Database

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NEPAL

Since March 2017, last amended in February 2018

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
Online Media Operation Directive, 2073 (अनलाइन सञ्चारमाध्यम सञ्चालन निर्देशिका, २०७३)
According to Section 3 of the Online Media Operation Directive, online news companies are required to be registered with the Department of Information and Broadcasting to operate.
Coverage Online news

NEPAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Nepal has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

NEPAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Nepal Telecommunications Authority (NTA), 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

NEPAL

Since March 2023

Pillar Cross-border data policies  |  Indicator Ban to transfer and local processing requirement
IoT/ M2M Regulatory Framework, 2079
Section 9.4 of the IoT/M2M Regulatory Framework stipulates that personally‑indefinable information (that is, data that cannot be used to identify a specific individual) must be stored exclusively within Nepal. Moreover, at least one copy of all relevant data must be stored within Nepal. However, the provision does not specify what 'relevant data' is. Furthermore, the same provision encourages 'complete data localisation', which is also not clarified.
Coverage IoT/M2M providers

NEPAL

Since June 1995, as amended in March 2022

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
National Broadcasting Regulation, 2052 (राष्ट्रिय प्रसारण नियमावली, २०५२)
Pursuant to Rule 7A of the National Broadcasting Regulation, licensed over-the-top (OTT) operators offering services to customers or generating revenue within Nepal are obligated to establish a cache server in Nepal. These operators are required to register customers on a server located in Nepal before granting access to their content and must retain detailed customer information. Additionally, all transaction records must be securely stored on a Customer Management System Server. However, the regulation does not clearly define the term "Customer Management System Server" or specify whether such a server must be physically situated within Nepal and directly managed by the OTT service providers. The regulation defines OTT as the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms utilising internet connectivity
Coverage Over-the-Top service providers

NEPAL

Since January 2025, entry into force in January 2025

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
Data Center and Cloud Service (Operation and Management) Directives, 2081 (2025) (डाटा सेन्टर र क्लाउड सेवा (सञ्चालन र व्यवस्थापन) निर्देशन, २०८१ (२०२५))
Section 3.7 of the "Data Center and Cloud Service (Operation and Management) Directives, 2081 (2025)" provides that, in the context of government data centres and cloud service provision, the security agencies of the government of Nepal are mandatorily required to use data centre and cloud services operated by the Integrated Data Management Center. According to its official website, the Integrated Data Management Centre operates under the Department of Information Technology and serves as the government of Nepal's implementing agency. Furthermore, Section 3.9 stipulates that, upon the commencement of the Directives, government bodies operating data centres and cloud services on a departmental or agency basis shall transfer such facilities to the government data centre within the timeframe specified by the steering committee; however, where a government body submits a request, supported by sufficient justification, to operate a primary or secondary site, the steering committee may grant consent for the operation of such a site based on its suitability.
Coverage Public sector

NEPAL

Since September 2018

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Individual Privacy Act, 2075 (वैयक्तिक गोपनीयता सम्बन्धी ऐन, २०७५ )
Section 12.4 of the Privacy Act requires the consent of the data subject for the disclosing, making public, or transferring of the following data: details relating to a medical examination; details relating to property and income; further information relating to employment; details relating to family matters; biometric data and fingerprints; signatures or electronic signatures; further information concerning the political affiliation and voting; and further information about profession and business. The term 'transfer' may signify the transfer of personal data outside Nepal, thereby requiring specific consent from the individual. However, there is no clear evidence about the applicability of this requirement to cross-border data transfers.
Coverage Horizontal

NEPAL

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

NEPAL

N/A

Pillar Domestic data policies  |  Indicator Framework for data protection
Lack of comprehensive data protection law
Nepal lacks a comprehensive data protection regime. Nevertheless, the Individual Privacy Act 2075 (वैयक्तिक गोपनीयता सम्बन्धी ऐन, २०७५ ) enforces the constitutional right to privacy, incorporating provisions on the collection, storage, and disclosure of data, and mandates individual consent before the collection of personal information. Privacy in Nepal is further governed by the Individual Privacy Regulation 2077 (2020), which regulates the implementation of the Privacy Act, and the Data Act 2079 (2022), which regulates the generation, management, storage, and publication of data, delineating the responsibilities of data controllers, producers, and users.
Coverage Horizontal

NEPAL

Since June 1995, as amended in March 2022

Pillar Domestic data policies  |  Indicator Minimum period for data retention
National Broadcasting Regulation, 2052 (राष्ट्रिय प्रसारण नियमावली, २०५२)
Rule 8 of the National Broadcasting Regulation stipulates that Over-the-Top (OTT) service providers must maintain a record of the programmes they transmit for a minimum of 60 days. In addition, these records must be made accessible to the Ministry of Communications and Information Technology and other governmental authorities for investigations. The term "OTT" refers to the broadcasting of content on demand via the internet, encompassing media streaming services delivered through various platforms that utilise internet connectivity.
Coverage Over-the-Top (OTT) service providers

NEPAL

Since December 2006

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Electronic Transactions Act, 2063 (2008) (विद्युतीय (इलेक्ट्रोनिक) कारोबार ऐन, २०६३)
The Electronic Transactions Act establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 43, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content, knowing it contravenes the law.
Coverage Network service providers

NEPAL

N/A

Pillar Intellectual Property Rights (IPRs)  |  Indicator Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Nepal lacks a comprehensive regime for the protection of trade secrets. However, the Industrial Enterprises Act, 2076 (2020) contains general provisions that protect intellectual property, including trade secrets.
Coverage Horizontal

NEPAL

Since December 2006

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Transactions Act, 2063 (2008) (विद्युतीय (इलेक्ट्रोनिक) कारोबार ऐन, २०६३)
The Electronic Transactions Act establishes a safe harbour regime beyond intermediaries for copyright infringements. According to Art. 43 of the Act, network service providers are not subject to criminal or civil liability arising from third-party content. The only exception is if the network service provider publishes the content knowing it contravenes the law.
Coverage Network service providers

NEPAL

N/A

Pillar Telecom infrastructure & competition  |  Indicator Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
It is reported that there is no obligation for passive infrastructure sharing in Nepal to deliver telecom services to end users. However, passive infrastructure sharing is practised in both the mobile and fixed sectors based on commercial agreements.
It is further reported that the relevant legal framework is set out in the Telecommunications Infrastructure Sharing and Fee Determination Bylaw, 2078, and the Infrastructure Sharing Guideline, 2072. However, English versions of these instruments are not publicly available.
Coverage Telecommunications sector

NEPAL

Reported in 2021, last reported in 2025

Pillar Intermediary liability  |  Indicator User identity requirement
Mandatory SIM card registration
It is reported that Nepal 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

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