Database

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EQUATORIAL GUINEA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Equatorial Guinea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

EQUATORIAL GUINEA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of UNCITRAL Model Law on Electronic Signature
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Equatorial Guinea has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

EQUATORIAL GUINEA

Since July 2016

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 1/2016 on the Protection of Personal Data (Ley No. 1/2016 de Protección de Datos Personales)
Art. 17 of the Law No. 1/2016 stipulates that any mechanism or system for storing, archiving, structuring and accessing citizens' personal data (referred to as "ficheros" in the law, that is "databases") may be created by private initiative only with the appropriate concession or administrative authorisation from the competent authority. In addition, according to Arts. 19 and 20, the project must be notified in advance to the Data Protection Authority, which must include the following information:
- The purpose of the database and its intended use;
- The persons or categories of persons from whom personal data are to be obtained or who are required to supply them;
- The address and location of the database;
- The basic and technical structure of the file and a description of the types of personal data it contains;
- The established procedure for obtaining personal data;
- The conditions governing the communication of personal data and their communication to third parties;
- The bodies or persons responsible for the database;
- The bodies to which the rights of access, rectification, cancellation and opposition may be exercised;
- The security measures in place, with an indication of the level applicable, whether basic, medium or high;
- The registration and notification data.
Coverage Horizontal

EQUATORIAL GUINEA

Reported in 2019, last reported in 2024

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Complaints about import licensing procedures
Equatorial Guinea requires licences for imports of goods valued at over 50,000 CFA francs (approx. USD 83). This must be done through an authorised bank and pre-shipment inspection is required for most goods. Companies in Equatorial Guinea have indicated that the need to obtain prior authorisations or licences for imports is one of the most cumbersome parts of the trade process and that licences have an ad valorem cost of up to 10% of the trade value.
Coverage Horizontal

EQUATORIAL GUINEA

Reported in 2019, last reported in 2023

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Local content requirements for the commercial market
It is reported that foreign investors must comply with local content rules, which vary by sector. A certain percentage of local content must be included in goods and technologies produced by companies with foreign investors. In addition, local content rules require that foreign workers not exceed 10 per cent of the total workforce. It is also reported that local content rules are applied inconsistently, creating disincentives for foreign investment.
Coverage Horizontal

EQUATORIAL GUINEA

Reported in 2019

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Export restrictions on ICT goods, products and online services
Export restrictions
It is reported that there is a requirement for prior authorisation or licences issued by the Ministry of Trade for all exports. Businesses in Equatorial Guinea have identified this requirement as the most cumbersome part of the trade process. All traders are also required to register with the Ministry of Trade. The country's export regulations and procedures also lack transparency, and official trade data and information are not readily available. These challenges are reported to be problematic for shipping companies, small traders and traders of non-traditional products.
Coverage Horizontal

EQUATORIAL GUINEA

Since November 2005
Since September 2012

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Law No. 7/2005, General Telecommunications Law (Ley Núm. 7/2.005 General de Telecomunicaciones)

Ministerial Order No. 13/2012 approving the Regulation on the Approval of Telecommunication Equipment, Devices and Systems in the Republic of Equatorial Guinea (Orden Ministerial Núm. 13/2012 por la que se aprueba el Reglamento de Homologación de Equipos, Aparatos y Sistemas de Telecomunicaciones en la República de Guinea Ecuatorial)
Art. 18 of Law 7/2005 establishes that all telecommunications apparatus, terminals, equipment and systems require a certificate of approval for connection to the network and for the provision of any telecommunications service or activity, to be issued in the manner established by regulation of the Regulatory Authority. The same article stipulates that no telecommunications equipment or system may be imported or marketed in any manner whatsoever without the appropriate approval certificate. Within the framework of these legal provisions, the Regulation on the Approval of Telecommunications Equipment, Devices and Systems has been adopted in 2012.

Art. 2 of the Regulation on the Approval of Telecommunication Equipment, Devices and Systems in the Republic of Equatorial Guinea establishes the general regime, requirements, procedures, deadlines, characteristics and conditions for the approval of telecommunications equipment, apparatus and systems, as well as their installation in Equatorial Guinea with the objective to avoid electromagnetic interference and to ensure electromagnetic compatibility with other uses of the frequency spectrum. Art. 10 stipulates that the "Oficina Reguladora de las Telecomunicaciones (ORTEL)" may use the following mechanisms to carry out approval processes: technical tests carried out by ORTEL or homologation in laboratories accredited by ORTEL, if the equipment or device has not been subject to approval. If the equipment or device has been approved abroad, ORTEL will validate and certify the approval through the recognized certification of a third country. Art. 21 provides that ORTEL acknowledges the validity of technical specifications, certificates of conformity, or documents of compliance with international technical regulations from international organizations and laboratories listed in Annex II of the Regulation.
Coverage Telecommunications equipment, apparatus and systems

EQUATORIAL GUINEA

Since December 2018, entry into force in March 2019

Pillar Online sales and transactions  |  Sub-pillar Restrictions on online payments
Regulation No. 2/18/CEMAC/UMAC/CM regulating foreign exchange in CEMAC (Réglement N°2/18/CEMAC/UMAC/CM portant réglementation des changes dans la CEMAC)
Chapter I of Title II of Regulation No. 02/18/CEMAC/UMAC/CM of the Central African Economic and Monetary Community (CEMAC) provides that companies and individuals resident in CEMAC countries must obtain authorisation from the Bank of Central African States (BEAC) to hold offshore and onshore foreign currency accounts. If the BEAC does not act on the application within 30 days, it is deemed to have been approved. It is reported that these regulations force most companies to maintain their bank accounts in XAF rather than a foreign currency.
Coverage Horizontal

EQUATORIAL GUINEA

Reported in 2021, last reported in 2024

Pillar Online sales and transactions  |  Sub-pillar Threshold for ‘De Minimis’ rule
De minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 200.
Coverage Horizontal

EQUATORIAL GUINEA

N/A

Pillar Online sales and transactions  |  Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Equatorial Guinea lacks a comprehesive framework for consumer protection that applies to online transactions.
Coverage Horizontal

EQUATORIAL GUINEA

N/A

Pillar Online sales and transactions  |  Sub-pillar Ratification of the UN Convention of Electronic Communications
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Equatorial Guinea has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal

EQUATORIAL GUINEA

Since August 1980

Pillar Content access  |  Sub-pillar Restrictions on online advertising
Decree-Law No. 3/1980 (Decreto-Ley No. 3/1980)
As per Art. 11 of Decree-Law No. 3/1980, which approves the Advertising Statute, advertising agencies are defined as companies that are duly authorized to professionally engage on behalf of third parties in creating, planning, executing, or distributing advertising campaigns through any means of dissemination. Art. 16 specifies that individuals or entities intending to participate in advertising activities must meet the requirements set by the Secretariat of State for Information and Tourism. They are also required to adhere to regulatory standards and register in the General Advertising Registry under the Technical Secretariat of the Department of Information and Tourism.
Art. 17 outlines the conditions necessary to obtain the licence, including: (i) possession of the necessary capacity to engage in the trade; (ii) adoption of any of the constitutive forms of society for juridical persons; (iii) demonstration of necessary morality and proof of economic solvency.
Coverage Advertising sector

EQUATORIAL GUINEA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Equatorial Guinea has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments as it is not a member of the WTO.
Coverage Telecommunications sector

EQUATORIAL GUINEA

Since November 2005

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Law No. 7/2005, General Telecommunications Law (Ley Núm. 7/2.005 General de Telecomunicaciones)
Equatorial Guinea has a telecommunications authority: the Oficina Reguladora de las Telecomunicaciones (ORTEL). However, its decision-making process is not fully independent of the government. Art. 22 of Law 7/2005 establishes ORTEL as a technical advisory body on telecommunications matters, with its own legal personality, under the aegis of the Ministry responsible for telecommunications.
Coverage Telecommunications sector

EQUATORIAL GUINEA

Since July 2016

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
Law No. 1/2016 on the Protection of Personal Data (Ley No. 1/2016 de Protección de Datos Personales)
Arts. 27 and 28 of Law No. 1/2016 provide that organizations may not transfer any personal information to countries that fail to provide a legally equivalent level of protection, unless the transfer has been previously authorized by the Governing Body for the Protection of Personal Data or under some exceptions, such as consent or contractual necessity. It is reported that the Governing Body for the Protection of Personal Data has not yet been established and there is no list of legally equivalent countries.
Coverage Horizontal