KUWAIT
Since April 2021
Pillar Domestic data policies |
Sub-pillar Requirement to perform a Data Protection Impact Assessment (DPIA) or have a data protection officer (DPO)
Data Privacy Protection Regulation, No. 42 of 2021
(الهيئة العامة للاتصالات وتقنية المعلومات قرار رقم 42 لسنة 2021 بشان لائحة حماية خصوصية البيانات)
(الهيئة العامة للاتصالات وتقنية المعلومات قرار رقم 42 لسنة 2021 بشان لائحة حماية خصوصية البيانات)
According to the Data Privacy Protection Regulation, the communications and information technology service provider is obliged to appoint a data protection officer. Art. 7.4 states that the service provider should keep records of processing activities provided that such records include, among other information, the name and contact details of the data protection officer. On the other hand, the service provider must provide (to users) 24-hour communication with the data protection officer in relation to all issues related to the processing of their personal data and the exercise of their rights under these regulations (Art 7.12). In addition, the service provider must, within a period not exceeding 72 hours following its knowledge of a breach of personal data, provide a notification to the authority. The notification should include, among other information, the name and mechanism of communication with the data protection officer (Art. 8).
A communications and information technology service provider is defined as a natural or legal person who provides communications and information technology services in Kuwait and who provides, manages, establishes, and creates a public communications network, operates a website, smart application or cloud computing services, collects or processes personal data or directs another party that collects and processes personal data on its behalf through information centres that they own or use directly or indirectly.
A communications and information technology service provider is defined as a natural or legal person who provides communications and information technology services in Kuwait and who provides, manages, establishes, and creates a public communications network, operates a website, smart application or cloud computing services, collects or processes personal data or directs another party that collects and processes personal data on its behalf through information centres that they own or use directly or indirectly.
Coverage Communications and information technology service providers
KUWAIT
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Kuwait's law and jurisprudence.
Coverage Horizontal
KUWAIT
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place for any activity other than copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Kuwait's law and jurisprudence.
Coverage Horizontal
KUWAIT
Since June 2015, entry into force in July 2015
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 63 of 2015 regarding Anti-Information Technology Crime
Art. 4.4 of Law No. 63 of 2015 on Anti-Information Technology Crime prescribes imprisonment and a fine for anyone who establishes a website, publishes, produces, prepares, creates, sends, or stores information or data intended to be used, distributed, or displayed via the Internet or an information technology device in a manner that harms public morality, or who manages a location for such purposes.
Coverage Horizontal
KUWAIT
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Kuwait imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners to activate a new prepaid SIM card.
Coverage Telecommunications sector
Sources
KUWAIT
Since February 2016
Pillar Intermediary liability |
Sub-pillar Monitoring requirement
Law No. 8 of 2016 regarding the regulation of electronic media
In accordance with Art. 17 of Law No. 8, the manager in control of a website or electronic media outlet is responsible for any prohibited or violating content on the respective website or electronic media outlet/platform under the law. Therefore, the manager is responsible for observing accuracy and credibility in all publications of news, information or data. Electronic media is defined in Art. 1 as “activity which includes the publication or transmission of materials, activities or media services of electronic content that are produced, developed, updated, circulated, transmitted, published or penetrating it through the international information net (the internet) or any other communications net.”
Coverage Electronic media
Sources
- https://web.archive.org/web/20230407041517/https://elaw.media.gov.kw/Files/Rules/139.pdf
- https://web.archive.org/web/20220128000735/https://www.kuwaittimes.com/law-no-8-of-2016-regarding-the-regulation-of-electronic-media/
- https://web.archive.org/web/20230327012009/https://www.tamimi.com/law-update-articles/kuwait-applies-electronic-media-law/
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KUWAIT
Since June 2015, entry into force in July 2015
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Law No. 63 of 2015 regarding Anti-Information Technology Crime
Under Law No. 63 of 2015 regarding Anti-Information Technology Crime, the Commission for Information and Technology Regulatory Authority (CITRA) is authorised to oversee and block web content. CITRA describes this activity thusly: “The Communication and Information Technology Regulatory Authority (CITRA) receives requests to block web content that contradicts public interest. This includes public morals, the teachings of the Islamic faith, public order, and other prohibited content under the laws of the state of Kuwait.” News reporting suggests that the Kuwaiti authorities have disabled access to a variety of web content, including sites that link or provide access to copyright-infringing material.
Additionally, it has been reported that during the period from 2022 to 2023, the Ministry of Communications implemented measures to block websites deemed to "incite terrorism and instability" and mandated internet service providers to restrict access to sites that "violate the country's customs and traditions."
Additionally, it has been reported that during the period from 2022 to 2023, the Ministry of Communications implemented measures to block websites deemed to "incite terrorism and instability" and mandated internet service providers to restrict access to sites that "violate the country's customs and traditions."
Coverage Horizontal
KUWAIT
Since February 1977
Pillar Content access |
Sub-pillar Restrictions on online advertising
Decree Regulating Advertisement in Public Places
Under the Decree Regulating Advertisement in Public Places issued in February 1977, written advertisements and signs for public shops, in their various types, must be in Arabic. A translation in a foreign language can be added to the advertisement, provided that the largest part of the advertisement is allocated for writing in Arabic. The regulation applies to digital advertising as it defines advertising as "every means used to announce to the public or a group of people information about a certain commodity, commercial or industrial product or apparatus, machinery, commercial or industrial business, trade or profession, or any public or private service."
In addition, entities must obtain a permit to provide advertisement from the Municipality; for this, it is required to submit the documents confirming the approval of the other competent authorities and pay for insurance to be assessed by the Municipality. The permit indicates its validity period and the beneficiary's name, and it is not transferable.
In addition, entities must obtain a permit to provide advertisement from the Municipality; for this, it is required to submit the documents confirming the approval of the other competent authorities and pay for insurance to be assessed by the Municipality. The permit indicates its validity period and the beneficiary's name, and it is not transferable.
Coverage Advertising sector
KUWAIT
Since February 2016
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
Law No. 8 of 2016 regarding the regulation of electronic media
Law No. 8 of 2016 regulates all web-based publications, including electronic news services, bulletins, newspapers and television websites, and the like, as well as social media. Under the legislation, all these services must obtain a license from the government before they can operate. Those in existence had one year to comply with the law. According to Art. 1 of the law, electronic media is defined as any activity which includes the publication or transmission of materials, activities or media services of electronic content that are produced, developed, updated, circulated, transmitted, published or penetrating through the international information net (the internet) or any other communications net.
Coverage Web-based publications including electronic news services, bulletins, websites of newspapers and televisions and the likes as well as social media
Sources
- https://web.archive.org/web/20220901035248/https://www.kuwaittimes.com/law-no-8-of-2016-regarding-the-regulation-of-electronic-media//
- https://web.archive.org/web/20200109120619/https://www.kuna.net.kw/ArticleDetails.aspx?id=2513694&language=en
- https://web.archive.org/web/20241211134159/https://www.lexology.com/library/detail.aspx?g=8e1777b8-043f-4793-ab2d-2ef3c2e361d7
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KUWAIT
Since November 1964
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Import Law No. 43 of 1964
Art. 1 of Law No. 43, which requires a licence for the importation of all goods, states that the right to import goods, materials and equipment is limited to Kuwaiti citizens; Kuwaiti partnerships if all partners are Kuwaiti citizens; joint stock and limited liability companies if Kuwaitis hold 51% or more of the total capital.
Coverage Horizontal
KUWAIT
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Communication and Information Technology Regulatory Authority (CITRA), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231129160641/https://www.citra.gov.kw/sites/en/Pages/AboutUs.aspx
- https://web.archive.org/web/20220126163822/https://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=99822&p_country=KWT&p_count=311
- https://web.archive.org/web/20250310122455/https://datahub.itu.int/data/?i=100088&s=3109&e=KWT
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KUWAIT
Since December 1992
Since April 2016
Since April 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the application process for patents
GCC Patent Regulation Decree and By-Law of 1992
Kuwait Patent Law No. 71 of 2013
Kuwait Patent Law No. 71 of 2013
Following the implementation of Patent Law No. 71 2013 and implementing Regulations 115/2016, the Kuwaiti Patent Office stopped accepting national patent applications in 2016. The patent regime reflects the regime in place under the Gulf Cooperation Council (GCC). Patents are granted by the GCC Patent Office to the owner of the invention under the GCC Patent Regulation Decree and By-Law of 1992 and are valid in all the states of the GCC. A patent is granted to an invention that is new, innovative, and industrially applicable. On top of that, it must not contradict the rules of Islam, public order, or public ethics in the GCC states, whether this relates to products, manufacturing operations or manufacturing methods. A patent applicant filed by a non-GCC resident must appoint a registered agent who is a resident of the GCC to represent them in carrying out their activities (Art. 6). Furthermore, the official language in all GCC states is Arabic. No other language is accepted.
Coverage Horizontal
KUWAIT
Since September 2016
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Kuwait is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
KUWAIT
Since August 2019
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Copyright and Related Rights Law
Kuwait has a copyright regime under the Copyright and Related Rights Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Art. 31 lists the exceptions, which include citing paragraphs of that work in another work, provided that the citation is in line with current practice and is not essential and to the extent justified by the desired goal, and mentions the source and the name of the author, and this applies to press abstracts transferred from newspapers and periodicals; transfer of short excerpts from previously published works, drawings, photographs, designs or maps to textbooks prepared for the curricula and to history, literature and the arts, provided that such transfer shall be as necessary, provided that the source and the name of the author are mentioned; among others.
Coverage Horizontal
KUWAIT
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Kuwait has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal