Law note · Brunei Darussalam
Personal Data Protection Order 2025, comprehensive regime
What it requires
- Brunei's Personal Data Protection Order 2025 has been in effect since 1 January 2026 for Parts 3 to 9, section 42, and Schedules 1 to 5, the commencement date Government Gazette No. S 11/2025 directly confirms. An app that collects, uses, or discloses the personal data of a person in Brunei, including a voiceprint, faceprint, or other biometric identifier, since the Order draws no sensitive-category distinction, must obtain the individual's consent or rely on a Schedule 1, 2, or 3 consent-free basis before processing.
When LexLint raises it
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What we found
Brunei's Personal Data Protection Order 2025 was made under Article 83(3) of the Constitution and gazetted 8 January 2025, but its own section 1(1) commences it only on a date appointed by ministerial notification, with different provisions able to commence on different dates.
Section 2 defines personal data as any data about an identifiable individual, with no sensitive-category tier, and section 8 (Part 4, Division 1) requires an organisation to obtain consent before collecting, using or disclosing personal data, subject to Schedule 1 and Schedule 2 consent-free bases and Schedule 3 additional bases.
Section 3(2) imposes direct duties on organisations with reduced pass-through duties on data processors, and the Authority for Info-communications Technology Industry of Brunei Darussalam (AITI) administers the Order under Part 2.
Government Gazette No. S 11/2025, read directly, confirms the Minister of Transport and Infocommunications appointed 1 January 2026 as the commencement date for Parts 3 to 9 (which includes section 8's consent duty), section 42, and Schedules 1 to 5; sections 2 and 3 sit in Part 1 (Preliminary), whose own commencement is referenced by the same notification as an earlier, separately-appointed date not independently located this pass, though a definitional Part necessarily has practical effect once the Parts that depend on it are in force.
Primary source
official gazette text
Attorney General's Chambers of Brunei Darussalam (agc.gov.bn), via an Internet Archive capture since the origin host's TLS certificate has expired