Database

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MONGOLIA

Since February 2011, last amended in September 2014

Pillar Intermediary liability  |  Indicator User identity requirement
General Terms and Conditions for the Regulation of Digital Content Services (Тоон контентийн үйлчилгээний зохицуулалтын ерөнхий нөхцөл шаардлага)
According to Section 6.2.4 of the "General Terms and Conditions for the Regulation of Digital Content Services", website service providers that enable users to create content and facilitate a user comment section are required to display the user's full Internet Protocol (IP) address within publicly accessible user-generated content. Pursuant to Section 2.4, a website service provider is defined as an individual or legal entity that disseminates news, information, and other forms of content to the public through communication network services.
Coverage Website service providers

MONGOLIA

Since January 2024, entry into force in September 2024

Pillar Intermediary liability  |  Indicator Monitoring requirement
Law of Mongolia on Child Protection (МОНГОЛ УЛСЫН ХУУЛЬ ХҮҮХЭД ХАМГААЛЛЫН ТУХАЙ)
Art. 25 of the Law on Child Protection stipulates that electronic service providers are responsible for refraining from disseminating prohibited content and are obliged to actively monitor, restrict, and block harmful material. In addition, internet service providers are required to implement technological measures to limit the distribution of harmful and prohibited content accessible to children online, in accordance with decisions issued by authorised organisations.
Coverage Electronic service providers and internet service providers

MONGOLIA

Since February 2011, last amended in September 2014

Pillar Content access  |  Indicator Blocking or filtering of commercial web content
General Terms and Conditions for the Regulation of Digital Content Services (Тоон контентийн үйлчилгээний зохицуулалтын ерөнхий нөхцөл шаардлага)
According to Section 6.2.1 of the "General Terms and Conditions for the Regulation of Digital Content Services", providers of website services that allow users to generate content and maintain a user comment section are required to implement a word filtering programme operated by the Communications Regulatory Commission. Reports indicate that this filtering software identifies prohibited keywords and replaces them with asterisks. However, the software is reportedly flawed, as it fails to consider the context of words and indiscriminately blocks any terms that contain letters or syllables resembling those of the prohibited words. Pursuant to Section 2.4, a website service provider is defined as an individual or legal entity that disseminates news, information, and other forms of content to the public through communication network services.
Coverage Website service providers

MONGOLIA

Since February 2011, last amended in September 2014

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
General Terms and Conditions for the Regulation of Digital Content Services (Тоон контентийн үйлчилгээний зохицуулалтын ерөнхий нөхцөл шаардлага)
According to Sections 1.2 and 3 of the "General Terms and Conditions for the Regulation of Digital Content Services", content aggregators, content providers, website service providers, and content service providers are required to obtain a special licence. In addition, in accordance with Section 3.4, the service provider of a news website operating in Mongolia must register with the Communications Regulatory Commission.
Coverage News websites service providers, content aggregators, content providers, website service providers, and content service providers

MONGOLIA

Since June 2022
Since October 2001, as amended in January 2023

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Law of Mongolia on Permits (монгол улсын хууль - зөвшөөрлийн тухай)

Law of Mongolia on Communications (МОНГОЛ УЛСЫН ХУУЛЬ ХАРИЛЦАА ХОЛБООНЫ ТУХАЙ)
Art. 8.1, Clause 9.3, of the Law on Permits lists “using information networks and providing services” as an activity requiring a special permit issued by the Communications Regulatory Commission. Art. 19¹.1 of the Communications Law further clarifies the scope of this category, indicating that it includes IP-based interconnection, data-storage infrastructure, content distribution networks, and virtual network activity between demarcation points.
Coverage IP-based interconnection, data-storage infrastructure, content distribution networks, and virtual network activity between demarcation points

MONGOLIA

Reported in 2023, last reported in 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Delays on import and export procedures
It is reported that a significant time is required for the processing of export and import documentation at the border. Prolonged processing times for international mail handling have been attributed to the customs clearance procedures administered by the International Mail Centre (IMC) of Mongolian Customs. It is also reported that the UPost system used by the IMC lacks interoperability with the systems of delivery service providers such as Mongol Post, UPC, and DHL, requiring manual data entry.
Coverage Horizontal

MONGOLIA

Since August 2019

Pillar Technical standards applied to ICT goods and online services  |  Indicator Self-certification for product safety
Resolution No. 29 regarding the Type Approval Regulatory Guidelines for Information and Communication Equipment (Мэдээлэл, харилцаа холбооны тоног төхөөрөмжийн загварыг баталгаажуулах журам)
Under the "Type Approval Regulatory Guidelines for Information and Communication Equipment", the majority of wireless and telecommunications equipment must obtain type approval from the Communications Regulatory Commission of Mongolia (CRC). Section 5.1 stipulates that products must be accompanied by test reports demonstrating compliance with the relevant test standards and limits, in accordance with European Union Standards (EN), issued within 6 years before issuance. These standards include electromagnetic compatibility requirements. In addition, Section 6.5 states that if the CRC is unable to conduct testing and evaluation due to insufficient measurement capabilities or human resources, it may seek assistance from other governmental organisations of similar status, testing institutions, university laboratories, or accredited laboratories in foreign countries.
Coverage Electronic products

MONGOLIA

Since May 2023, last amended in August 2024

Pillar Online sales and transactions  |  Indicator Restrictions on online payments
Payment System Procedures (Төлбөрийн системийн журам)
According to Section 5.40.11 of the Payment System Procedures, the maximum amount permitted for a single spending transaction by a user corresponds to the upper limit for small-value transactions as determined by order of the President of the Bank of Mongolia. The Bank of Mongolia’s 2024 explanatory guidance clarifies that, for registered electronic-money users, this limit is MNT 5,000,000 (approx. USD 1,400) and applies only to user transactions, not to transactions carried out by contractual agents or merchants cooperating with the electronic-money issuer. In addition, as stipulated in Section 5.40.14, the maximum daily spending limit for unregistered users is MNT 40,000 (approx. USD 12), and the explanatory guidance clarifies that this limit applies only to unregistered users.
Coverage Horizontal

MONGOLIA

Since December 2021, entry into force in May 2022
Since June 2023

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Law of Mongolia on Cyber Security (МОНГОЛ УЛСЫН ХУУЛЬ КИБЕР АЮУЛГҮЙ БАЙДЛЫН ТУХАЙ)

Government Decree No. 06/2023​​​​ Providing Cyber Security General Procedure (Засгийн газрын 2023 оны 06 дугаар КИБЕР АЮУЛГҮЙ БАЙДЛЫГ ХАНГАХ НИЙТЛЭГ ЖУРАМ)
Pursuant to Art. 17.1.3 of Mongolia’s Law on Cybersecurity, legal persons providing information technology services for the processing, storage, distribution, computer analytics, and normal operation of shared information systems in cyberspace must retain information-system activity logs for the period specified in the common cybersecurity procedure. Similarly, under Art. 19.2.9, organisations with critical information infrastructure must retain information-system activity logs for the period prescribed by that procedure.
Government Decree No. 06/2023, which establishes the Cyber Security General Procedure, specifies both the required log content and retention periods. Under Section 4.16, covered organisations must retain logs of access attempts and successful access, privileged access, password changes, changes to or deletions of logs, and the granting, modification, or revocation of access rights. Section 4.17 further requires logs to identify, inter alia, the user name or ID, date, accessed address or device information, access duration, action performed, and result of the action. Finally, Section 4.19 sets minimum retention periods, including at least six months for legal persons and at least one year for organisations with critical information infrastructure.
Coverage Information technology services, critical information infrastructure

MONGOLIA

Since December 2021, entry into force in May 2022

Pillar Domestic data policies  |  Indicator Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Law of Mongolia on Personal Data Protection (МОНГОЛ УЛСЫН ХУУЛЬ ХҮНИЙ ХУВИЙН МЭДЭЭЛЭЛ ХАМГААЛАХ ТУХАЙ)
Pursuant to Art. 20.1.5 of the Law on Personal Data Protection, the data controller and data processor are required to conduct a risk assessment to ensure the security of data processing operations.
Coverage Horizontal

MONGOLIA

N/A

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
Mongolian law and jurisprudence lack a fundamental legal framework governing intermediary liability for copyright infringement. Art. 52 of the Law on Copyright merely stipulates that internet service providers, aggregators, website owners, telecommunications service providers, broadcasting organisations, and multi-channel transmitters must facilitate the receipt of reports concerning copyright and related rights infringements. Additionally, they are obligated to suspend or terminate the unlawful use of copyrighted works and related rights on their networks upon receiving such reports.
Coverage Internet intermediaries

MONGOLIA

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 infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Mongolia's law and jurisprudence.
Coverage Internet intermediaries

MONGOLIA

Since October 2002

Pillar Intellectual Property Rights (IPRs)  |  Indicator Adoption of the WIPO Performances and Phonograms Treaty
WIPO Performances and Phonograms Treaty
Mongolia has adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty. The treaty was signed on 20 December 1996, ratified on 25 July 2002 and came into effect on 25 October 2002.
Coverage Horizontal

MONGOLIA

Since April 2020, last amended in February 2025

Pillar Intermediary liability  |  Indicator User identity requirement
Resolution of the Communications Regulatory Commission No. 23 On the Approval of the Terms and Conditions for Obtaining a Special Licence to Provide Telecommunications Services (Харилцаа холбооны зохицуулах хорооны тогтоол Дугаар 23 “Харилцаа холбооны үйлчилгээ эрхлэх тусгай зөвшөөрлийн нөхцөл, шаардлага”-ыг батлах тухай)
Under Clause 5.12.9 of Annex I of "Resolution of the Communications Regulatory Commission No. 23 On the Approval of the Terms and Conditions for Obtaining a Special Licence to Provide Telecommunications Services", telephone service providers are required to implement a user registration system that records individual users by their national registration number. In the case of organisational clients, the registration must include the organisation’s registration number as well as the personal registration number, surname, and given name of the authorised individual representing the organisation. Importantly, this requirement applies not only to traditional telephone services but also to Internet Protocol-based telephone services.
Coverage Traditional and Internet Protocol-based telephone services

MONGOLIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Mongolia lacks a comprehensive legal framework for the effective protection of trade secrets. Nevertheless, certain limited provisions address specific aspects of trade secret protection, including those found in the Law of Mongolia on Organisation Secrets. Similar measures are also present in the Law of Mongolia on Competition, which includes regulations concerning unfair competition, such as the misappropriation of trade secrets.
Coverage Horizontal

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