Myanmar lacks a telecommunications regulator that operates independently of the government in its decision-making processes. Regulatory authority over the sector rests with the Posts and Telecommunications Department (PTD) within the Ministry of Transport and Communications (MoTC). As a ministerial body reportedly administered by former military officials, the PTD is devoid of both legal and practical safeguards to ensure its independence in regulatory and operational matters. It is reported that the military exercises control over the PTD’s oversight of telecommunications companies and licensing procedures. Furthermore, the PTD’s decisions are characterised by a lack of transparency and appear to exhibit a consistent bias in favour of the military’s interests.

Section 27-A(ii) of the Electronic Transactions Law, as amended in 2021 by Law No. 7/2021, mandates the personal data administrator to seek the consent of the owner of data before any data transfer. However, the law does not further regulate the ways in which the owner's consent is sought.

Art. 1(d) of the Myanmar Investment Commission Notification No. 15/2017 requires investments in telecommunication services, the production and distribution of satellite communication items, radar communication items and related equipment, radio communication, and the production and domestic marketing of mobile handset and telephone to get approval from the Ministry of Transport and Telecommunication.
According to Art. 64 of the Ministry of Planning and Finance Notification No. 35/2017, investment proposals are evaluated based on whether "the investment is compatible with national development, security, economic, social and cultural policies, taking into consideration development, security, economic, social and cultural policy objectives announced by the Government or the government of any State or Region affected by the investment."

Section 24 of the Cybersecurity Law stipulates that any digital platform service provider with 100,000 or more users within the State must be incorporated as a company in accordance with the Myanmar Companies Law and is required to submit an application for registration to the relevant Department in the prescribed manner. Pursuant to Section 4, “digital platform services” are defined as a category of business that provides services enabling users to display, transmit, disseminate, or otherwise utilise information online through cyber resources or analogous technologies and associated equipment, while a “digital platform service provider” refers to any person or organisation that offers such services for use within the State.

According to Art. 110 of the Patent Law, where the applicant’s residence or principal place of business is outside the territory of the State, the patent application may be applied through the representative or patent agent who is registered in the prescribed manner by the Department in accordance with the provisions of this Law.

Myanmar is not a party to the Patent Cooperation Treaty (PCT).

Myanmar’s copyright framework is established under the Myanmar Copyright Law. The Act does not provide for an open-ended fair use or fair dealing standard. Rather, it sets out a closed list of narrowly defined exceptions, limiting lawful uses to specific, enumerated purposes that are subject to the principle of “fair practice”. This principle requires that any permitted use be compatible with fair practice and confined to what is justified by the relevant purpose. Under Art. 24, an individual may reproduce a published work without the Rights Owner's authorisation solely for personal use. However, this reproduction must not result in the misuse of the literary or artistic work or infringe upon the legal rights of the Rights Owner. Notably, this exemption does not apply to the reproduction of works in the following categories: (i) architecture, such as buildings, (ii) musical works, (iii) whole or partial databases on digital platforms, and (iv) computer programs.

Myanmar has not adopted the World Intellectual Property Organization (WIPO) Copyright Treaty.

Myanmar has not adopted the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Myanmar is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).

According to Paragraph 5 of Directive 1/2022, the submission of tenders is open to all, except in the specific cases detailed in Paragraphs 4, 6, 7, and 8. Moreover, Paragraph 13 provides that procurement from international sources may be conducted in instances where the required goods are unavailable within the domestic market or where no authorised dealer has been designated by the manufacturer to distribute the foreign product locally.

Pursuant to Directive No. 1/2017, the establishment of a commercial presence is mandated for the provision of services related to government procurement. As part of the qualification process, applicants are required to submit evidence demonstrating that they are registered companies in Myanmar and have fulfilled their relevant tax obligations.

Art. 28 of the Presidential Directive No. 1/2017 mandates that the Tender Acceptance and Evaluation Committee shall evaluate each of the technical proposals for public procurement in accordance with some standards, including the inclusion of local experts among the senior experts for the tasks to be assigned.

Myanmar is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.

Section 3 of the State-Owned Economic Enterprise Law No. 9/89 stipulates that certain activities, including telecommunications services, are reserved exclusively for the State. However, the Government retains the authority to permit, via notification, the execution of these reserved activities through joint ventures between the Government and other individuals or economic organisations. It has been observed that the Government frequently grants exceptions to the exclusive rights of SOEs in various economic sectors, including telecommunications, by allowing joint ventures or issuing special licenses.