Art. 13‑2.3 of Law No. 460‑IQ stipulates that the proprietor and the users of an Internet information resource and its associated domain name must ensure that the resource or network is not used for the placement of information whose dissemination is prohibited. An internet information resource is defined as an information resource created on the internet network, used for the dissemination of information, and identified by a domain name and other markers determined by its owner for access, while information resources are defined documents and document collections held in information systems (such as libraries, archives, repositories, data banks, etc.), as well as documents and document collections that exist separately.

It is reported that X was blocked in Azerbaijan between 8 and 10 October 2024.

Azerbaijan has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, the country is an observer and not a full member of the WTO.

Azerbaijan maintains a telecommunications regulatory body known as the Information Communication Technologies Agency (ICTA), which is responsible for certification, registration, regulation and oversight, including quality control, within the domains of information and communication technologies and communications (telecommunications and postal services). However, the decision-making processes of this entity are not independent of governmental influence. Pursuant to Sections 2 and 3 of the Presidential Decree of the Republic of Azerbaijan entitled “On Certain Measures to Improve Governance in the Field of Digitalisation, Innovation, High Technologies and Communications in the Republic of Azerbaijan”, dated 11 October 2021, ICTA was established as a public legal entity under the authority of the Ministry of Digital Development and Transport.

Pursuant to Art. 14 of the Law on Personal Data, the cross-border transfer of personal data is prohibited under the following circumstances: (i) where such transfer poses a threat to the national security of the Republic of Azerbaijan; and (ii) where the legal framework of the recipient country fails to provide an adequate level of protection for personal data comparable to that afforded under Azerbaijani law. Nevertheless, the cross-border transfer of personal data may be permitted irrespective of the level of legal protection in cases where the data subject has provided explicit consent, or where such transfer is necessary to safeguard the life or health of the data subject.

Azerbaijan has not joined any agreement with binding commitments to open transfers of data across borders.

The Law on Personal Data establishes a comprehensive framework for data protection in Azerbaijan. The Ministry of Transport, Communications and High Technologies serves as the regulatory authority under the Law, empowered to conduct investigations and implement measures, although reports suggest that its enforcement activity has been limited. The Law is further supplemented by several decrees, including the "Requirements for the Protection of Personal Data" and the "Regulations on the Transmission of Personal Data Collected and Processed at Corporate Information Systems to Third Parties on a Fee Basis".

Pursuant to Art. 39 of the Law on Telecommunications, operators and service providers are required, in accordance with statutory provisions, to establish conditions facilitating operational-search, intelligence, and counter-intelligence activities. This obligation encompasses the installation of supplementary technical equipment within telecommunications networks, and the maintenance of confidentiality regarding the methods employed in such measures, as stipulated by the competent executive authority. Reports indicate that, under this provision, mobile service providers are mandated to furnish governmental institutions with subscriber data.
It is reported that the Ministry of Communications mandates all telecommunications operators to provide the State Security Service with access to their equipment and facilities. It is further reported that mobile service providers routinely disclose the content of users’ communications without judicial authorisation.

The Law on Electronic Commerce establishes a safe harbour regime for intermediaries for copyright infringements. Art. 12.2 provides that intermediaries offering services involving the transmission of information supplied by buyers or sellers through a communications network, or granting access to such a network, are exempt from liability for the transmitted information where they do not initiate the transmission, select its recipient, or modify its content. Art. 12.3 further grants immunity for the automatic, temporary, and short‑term storage of information undertaken solely to facilitate its more efficient onward transmission, provided the intermediary does not alter the information, complies with applicable access conditions and generally accepted updating rules, refrains from interfering with the information through technologies used to obtain usage data, and acts promptly upon receiving notice that the information has been removed or access restricted at its source, including pursuant to a judicial decision or a request from a competent authority. Under Art. 12.4, intermediaries storing information supplied by buyers or sellers are not liable where they lack actual knowledge of its unlawful nature, or, in claims for damages, are unaware of facts or circumstances indicating such unlawfulness, and act expeditiously to delete or disable access to the information once notified. Art. 12.5 confirms that intermediaries are neither obliged to undertake general monitoring of transmitted or stored information nor to actively seek evidence of unlawful activity, and they may not engage in such activities on their own initiative. Art. 1 defines an intermediary as any natural or legal person providing services enabling the electronic circulation of documents between the sender and the recipient of an electronic document.

The Law on Electronic Commerce establishes a safe harbour regime for intermediaries beyond copyright infringement. Art. 12.2 provides that intermediaries offering services involving the transmission of information supplied by buyers or sellers through a communications network, or granting access to such a network, are exempt from liability for the transmitted information where they do not initiate the transmission, select its recipient, or modify its content. Art. 12.3 further grants immunity for the automatic, temporary, and short‑term storage of information undertaken solely to facilitate its more efficient onward transmission, provided the intermediary does not alter the information, complies with applicable access conditions and generally accepted updating rules, refrains from interfering with the information through technologies used to obtain usage data, and acts promptly upon receiving notice that the information has been removed or access restricted at its source, including pursuant to a judicial decision or a request from a competent authority. Under Art. 12.4, intermediaries storing information supplied by buyers or sellers are not liable where they lack actual knowledge of its unlawful nature, or, in claims for damages, are unaware of facts or circumstances indicating such unlawfulness, and act expeditiously to delete or disable access to the information once notified. Art. 12.5 confirms that intermediaries are neither obliged to undertake general monitoring of transmitted or stored information nor to actively seek evidence of unlawful activity, and they may not engage in such activities on their own initiative. Art. 1 defines an intermediary as any natural or legal person providing services enabling the electronic circulation of documents between the sender and the recipient of an electronic document.

Azerbaijan has adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Azerbaijan has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Law No. 224‑IIG provides a framework for effective protection of trade secrets.

There is no obligation for passive infrastructure sharing in Azerbaijan to deliver telecom services to end users. However, it is reported that infrastructure sharing is practiced in the mobile sector and in the fixed sector based on commercial agreements.

It is reported that Azerbaijani legislation requires the state to retain a controlling interest in enterprises operating within the satellite communications sector, thereby restricting foreign and domestic private ownership to no more than 49% of equity in such companies. The specific statutory provision establishing this requirement has not been located.