The sector is regulated by the Communication and Information Technology Regulatory Authority, established by Law No. 37 of 2014. Contracting and signature by electronic means are governed by the Electronic Transactions Law, Law No. 20 of 2014, and offences committed by electronic means by Law No. 63 of 2015.
We advise on CITRA licensing and the conditions attaching to it, on the Cloud Computing Regulatory Framework and where data may lawfully be hosted, on infrastructure, interconnection and spectrum arrangements, on content and platform obligations, and on the notification duties that follow a security incident.
Our commercial work covers software development and licensing, software as a service and subscription terms, systems integration and implementation contracts, data centre and hosting agreements, reseller and channel arrangements, service levels and remedies, source code escrow, and the allocation of intellectual property and liability between supplier and customer. We act in the disputes that follow a failed implementation, where the question is almost always what was promised on scope and acceptance rather than what the technology did.
Kuwait has not yet enacted legislation dedicated to artificial intelligence. Until it does, the obligations attaching to an AI system are those found in the general law: the Civil Code on contract and liability, the copyright regime on the ownership of inputs and outputs, the applicable sectoral data rules on the material used to train or prompt a system, and the requirements of the Central Bank of Kuwait or the Capital Markets Authority where a supervised entity deploys one. We advise on the procurement and deployment of AI systems, on internal use policies and staff obligations, on the contractual allocation of responsibility for output, and on the position a Kuwaiti regulator is likely to take while legislation is awaited.