Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 1 - Jan/Feb/Mar 2021
 

Key Aspects of Cambodia's New Sub-Decree on National Internet Gateway

On 16 February 2021, the Royal Government of Cambodia issued Sub-Decree No. 23 on the Establishment of National Internet Gateway ("Sub-Decree"). The Sub-Decree aims to facilitate and manage internet connections for the enhancement of effective and efficient national revenue collection, protection of national security, and assurance of social order, culture, and tradition.


Sub-Decree contains 11 chapters and 20 articles. The National Internet Gateway ("NIG") includes the Domestic Internet Exchange ("DIX") and the International Internet Gateway ("IIG"). The operator of the NIG ("NIG Operator") shall apply for and obtain a licence from the Telecommunication Regulator of Cambodia ("TRC"). Both the DIX and IIG must be operated in Phnom Penh, Sihanoukville Province, Poi Pet City, and Bavet City, and other areas to be identified by the Ministry of Post and Telecommunications ("MPTC"). Any approval/permit on the cross-border physical connection issued prior to 16 February 2021, which is the effective date of the Sub-Decree, shall be abrogated after 12 months from such effective date of the Sub-Decree, except the rights granted under the Licence of the Operation of International Telecommunications Gateway and the Licence of Submarine Cable Landing Station Operation.


The Sub-Decree also requires NIG Operators to cooperate with relevant authorities in ensuring that national revenue collection, safety, public order, dignity, culture, tradition and societal customs are maintained. To this end, NIG Operators are required to monitor traffic data consistently and submit traffic data reports to MPTC and TRC on a regular basis.


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Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

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