YEMEN
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Yemen has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
YEMEN
Since April 2012
Pillar Domestic data policies |
Indicator Framework for data protection
Law No. 13 of 2012 regarding the Right of Access to Information
(قانون رقم (13 ) لسنة 2012م بشأن حق الحصول على المعلومات)
(قانون رقم (13 ) لسنة 2012م بشأن حق الحصول على المعلومات)
Law No. 13 of 2012 regarding the Right of Access to Information establishes a comprehensive framework for data protection in Yemen. It delineates individuals’ rights to access information, the corresponding obligations of organisations to uphold these rights, and the requirement for the appointment of a designated officer within organisations to oversee the collection and use of personal data. In addition, it prescribes security standards for safeguarding information and sets out specific organisational responsibilities regarding the handling of personal information.
Coverage Horizontal
Sources
- https://web.archive.org/web/20250716212542/https://yemenparliament.gov.ye/Details?Post=171
- https://web.archive.org/web/20210502160009/http://www.right2info.org/resources/publications/laws-1/laws_yemen
- http://web.archive.org/web/20250923025913/https://www.dataguidance.com/jurisdictions/yemen
- https://unctad.org/page/cyberlaw-tracker-country-detail?country=ye
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YEMEN
Reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The Public Telecommunications Corporation (PTC), which controls the national infrastructure backbone and the fixed-line network, is fully owned by the Ministry of Telecommunications and Information Technology (MoTIT). Through the PTC, the state holds a 75% share in TeleYemen, which provides international connectivity via submarine and terrestrial cables, as well as satellite links, along with web hosting, data transmission, domain name, and IP address services, and international voice communications. The government, through the PTC, is aòsp the sole owner of YemenNet, which provides fixed broadband, hosting and domain services, and data transmission. Furthermore, Yemen Mobile is majority state-owned (PTC 59%, other public stakeholders 17%, and private shareholders 23%) and offers both fixed and mobile broadband services. Finally, AdenNet, established in 2018, is fully owned by MoTIT–IRG (the part of MoTIT that operates under the Internationally Recognised Government) and provides wireless broadband and international calling services.
Coverage Telecommunications sector
YEMEN
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Yemen does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
YEMEN
Since April 1991, last amended in October 1996
Pillar Telecom infrastructure & competition |
Indicator Licensing restrictions to operate in the telecom market
Telecommunications Law No. 38/1991 Pertaining to Wired and Wireless Telecommunications
القرار الجمهوري بالقانون رقم (38) لسنة 1991م بشأن القانون الأساسي للاتصالات السلكية واللاسلكية
القرار الجمهوري بالقانون رقم (38) لسنة 1991م بشأن القانون الأساسي للاتصالات السلكية واللاسلكية
Yemen does not have a standardised licensing framework for telecommunications services. Law No. 38 of 1991 Pertaining to Wired and Wireless Telecommunications, which is the main law regulating the telecom sector, has reportedly become outdated and inadequate for regulating modern technologies and mobile services. According to Art. 23, no person may establish a wireless transmission station or install or operate any wireless equipment within the territory of Yemen unless duly authorised or licensed under the Law. However, there is no framework available to grant this authorisation. The law also establishes that the Ministry of Telecommunications and Information Technology (MoTIT) is responsible for ensuring the provision of telecommunications services throughout the Republic of Yemen, and it is empowered to license and authorise any natural or legal person to establish, operate, or use telecommunications networks within Yemen or between Yemen and other countries (Art. 3).
Since 2014, the country has experienced an administrative division of MoTIT, resulting in the coexistence of two separate governing authorities within MoTIT with overlapping mandates, namely the Internationally Recognised Government (IRG) in Aden and the De Facto Authorities (DFA) in Sana’a. Each authority has issued its own resolutions and decisions, such as the DFA’s Cabinet Resolution No. 7 of 2015 on mobile operator licensing and Decision No. 168 of 2016 on telecommunications numbering management, leading to inconsistent and at times conflicting regulatory practices within the country. This resulted in fragmentation and a lack of transparency. It is reported that private operators are regulated through individual, asymmetrical licensing agreements that are often outdated, inconsistently renewed, and issued without clear or transparent procedures, further contributing to regulatory uncertainty.
Since 2014, the country has experienced an administrative division of MoTIT, resulting in the coexistence of two separate governing authorities within MoTIT with overlapping mandates, namely the Internationally Recognised Government (IRG) in Aden and the De Facto Authorities (DFA) in Sana’a. Each authority has issued its own resolutions and decisions, such as the DFA’s Cabinet Resolution No. 7 of 2015 on mobile operator licensing and Decision No. 168 of 2016 on telecommunications numbering management, leading to inconsistent and at times conflicting regulatory practices within the country. This resulted in fragmentation and a lack of transparency. It is reported that private operators are regulated through individual, asymmetrical licensing agreements that are often outdated, inconsistently renewed, and issued without clear or transparent procedures, further contributing to regulatory uncertainty.
Coverage Telecommunications sector
Sources
- https://www.theigc.org/sites/default/files/2023-08/Fadhl%20and%20Sacchetto%20Final%20report%20February%202023_EN_0.pdf
- https://web.archive.org/web/20230907043350/http://www.yemen-nic.info/db/laws_ye/detail.php?ID=11317
- https://www.wto.org/english/thewto_e/acc_e/yem_e/wtaccyem4a1_leg_16.pdf
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YEMEN
Reported in 2021, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Local representative requirement for foreign applicants
It is reported that foreign patent applicants are required to file their applications through an attorney or agent registered in Yemen. Moreover, a power of attorney duly legalised by a Yemeni consulate must be submitted either at the time of filing or within two months from the date of filing the patent application in the country.
Coverage Horizontal
YEMEN
Reported in 2021, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Requirement to submit documents in local language
It is reported that all patent applications must be submitted in Arabic. The filing of patent applications in a foreign language is generally not permitted.
Coverage Horizontal
YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Yemen is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
YEMEN
Since July 2012
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 15 of 2012 on the Protection of Copyright and Related Rights
قانون حماية حق المؤلف والحقوق المجاورة
قانون حماية حق المؤلف والحقوق المجاورة
Yemen has a copyright regime under Law No. 15 of 2012 on the Protection of Copyright and Related Rights. However, the exceptions do not follow a fair use or fair dealing model, thereby limiting lawful third-party use. Arts. 40–46 list exceptions, including personal use (copying, translation, quotation, or TV viewing); library and educational copying for study, research, preservation, or replacement; and making a backup copy of computer software.
Coverage Horizontal
YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Yemen has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Yemen has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
YEMEN
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Yemen lacks a comprehensive legal framework providing effective protection of trade secrets, although limited provisions addressing certain aspects are contained in Arts. 29–32 of Act No. 2 of the Year 2011 Relating to Patents, Utility Models, Integrated Circuit Layouts and Undisclosed Information. The Act defines undisclosed information and establishes protection where the information is secret, derives commercial value from its secrecy, and is subject to reasonable measures to maintain its confidentiality. However, the Act does not establish penalties, remedies, or procedural safeguards for breaches of confidentiality, nor does it provide enforcement mechanisms to ensure effective protection.
Coverage Horizontal
YEMEN
Since February 2024
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Regulations Governing Access to and Shared Use of the Infrastructure of Towers and Radio Sites for Public Communications Networks, Yemen
لائحة تنظيم النفاذ والتشارك في استخدام البنية التحتية للأبراج والمواقع الراديوية لشبكات الاتصالات العامة
لائحة تنظيم النفاذ والتشارك في استخدام البنية التحتية للأبراج والمواقع الراديوية لشبكات الاتصالات العامة
Art. 6 of the Regulations Governing Access to and Shared Use of the Infrastructure of Towers and Radio Sites for Public Communications Networks in Yemen mandates infrastructure sharing for licensed operators. All licensed telecom operators are required to prepare a reference offer, provide access services on neutral, transparent and non-discriminatory terms, and, pursuant to Art. 6.8, enter into direct and immediate negotiations with any licensed operator requesting such services.
Art. 3 sets out the objectives of these Regulations, which include reducing network duplication and promoting cooperation among licensed operators by enabling both passive and active infrastructure sharing. Art. 5 further defines the sharing modalities, namely passive sharing (e.g. sites, towers, power, cooling, shelters) and active sharing (e.g. antennas, BTS/eNodeB and other radio network elements), which are subject to conditions approved by the Ministry.
Art. 3 sets out the objectives of these Regulations, which include reducing network duplication and promoting cooperation among licensed operators by enabling both passive and active infrastructure sharing. Art. 5 further defines the sharing modalities, namely passive sharing (e.g. sites, towers, power, cooling, shelters) and active sharing (e.g. antennas, BTS/eNodeB and other radio network elements), which are subject to conditions approved by the Ministry.
Coverage Telecommunications sector
Sources
- https://mtit.gov.ye/co_sub_ministry_image/32-%D9%84%D8%A7%D8%A6%D8%AD%D8%A9%20%D8%AA%D9%86%D8%B8%D9%8A%D9%85%20%D8%A7%D9%84%D9%86%D9%81%D8%A7%D8%B0%20%D9%88%D8%A7%D9%84%D8%AA%D8%B4%D8%A7%D8%B1%D9%83%2...
- https://mtit.gov.ye/ministry_info.aspx?md=32&sd=%D9%84%D9%88%D8%A7%D8%A6%D8%AD%20%D9%88%D8%B2%D8%A7%D8%B1%D9%8A%D8%A9
YEMEN
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Yemen is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://www.wto.org/english/tratop_e/inftec_e/ita_map_e.htm
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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YEMEN
Since February 2009
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Executive Regulations of Law No. 23 of the Year 2007 Concerning Tenders, Auctions and Government Storehouses
قرار رئيس مجلس الوزراء رقم (53) لسنة 2009 بشأن اللائحة التنفيذية لقانون رقم (23) لسنة 2007م بشأن المناقصات والمزايدات والمخازن الحكومية
قرار رئيس مجلس الوزراء رقم (53) لسنة 2009 بشأن اللائحة التنفيذية لقانون رقم (23) لسنة 2007م بشأن المناقصات والمزايدات والمخازن الحكومية
According to Art. 179 of the Executive Regulations of Law No. 23 for the Year 2007 Concerning Tenders, Auctions and Government Storehouses, if the tender documents allow for granting a margin of preference to the products of local industrial projects, the analysis and evaluation committee must take note of this matter in the final stage of evaluation, provided that this preference is granted in accordance with the percentage and conditions specified in the Investment Law upon submission of proof thereof by the Entity for the purpose of evaluation only. However, the latest version of the Investment Law does not set any specific percentage or conditions.
Coverage Horizontal
