Snapshot: cloud computing regulation in Bangladesh

Legislation and regulation

Is cloud computing specifically recognised and provided for in your legal system? If so, how?

Cloud computing is not yet expressly mentioned as a commercial, technological or operational concept in our legal system.

Does legislation or regulation directly and specifically prohibit, restrict or otherwise govern cloud computing, in or outside your jurisdiction?

There is no legislation or regulation that directly and specifically prohibits, restricts or otherwise governs cloud computing, in (onshore) or outside (offshore) Bangladesh. Bangladesh is not part of the EU and, as such, EU laws do not have any direct effect in our jurisdiction.

What legislation or regulation may indirectly prohibit, restrict or otherwise govern cloud computing, in or outside your jurisdiction?

Section 35 of the Bangladesh Telecommunication Regulation Act, 2001 (the 2001 Act) sets out the circumstances under which one needs licence from the Bangladesh Telecommunication Regulatory Commission (BTRC). Section 35 of the 2001 Act, inter alia, provides as follows:

Requirement for licence for telecommunication, internet etc - (1) Subject to subsection (3), no person shall, without a licence:

(a) install or operate a telecommunication system in Bangladesh or undertake any construction work of such system;

(b) provide in Bangladesh or to any place outside Bangladesh any telecommunication service;

(c) undertake any construction work for providing internet service or install or operate any apparatus for such service.

(Unofficial translation)

The term ‘telecommunication’ has been defined in section 2(11) of the 2001 Act to mean transmission and reception of any speech, sound, sign, signal, writing, visual image or any other intellectual expression by way of using electricity or electro-magnetic or electro-chemical or electro-mechanical energy through cable, pipe, radio, optical fibre or other electro-magnetic or electro-chemical or electro-mechanical or satellite communication system.

Although the aforesaid provisions may be interpreted as indirectly covering cloud computing, on contacting BTRC on a no-name basis, we were informed that cloud computing service does not require a licence under these provisions.

Bangladesh is not a part of the EU and, as such, EU laws do not have direct effect in our jurisdiction.

What are the consequences for breach of the laws directly or indirectly prohibiting, restricting or otherwise governing cloud computing?

Not applicable.

What consumer protection measures apply to cloud computing in your jurisdiction?

There are no specific consumer protection measures that apply to cloud computing in Bangladesh.

Describe any sector-specific legislation or regulation that applies to cloud computing transactions in your jurisdiction.

There is no sector-specific legislation that applies to cloud computing transactions in Bangladesh.

Outline the insolvency laws that apply generally or specifically in relation to cloud computing.

The insolvency laws in Bangladesh do not expressly deal with bankruptcy of a cloud computing supplier. Therefore, the general bankruptcy laws would be applicable. Bankruptcy in Bangladesh is primarily governed by the Bankruptcy Act 1997. The Act makes provision for, inter alia, the order of preferential payments from the distributable assets of the bankrupt, management of distributable assets, appointment of receiver and so on.