TAJIKISTAN Law and Practice Contributed by: Farhad Azizov and Shavkat Akhmedov, AAA Law Offices
11.3 Data Protection and Privacy Considerations Key Rules and Compliance
restricted information, but ordinary IP rights generally do not trigger heightened FDI scrutiny. 11.2 Intellectual Property Protections Scope and Enforcement Tajik law protects proprietary and moral IP rights, enforceable against third parties. Ownership of IP is independent from ownership of physical media; acquiring a tangible item does not confer IP rights unless the law provides otherwise. Legal limits on IP rights cannot undermine normal exploitation or moral rights. Protection includes defence against destruction, theft, copying, falsification, leakage, modification, or infringement of rights. While no sector-wide restric - tions exist, restricted information is subject to addi - tional controls. Investment risk insurance can cover expropriation-like measures, currency restrictions, and force majeure events, supporting IP-related investment without changing the substantive IP rights.
The Law on Protection of Personal Data and the Law on Information Protection govern collection, process - ing, access, and transfer of personal and sensitive data. Processing is generally consent-based and purpose-limited. Data subjects have rights to access and correct information, while restricted categories require state authorisation or legally defined purposes. Foreign investors operating in Tajikistan or access - ing restricted information must comply. Enforcement focuses on state oversight, licensing, certification of protection measures, and administrative penalties, with controls applied via licensing and access restric - tions rather than financial multipliers.
633 CHAMBERS.COM
Powered by FlippingBook