Marketing Laws in Cambodia

Key Points to Consider

Unfair Competition

• The law prohibits acts that create confusion with a competitor’s establishment, goods, or services
• False allegations against a competitor are also prohibited
• Indications of mark use that mislead the public about product characteristics are not allowed

Telecom Law

• Prohibits activities against fair, free, equal, and effective competition in the telecommunications market
• The Telecommunications Regulator of Cambodia (TRC) monitors, oversees, and evaluates lawful and fair competition

Regulations on Website Publications and Social Media Networks

• Prakas 170: prohibits any publication or news content that creates turmoil and undermines national defense, security, relations with other countries, national economy, public order, discrimination, or national culture and tradition.

Advertising Regulations

• Prakas 340: advertisements on mass media (radio, TV, cable TV, MMDS, newspaper, magazine, bulletin, poster, billboard, calendar, business sign posted in public place or on vehicle, broadcasting on mobile or fixed bullhorn) are allowed only with permission from the Ministry of Information.
• Letter 276: requires all mobile service operators to obtain approval from the TRC before carrying out any mobile phone advertisements.

E-Commerce Law

• Obligates organizations to provide clear and straightforward opt-out instructions when sending unsolicited marketing communications via electronic media, intermediary, or telecommunications service provider
• Consent is not necessary as long as each marketing communication has clear and straightforward opt-out instructions and the individual has not exercised their opt-out right previously.

Data Protection

• There are no specific penalties for violating the Constitution or Civil Code apart from potential civil claims by data subjects.
• Violating data protection obligations under the E-Commerce Law may result in imprisonment and fines.