Database

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GUYANA

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection regime
Guyana does not have data protection law in place, however there is a Data Protection Bill from 2023 that is pending approval.
There are certain regulations in the financial sector related to data protection, namely:
- The Financial Institutions Act of 1995;
- The Anti-Money Laundering;
- The Countering the Financing of Terrorism Act No. 13 of 2009;
- The Credit Reporting Act of 2010.
Coverage Horizontal

GUYANA

Since December 1998

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Security Industry Act
According to Art. 8 of the Security Industry Act, registered security holders shall preserve accounting records for six years.
Coverage Financial sector

GUYANA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Guyana's law and jurisprudence.
Coverage Internet intermediaries

GUYANA

N/A

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Guyana's law and jurisprudence.
Coverage Internet intermediaries

GUYANA

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Mandatory SIM card registration
It is reported that Guyana imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners.
Coverage Telecommunications sector

GUYANA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUYANA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Agency, the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

GUYANA

Since June 2010

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Credit Reporting Act 2010
According to Art. 18 of the Credit Reporting Act 2010, credit reporting agencies may only store and retain the data collected in another country, provided they have the Bank of Guyana's approval.
Coverage Financial sector

GUYANA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guyana is not a party to the World Trade Organization (WTO) Agreement on Government Procurement nor does it have observer status.
Coverage Horizontal

GUYANA

Since March 2004
Since May 1995
Since March 1919, last amended in 2000

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Maximum foreign equity share
Investment Act 2004

Companies Act

Business Names (Registration) Act
According to Art. 12 of the Investment Act, an investment company may be wholly owned by foreign or domestic investors. According to Art. 5 of the Companies Act, incorporating in Guyana does not have residency requirements, but according to Art. 312 external companies must register with the government to conduct business in the country. According to the Business Registration Act, Guyanese companies must use the real surnames of the incorporators or be registered with the government.
Coverage Horizontal

GUYANA

Reported in 2022, last reported in 2024

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Reported mechanism for investment screening
It has been reported that the Government of Guyana administers an investment screening mechanism through the Guyana Office for Investment (GOINVEST). Under this framework, GOINVEST prepares investment agreements, which are subsequently reviewed by the Guyana Revenue Authority (GRA). Final approval of the investment agreement is granted by the Minister of Finance, contingent upon the GRA's approval. In some cases, investments in specific industries may require additional approval from the relevant ministries.
Coverage Horizontal

GUYANA

Reported in 2022, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of proper enforcement of IPRs
It is reported that even with a completed registration, no effective enforcement mechanisms exist to protect intellectual property rights.
Coverage Horizontal

GUYANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Guyana is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GUYANA

Since November 1956, as amended in January 1966

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
The Copyright Act, 1956
Guyana has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 6-10 of the Copyright Act (amended by the Copyright (British Guiana) Order, 1966) establishes the exceptions, which include purposes of research, private study, criticism or review, among others.
Coverage Horizontal

GUYANA

Reported in 2022, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
Guyana has laws governing intellectual property rights and patents. However, a lack of enforcement offers limits safeguards in practice and allows for the relatively uninhibited distribution and sale of illegally obtained content.
Coverage Horizontal

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