1). NIG operators shall maintain technical records, IP address allocation table, and route identification of traffic transiting through NIG for the last 12 months. It is reported that Art. 14 means the operator(s) of the NIG can track the activities of all internet users in Cambodia, including a user’s browser as well as unencrypted search history for up to 12 months. Art. 13 imposes an obligation on NIG operators to report and monitor traffic data and submit monthly, quarterly, semesterly, third-quarterly, and annual traffic reports within seven days after the end of each month, quarter, semester, third-quarter and year to both Telecommunication Regulator of Cambodia (TRC) and the Ministry of Posts and Telecommunications (MPTC).
Coverage National Internet Gateway operators
Sources
- https://web.archive.org/web/20221122124854/https://asset.cambodia.gov.kh/mptc/media/%E1%9F%A2%E1%9F%A3.-20210216_%E1%9F%A2%E1%9F%A3_%E1%9E%A2%E1%9E%93%E1%9E%80%E1%9F%92%E1%9E%9A_%E1%9E%94%E1%9E%80_%E1...
- https://web.archive.org/web/20230902103242/https://data.opendevelopmentcambodia.net/km/dataset/7d273604-61a9-456e-b631-8f73dff13e9b/resource/53f407ed-d055-4d8b-9b2e-998d4fcbeba7/download/cambodia_nig_...
- https://web.archive.org/web/20231129024637/https://www.icj.org/cambodia-should-scrap-rights-abusing-national-internet-gateway/
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CAMBODIA
Reported in 2015, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Inadequate enforcement of copyright online
It has been reported that film and music piracy is still rampant in the country, although a campaign by the Ministry of Culture and Fine Arts has tried to crack down on this issue. It is also reported that infringement of IPRs is prevalent in Cambodia and it includes pirated software, music, and books. Though Cambodia is not a major centre for the production or export of counterfeit or pirated materials, local businesses report that the problem is growing because of the lack of enforcement.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331215014/https://ustr.gov/sites/default/files/2023-03/2023%20NTE%20Report.pdf
- https://web.archive.org/web/20210925000230/https://www.phnompenhpost.com/national/feature-film-piracy-steady-porn-down-govt
- https://web.archive.org/web/20170305083744/http://www.phnompenhpost.com/7days/end-piracy-group-enforce-law
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CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Cambodia has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Cambodia has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
CAMBODIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Cambodia does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. According to the Contract Law of 1998, to maintain information in employment or other contractual relationships, a non-disclosure agreement may be used and enforced. In addition, the Ministry of Commerce is currently in the process of preparing a Law on Trade Secrets and Undisclosed Information.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240613021323/https://ipkey.eu/sites/default/files/ipkey-docs/2021/IPKey-SEA_mar2021_Evi-Triana_Protecting-Trade-Secret-in-South-East-Asia.pdf
- https://web.archive.org/web/20240610165924/https://dip.gov.la/wp-content/uploads/2021/09/202_Cambodia-Factsheet_SEA-IPR-SME-Helpdesk.pdf
- https://web.archive.org/web/20210307002747/https://www.abacus-ip.com/post/cambodian-trade-secret-law-advances-towards-adoption
- https://web.archive.org/web/20230919071254/https://ustr.gov/sites/default/files/2022%20National%20Trade%20Estimate%20Report%20on%20Foreign%20Trade%20Barriers.pdf
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CAMBODIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Cambodia to deliver telecom services to end users. Passive infrastructure sharing is also practised in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
CAMBODIA
Since September 2005
Since June 1996
Since June 1996
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
Sub-Decree No. 111 ANK/BK on the Implementation of the Law on the Amendment to the Law on Investment of the Kingdom of Cambodia (លេខ 111។ អនុក្រឹត្យ ស្តីពីការអនុវត្តច្បាប់ស្តីពីវិសោធនកម្មច្បាប់ស្តីពីការវិនិយោគនៃព្រះរាជាណាចក្រកម្ពុជា)
Law on the General Status of Public Enterprise (ច្បាប់បើកលក្ខន្តិកៈទូទៅនៃសហគ្រាសសាធារណៈ)
Law on the General Status of Public Enterprise (ច្បាប់បើកលក្ខន្តិកៈទូទៅនៃសហគ្រាសសាធារណៈ)
Sub-Decree No. 111 ANK/BK stipulates that Cambodia permits full foreign ownership in the telecommunication sector. However, Art. 3 of Law on Public Enterprise states that the Cambodian government must directly or indirectly hold more than 51% of the capital or the right to vote in state-owned enterprises. Given that Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned, some restrictions apply in this sector.
Coverage Telecommunications sector
Sources
- https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
- https://web.archive.org/web/20241128154216/https://data.opendevelopmentcambodia.net/laws_record/law-on-the-general-status-of-public-enterprise
- https://web.archive.org/web/20211129153011/http://www.cambodiainvestment.gov.kh/wp-content/uploads/2011/10/Sub-Decree-111-on-Implementation-LOI_050927.pdf
- https://web.archive.org/web/20240223150728/https://www.state.gov/reports/2018-investment-climate-statements/cambodia/
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CAMBODIA
Since 2005
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
Telecom Cambodia, the principal telecom company in Cambodia, is fully state-owned.
Coverage Telecommunications sector
