Database

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GUINEA-BISSAU

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Guinea-Bissau 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

GUINEA-BISSAU

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Guinea-Bissau 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

GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that import activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Import activities

GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that export activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Export activities

GUINEA-BISSAU

Since May 2010

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 5/2010 of 27 May - Basic Information and Communications and Technologies Law (Lei No. 5/2010 de 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
Art. 106 of Law No. 5/2010 provides that the Autoridade Reguladora Nacional (ARN, National Regulatory Authority) is responsible for determining the approval of equipment used in the provision of information and communications services to interconnect or operate telecommunications systems and terminal equipment. The ARN's approval determinations may be conferred under the terms of this Law No. 5/2010 or in certificates granted by the ARN or by competent organisations authorised by the ARN. Terminal equipment intended to be connected to a network open to the public must be approved by the ARN. In any case, approval is always required in the case of radio installations, whether or not they are intended to be connected to a public network.
As the standards and technical regulations approved at the West African Economic and Monetary Union (WAEMU) level, as well as the community accreditation system, apply in Guinea-Bissau, the conformity of imported goods with technical regulations can be certified by an accredited laboratory, with a certificate of conformity mark as proof. The Scheme for the Harmonization of Accreditation, Certification, standardisation and Metrology Activities within WAEMU is based on the principle of mutual recognition among Member States at three levels: recognition of technical regulations, national standards and specifications, recognition of conformity assessment procedures and their results. Support for achieving consistency of national regimes is provided by three technical structures, one of which is the West African Accreditation System (SOAC). The purpose of introducing the SOAC was to give Member States a single organisation for accrediting conformity assessment bodies (laboratories, inspection bodies and certification bodies). The SOAC signed a Mutual Recognition Agreement with the African Accreditation Cooperation (AFRAC) and the International Laboratory Accreditation Cooperation (ILAC) in May 2022.
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Guinea-Bissau does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation under Arts. 70.c and 74.c of Law No. 5/2010 of May 27th - Basic Information and Communications and Technologies Law (Lei No. 5/2010 of 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação).
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Guinea-Bissau has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUINEA-BISSAU

Since May 2010

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 5/2010 of 27 May - Basic Information and Communications and Technologies Law (Lei No. 5/2010 de 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
The telecom regulating body of Guinea-Bissau (Autoridade Reguladora Nacional - ARN) is independent in the exercise of its functions according to Art. 7 of Law No. 5/2010.
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Guinea-Bissau has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Guinea-Bissau does not have a comprehensive regime in place for personal data, but it has implemented some limited sectoral regulations. Under Art. 8(d) of the Interconnection Regulations (Decree No. 13/2010 of 27 May) applicable in the telecom sector, the interconnection must ensure the protection of data, including the protection of personal data and the confidentiality of transmitted or archived information.
Coverage Horizontal

GUINEA-BISSAU

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 Guinea-Bissau's law and jurisprudence.
Coverage Internet intermediaries

GUINEA-BISSAU

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 Guinea-Bissau's law and jurisprudence.
Coverage Internet intermediaries

GUINEA-BISSAU

Since November 2013

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Decree No. 22/2013 of 13 November - Subscribers of Mobile Telecom Network Regulations (Decreto No. 22/2013 de 13 de Novembro - Regulamento para Identificação de Assinantes das Redes de Telecomunicações Móveis do País)
According to Arts. 3 and 5 of Decree No. 22/2013, anyone wishing to subscribe to mobile cellular telecommunications services (including the acquisition of SIM cards) is obliged to identify themselves by registering their names and national identification numbers before the telecommunications operators.
Coverage Mobile telecommunications services

GUINEA-BISSAU

Reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The indicator "6.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 3 in Guinea-Bissau for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

GUINEA-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Guinea-Bissau does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 States, including Guinea-Bissau in 2002.
Coverage Horizontal

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