Database

For private companies with two directors, at least one must have resident status in Brunei (or at least two directors where there are more than two directors).

According to the World Trade Organization 2015 Trade Policy Review of Brunei, the Authority for Info-Communications Technology Industry implemented policies which require that telecommunication licensees are locally majority-owned or controlled.

Brunei is not a signatory to the WTO Agreement on Government Procurement.

All government procurement is conducted by Ministries, Departments, and the State Tender Board of the Ministry of Finance. Most invitations for tenders or quotations below BND 250,000 (approximately USD 200,000) are published in a bi-weekly government newspaper, but they are often selectively tendered only to locally registered companies. Some ministries and departments publish tenders on their individual websites. Foreign firms can participate in the tenders individually, but are advised by the government to form a joint venture with a local company. Furthermore, a project performance bond is required at the tender approval stage to guarantee the delivery of a project in accordance with the project specifications. The bond is returned to the companies involved after the project is successfully completed.

Peru has not adopted UNICTRAL model law on e-commerce, although it has adopted the model law on e-signatures.

The importation, manufacturing, construction, marketing and use of telecommunications equipment and/or appliances that are connected to a public telecommunications network in order to provide any telecommunications service and/or are used for radio broadcasting require approval. The approval procedure is carried out by the Peruvian Government through the Ministry of Transport and Communications (MTC). The purpose of approval certificates is to avoid electromagnetic interference and ensure electromagnetic compatibility of the Peruvian spectrum.

This approval is subject to the payment of a processing fee and applicants must submit a copy of the technical manual with specifications for the equipment or appliance to be approved, indicating the mark, model, and name and address of the manufacturer. In a case of domestically produced telecommunications equipment or appliances, measurements and/or technical verifications are conducted.

Moreover, products that utilize radiofrequency, cellular, satellite technologies and/or have a plain old telephone service (POTS) connection can be homologated with the use of existing outside test reports. Peru recognizes approval certificates or similar documents from the United States and/or Canada as equivalent to its own approval certificates.

The Free Trade Agreement between Peru and the United States and the EU-Andean Community Free Trade Agreement have miscellaneous rules concerning Internet Services Providers (ISPs) liability. However, the national implementation of intermediate liability rules for services providers is still pending with no clear schedule.

Following Decree No. 1353. issued in January 2017, data controllers have new obligations to notify any new data processors or data transfers that result from a company’s mergers and acquisition. Additionally, database owners must now inform the data subject of the identity of the data processors that he or she hires as well as any changes in processor that occur. For example, if a company decides to outsource the management of its customer database, it must inform its customers of the identity of the supplier that will take charge of the management of this aspect of the database.

The Personal Data Protection Law grants to the subject the right to access, rectify, update, include, cancel and/or eliminate their data, as well as the right to object to the processing of such data.

Telecom providers in Peru are required to retain "user data derived from telecommunication" for one year in a system which allows real time access to authorities and for two additional years with any other storage procedure.

The data holder generally must abstain from making transfers of personal data if the destination country does not offer 'adequate protection levels', which are equivalent to those offered by the Personal Data Protection Law or in international standards.

If the destination country fails to offer adequate protection levels, the controller must guarantee that the treatment of personal data meets such requirement (for example, via a written agreement). This guarantee is not necessary if the owner of the personal data has given its prior, informed, express and unequivocal consent to the transfer or if other exceptions apply.

Moreover, any cross border data transfers must be reported to the Peruvian Data Protection Authority.

There are no official labour market tests required. However, Article 1 of the Legislative Decree 689 states that notwithstanding their activity or nationality, preference for hiring is given to national workers.

As a general rule, for intra-corporate transferees (ICT), contractual service suppliers (CSS) as well as independent service suppliers (ISS), foreign workers must not exceed 20% of all personnel. Additionally, the total remuneration received by foreign workers must not exceed 30% of the total payroll. Exceptions to these limits may be made in the case of professionals and specialized technical staff, or for management staff for a new business activity or corporate restructuring or reorganization. See also articles 3 and 5 of the Legislative Decree 689.

The Peruvian telecommunications market was liberalized in 1993 by means of the Decree No. 013-93. Nonetheless, the access to the last mile of copper fiber is still owned by the incumbent, Telefonica.