LAOS
Since December 2012
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law on Electronic Transactions
The Law on Electronic Transactions establishes a safe harbour regime for intermediaries beyond copyright infringement. According to the law, an intermediary is not liable (i) to monitor any information contained in a data message or electronic record that it handles for a user; (ii) for a data message or electronic record that it handles for a user if an intermediary is not an originator; (iii) for a data message or electronic record for which an intermediary has no actual knowledge that (the information) gives rise to liability; (iv) for background on a data message for which an intermediary has no actual knowledge.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20231029234327/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20Electronic%20Transactions%20.pdf
- http://web.archive.org/web/20160328221013/https://freedomhouse.org/report/freedom-press/2015/laos
- https://web.archive.org/web/20230928221523/https://www.rfa.org/english/news/laos/decree-09242014143032.html
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LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of adoption of the WIPO Copyright Treaty
Laos has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of adoption of the WIPO Performances and Phonograms Treaty
Laos has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LAOS
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Laos does not possess a comprehensive legal framework to ensure the effective protection of trade secrets, though certain measures exist to address related issues. Art. 53 of Law No. 50/NA of 20 November 2023 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ 50/ສພຊ, ລົງວັນທີ 20 ພະຈິກ 2023), defines the rights of trade secret proprietors. According to Art. 20, a trade secret is characterised as "secret information which cannot be disclosed regarding a formula, production process, or any information that has commercial value by virtue of not being known among or readily accessible to individuals within the circles that normally deal with the type of information in question." This legislation came into force in January 2024, superseding Law No. 38/NA of 15 November 2017 on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017), which included similar provisions in Arts. 20 and 61.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
It has been reported that the absence of a dedicated legal framework for the protection and enforcement of trade secrets poses considerable challenges, particularly for foreign entities operating within Laos.
Coverage Horizontal
Sources
- https://www.wipo.int/wipolex/en/legislation/details/22624
- https://web.archive.org/web/20240925191607/http://laoofficialgazette.gov.la/kcfinder/upload/files/50%20%E0%BA%AA%E0%BA%9E%E0%BA%8A%2020.11.2023.pdf
- https://web.archive.org/web/20231222180239/https://internationalipcooperation.eu/sites/default/files/arise-docs/2019/Lao-PDR_Law-on-Intellectual-Property-No-38_15-11-2017_Eng.pdf
- https://www.lexology.com/library/detail.aspx?g=db6fe766-a1e0-48b1-a21a-15edf342c3ad
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LAOS
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that Laos has no obligation for passive infrastructure sharing in the country to deliver telecom services to end users. However, it is practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
LAOS
Reported in 2020, last reported in 2026
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 government holds equity stakes in several telecommunications companies. Notably, Lao Telecommunications Public Company (Lao Telecom) operates as a joint venture in which the Lao Government holds a 51% shareholding, and T-PLUS (formerly Beeline) is wholly owned by Lao Telecom. In addition, the Lao Government holds a 49% stake in ETL Company Limited and a 51% stake in Star Telecommunication Company (Unitel). Sky Telecom State Company is entirely government-owned and operates under the direct supervision of the Ministry of Defence, while Best Telecom Company Limited is partially owned by Sky Telecom State Company.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20260514191302/https://www.trade.gov/country-commercial-guides/laos-business-travel
- https://web.archive.org/web/20210115234546/https://www.trade.gov/country-commercial-guides/laos-business-travel
- https://web.archive.org/web/20260514191220/https://www.gsma.com/get-involved/gsma-membership/gsma_orgs/lao-telecommunications-co-ltd/
- https://web.archive.org/web/20260514200058/https://www.intouchcompany.com/wp-content/uploads/2024/04/Information-Memorandum-on-the-Connected-Transaction-Concerning-the-Disposal-of-All-Shares-in-Thaico...
- https://web.archive.org/web/20260316051525/https://www.etllao.com/?page_id=1674&lang=en
- https://web.archive.org/web/20260514193746/https://en.vietnamplus.vn/unitel-recognised-as-laos-best-telecom-network-post327350.vnp
- https://web.archive.org/web/20260514193806/https://www.vientianetimes.org.la/freeContent/FreeConten178_Unitel.php
- https://web.archive.org/web/20260514203238/https://www.laoasia.com/en
- https://web.archive.org/web/20260514201517/https://besttelecom.la/about-best-telecom/
- https://www.linkedin.com/company/besttelecomlaos/about/
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LAOS
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory accounting separation for dominant network operators
It is reported that Laos does not mandate accounting separation for operators with significant market power (SMP) in the telecom market. However, there has been an obligation of functional separation since 2014.
Coverage Telecommunications sector
LAOS
Since December 2011
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Law on Telecommunications (ກົດໝາຍວ່າດ້ວຍ ການໂທລະຄົມມະນາຄົມ)
Art. 36 of the Law on Telecommunication mandates the following activities to be approved by the Ministry of Post and Telecommunications or relevant ministries: i) adjusting its radio frequency spectrum, telecommunication equipment, and networks into the radio frequency spectrum, telecommunication equipment, and networks of other telecommunication service providers; ii) Increasing or decreasing service prices, and iii) using telecommunication resources and import telecommunication equipment. Although there is a new telecom law in effect since 2022, the text is not available in English. Moreover, reports indicate an apparent reluctance to grant licences to foreign telecom operators.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20220128031108/http://laoofficialgazette.gov.la/kcfinder/upload/files/Law%20on%20telecommuncation%20(Enlish%20Version).pdf
- https://web.archive.org/web/20230921184023/https://vdb-loi.com/laos_publication/amended-telecommunication-law-lao-pdr/
- https://www.trade.gov/country-commercial-guides/laos-digital-economy
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LAOS
Since February 2015
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Decision on Telecommunication Business Operating License No. 221/MPT
According to Art. 2 of the Decision on Telecommunication Business Operating License No. 221/MPT, a Telecommunication Business Operating License provides the right and legal certification to individuals or juridical persons who operate telecommunication businesses in accordance with the laws of Lao PDR. Pursuant the Art. 10, individuals, legal entities, and organisations, both domestic and international, aiming to conduct a telecommunication business must provide a complete set of application documents and submit them to the responsible office as stipulated in the law on investment promotion and other relevant regulations. Registration criteria for the business license for telecommunication services, as stated in Art. 11, include: i) having adequate financial resources; ii) having staff with the relevant knowledge, capability, and experience; iii) buildings, vehicles, and equipment for supporting telecommunications-related work; iv) making the full payment of related fees and service charges; and v) preparing the full set of required documents.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
In addition, Art. 12 states that some documents are required, including a feasibility study and a technical plan.
Coverage Telecommunications sector
LAOS
Since April 2013
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Laos has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
Sources
- https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S009-DP.aspx?language=E&CatalogueIdList=116265&CurrentCatalogueIdIndex=0&FullTextHash=&HasEnglishRecord=True&HasFrenchRecord=True&HasSpanishRecord=True
- https://web.archive.org/web/20211025203315/https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_commit_exempt_list_e.htm
LAOS
Reported in 2017, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Lack of an independent telecom authority
Laos has established a telecommunications authority known as the Lao Telecommunication Regulatory Authority (LTRA). However, it has been reported that the entity's decision-making process lacks full independence from government influence. The LTRA operates as a subsidiary structure within the Ministry of Post and Telecommunications, holding a status equivalent to that of a department and functioning as a think tank to support the Ministry in overseeing telecommunications regulatory activities. The Director General of the LTRA is directly accountable to the Minister of Post and Telecommunications, as well as the supervising Vice Minister, for the organisation’s performance, including its successes and shortcomings.
Coverage Telecommunications sector
LAOS
Since May 2017
Pillar Cross-border data policies |
Indicator Conditional flow regime
Law on Electronic Data Protection (ກົດໝາຍວ່າດ້ວຍການປົກປ້ອງຂໍ້ມູນເອເລັກໂຕຣນິກ)
The Law on Electronic Data Protection specifies that the delivery or transfer of data must be performed as follows:
- with the consent of the data subject and guarantee that the transferee can protect such data;
- with the encryption of important information, such as financial, accounting, and investment data and with the electronic certificate issued by the Ministry of Posts and Telecommunication (Art. 25);
- without forging the source of data sent or transferred;
- that the transfer must be in accordance with the agreement of the transferee and transferor; and
- that the transfer must be stopped upon refusal by the transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of the data subject and compliance with the law (Art. 17).
- with the consent of the data subject and guarantee that the transferee can protect such data;
- with the encryption of important information, such as financial, accounting, and investment data and with the electronic certificate issued by the Ministry of Posts and Telecommunication (Art. 25);
- without forging the source of data sent or transferred;
- that the transfer must be in accordance with the agreement of the transferee and transferor; and
- that the transfer must be stopped upon refusal by the transferee.
The transfer of private data outside of Lao PDR is subject to the express consent of the data subject and compliance with the law (Art. 17).
Coverage Horizontal
LAOS
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Laos has not joined any agreement with binding commitments to open transfers of data across borders. Art. 12.15 of the Regional Comprehensive Economic Partnership (RCEP) recognises that each party may maintain its own regulatory requirements governing cross‑border transfers of information by electronic means and stipulates that such transfers shall not be restricted when undertaken for the conduct of business by a covered person; however, the article simultaneously allows parties to adopt or maintain any measures they themselves deem necessary to achieve a legitimate public policy objective, as well as any measures necessary to protect essential security interests, with the parties expressly affirming that the determination of such necessity lies solely with the implementing party and that such measures shall not be subject to dispute. It is reported that this formulation enables the parties to preserve their domestic data‑control regime under the rubric of national security without risking inter‑state disputes, and that the relative weakness of Chapter 12 renders its provisions largely ineffectual in facilitating the liberalisation of cross‑border data flows, particularly because the clause entrusting necessity assessments to the implementing party effectively permits any measure to be characterised as legitimate at that party’s discretion.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260108205952/https://www.unilu.ch/fileadmin/fakultaeten/rf/burri/TAPED/TAPED_Burri_Vasquez_2025.xlsx
- https://web.archive.org/web/20250927032823/https://asean.org/wp-content/uploads/2024/10/Regional-Comprehensive-Economic-Partnership-RCEP-Agreement-Full-Text.pdf
- https://web.archive.org/web/20260317152539/https://moderndiplomacy.eu/2024/11/30/cross-border-data-flows-under-rcep-striking-a-balance-between-security-and-competitiveness/
- https://web.archive.org/web/20260317153111/https://www.cigionline.org/articles/digital-trade-rcep-wtos-future/
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LAOS
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Laos does not maintain a comprehensive, overarching legal regime governing all forms of personal data; rather, it adopts a sectoral approach to regulation. Data protection in Laos is principally regulated through sector-specific legislation, most notably the Law on Electronic Data Protection and its implementing regulations. The existing legal framework is narrowly focused on data privacy in the context of digital or electronic data, without extending to non-electronic forms of information. Under the Law on Electronic Data Protection, the Ministry of Technology and Communications is designated as the competent authority responsible for matters relating to the protection of electronic data.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260514231943/http://lsp.moic.gov.la/?r=site/displaylegal&id=289
- https://web.archive.org/web/20260514233123/https://multilaw.com/Multilaw/Multilaw/Data_Protection_Laws_Guide/DataProtection_Guide_Laos.aspx
- https://web.archive.org/web/20260514233202/https://www.dlapiperdataprotection.com/?c=LA
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LAOS
Since November 2017, entry into force in June 2018
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 38/NA of 15 November 2017, on Intellectual Property (ກົດໝາຍວ່າດ້ວຍ ຊັບສິນທາງປັນຍາ, ເລກທີ່ 38/NA ຂອງວັນທີ 15 ເດືອນພະຈິກປີ 2017)
Laos has a clear regime of copyright exceptions that follows fair use, which enables the lawful use of copyrighted work by others without obtaining permission. Art. 115 of the Law on Intellectual Property Rights lists exceptions that include: the quotation of a publicly available work, provided that it conforms to the principles of fair use and the scope of the quotation is justified for the intended purpose; the use of literary or artistic works to illustrate publications, broadcasts or recordings for educational or scientific research purposes; the translation of literary works into Braille or other characters for visually impaired persons is a permitted use of copyrighted material; among others.
Coverage Horizontal
