Compliance and Data Protection: Navigating Bangladesh's ICT Act and GDPR

Data protection regulations are reshaping how organizations collect, process, store, and share personal information. For Bangladeshi companies operating in global markets—or handling data of international clients—navigating overlapping regulatory frameworks is both a legal obligation and a competitive differentiator. Understanding the intersection of Bangladesh's ICT Act 2006, the Digital Security Act 2018, and the EU's General Data Protection Regulation (GDPR) is essential for any organization processing personal data. At Nexis Limited, we help businesses implement compliant data handling practices that satisfy multiple regulatory requirements simultaneously.

Bangladesh's Regulatory Landscape

The ICT Act 2006 (amended 2013) provides the primary legal framework for electronic transactions and cybercrime in Bangladesh. Section 63 addresses unauthorized access to computer systems, while Section 66 covers identity fraud in electronic transactions. The Digital Security Act 2018 expanded on these provisions with specific penalties for unauthorized data collection, identity theft, and publication of defamatory or false information in digital media. While Bangladesh does not yet have a comprehensive standalone data protection law equivalent to GDPR, the proposed Data Protection Act aims to establish data subject rights, consent requirements, and breach notification obligations. Organizations should prepare for this legislation by implementing GDPR-aligned practices now.

The Proposed Data Protection Act

Bangladesh's upcoming data protection legislation is expected to introduce concepts familiar to GDPR practitioners: lawful bases for processing, data subject rights (access, rectification, erasure, portability), mandatory Data Protection Officers for certain organizations, data breach notification requirements, and cross-border data transfer restrictions. Organizations that proactively adopt these principles will face minimal disruption when the law takes effect and will gain a competitive advantage serving international clients who require regulatory compliance from their partners.

GDPR Essentials for Bangladeshi Companies

GDPR applies to any organization processing personal data of EU residents, regardless of where the organization is located. This means Bangladeshi IT companies developing software for European clients, processing European customer data, or providing SaaS services accessible from the EU must comply. Key GDPR requirements include: obtaining explicit consent for data processing, implementing data minimization principles, maintaining records of processing activities (ROPA), conducting Data Protection Impact Assessments (DPIAs) for high-risk processing, and notifying supervisory authorities within 72 hours of a data breach. Non-compliance penalties reach up to 4% of global annual turnover or EUR 20 million.

Privacy by Design and Default

GDPR Article 25 mandates privacy by design and default—embedding data protection into the design of systems and business practices from the outset, not bolted on afterward. Technically, this means implementing data encryption at rest and in transit, pseudonymization where possible, automated data retention and deletion policies, granular consent management that allows users to control specific processing purposes, and audit logging of all access to personal data. Database schemas should support data portability (export in machine-readable format) and the right to erasure (systematic deletion across all systems including backups).

Technical Compliance Implementation

Translating regulatory requirements into technical controls requires systematic planning. Data mapping—identifying what personal data you hold, where it's stored, how it flows, and who accesses it—is the essential first step. Implement access controls ensuring only authorized personnel can access personal data, with logging sufficient to demonstrate accountability. Encryption standards should meet current best practices: AES-256 for data at rest, TLS 1.2+ for data in transit, and proper key management through HSMs or cloud KMS services. Consent management systems must capture granular, timestamped consent records that demonstrate freely given, specific, informed, and unambiguous consent.

Data Breach Response

Both GDPR and emerging Bangladeshi regulations require timely breach notification. Implement technical detection capabilities—intrusion detection systems, database activity monitoring, DLP solutions—that enable rapid identification of data breaches. Maintain a documented breach response procedure that includes: assessment of breach scope and affected data subjects, determination of notification obligations based on risk to individuals, communication templates for supervisory authorities and affected individuals, and forensic evidence preservation procedures. Conduct tabletop exercises quarterly to ensure the response team can execute these procedures under pressure.

Compliance is not merely a legal checkbox—it represents a commitment to responsible data stewardship that builds trust with clients and partners. As Bangladesh's digital economy grows and regulations mature, organizations that invest in strong data protection practices today will be best positioned for tomorrow's requirements. Contact us to assess your compliance posture and implement data protection measures that align with both local and international standards.