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 on the Use of Electronic Communications in International Contracts
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 January 2017
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Internet Communication Law No. 1/2017 (Ley Núm 1/2017 de Comunicaciones por Internet en la República de Guinea Ecuatorial)
Chapter I of Title IV of Law No. 1/2017 establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 35, all providers of Internet communication services and network operators are subject to the regime of responsibility established this law. The following articles explain the responsibilities of the different service providers:
- Art. 36: Responsibility of network access providers and telecommunications network operators.
- Art. 37: Responsibility of the service provider for temporary copies of data requested by users.
- Art. 38: Responsibility of the provider of data hosting or storage services.
- Art. 39: Responsibility of providers of linking services or search tools.
- Art. 36: Responsibility of network access providers and telecommunications network operators.
- Art. 37: Responsibility of the service provider for temporary copies of data requested by users.
- Art. 38: Responsibility of the provider of data hosting or storage services.
- Art. 39: Responsibility of providers of linking services or search tools.
Coverage Internet intermediaries
EQUATORIAL GUINEA
Since January 2017
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Internet Communication Law No. 1/2017 (Ley Núm 1/2017 de Comunicaciones por Internet en la República de Guinea Ecuatorial)
Chapter I of Title IV of Law No. 1/2017 establishes a safe harbour regime for intermediaries beyond copyright infringements. According to Art. 35, all providers of Internet communication services and network operators are subject to the regime of responsibility established this law. The following articles explain the responsibilities of the different service providers:
- Art. 36: Responsibility of network access providers and telecommunications network operators.
- Art. 37: Responsibility of the service provider for temporary copies of data requested by users.
- Art. 38: Responsibility of the provider of data hosting or storage services.
- Art. 39: Responsibility of providers of linking services or search tools.
- Art. 36: Responsibility of network access providers and telecommunications network operators.
- Art. 37: Responsibility of the service provider for temporary copies of data requested by users.
- Art. 38: Responsibility of the provider of data hosting or storage services.
- Art. 39: Responsibility of providers of linking services or search tools.
Coverage Internet intermediaries
EQUATORIAL GUINEA
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Sub-pillar User identity requirement
Identity requirement for SIM cards
It is reported that Equatorial Guinea's approach to SIM registration requires mobile network operators to collect and store a user's personal information and proof of identity. The relevant legislation could not be found.
Coverage Horizontal
EQUATORIAL GUINEA
Reported in 2022, last reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
Online versions of some Spanish newspapers are reported to be regularly blocked. In 2022, it was reported that the independent media outlet AhoraEG was only accessible via a virtual private network.
Coverage Online news
EQUATORIAL GUINEA
Reported in 2012, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
The government owns shares in certain telecom companies. In particular, the main operator, Guinea Ecuatorial de Telecomunicaciones Sociedad Anónima (GETESA), is fully state-owned, although, in April 2022, the government announced plans for its privatisation. The government also owns 51% of Guinea Ecuatorial de Comunicaciones Sociedad Anónima (GECOMSA).
Coverage Telecommunications sector
Sources
- https://minhacienda-gob.com/wp-content/uploads/2022/06/GETESA.pdf
- https://www.guineaecuatorialpress.com/noticias/se_inaugura_una_nueva_compa%C3%B1ia_telefonica_en_guinea_ecuatorial___
- https://minhacienda-gob.com/privatizacion-de-activos-del-estado/
- https://www.state.gov/reports/2023-investment-climate-statements/equatorial-guinea/
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EQUATORIAL GUINEA
Reported in 2023
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 Equatorial Guinea. 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
EQUATORIAL GUINEA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Equatorial Guinea does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market.
Coverage Telecommunications sector
EQUATORIAL GUINEA
Reported in 2022, last reported in 2023
Pillar Content access |
Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The government has reportedly blocked access to the internet during periods of political tension.
Coverage Horizontal
EQUATORIAL GUINEA
Since November 2005
Since November 2020
Since November 2020
Pillar Telecom infrastructure & competition |
Sub-pillar Other restrictions to operate in the telecom market
Law No. 7/2005, General Telecommunications Law (Ley Núm. 7/2.005 General de Telecomunicaciones)
Ministerial Order No. 3/2020, approving the Regulation on Rights and Public Service Obligations to carry out Telecommunication Activities (Orden Ministerial Num. 3/2020. Reglamento sobre Títulos Habilitantes y Obligaciones de Servicio Público para Desempeñar Actividades de Telecomunicaciones en la República de Guinea Ecuatorial)
Ministerial Order No. 3/2020, approving the Regulation on Rights and Public Service Obligations to carry out Telecommunication Activities (Orden Ministerial Num. 3/2020. Reglamento sobre Títulos Habilitantes y Obligaciones de Servicio Público para Desempeñar Actividades de Telecomunicaciones en la República de Guinea Ecuatorial)
The licensing regime in the telecom sector is regulated by Law No. 7/2005 and Ministerial Order No. 3/2020. Chapter IV of Law No. 7/2005 contains the regime of concessions and authorisations, which is further detailed in the Ministerial Order. According to Art. 34 of the Ministerial Order, certain telecom activities that are classified as "essential public telecommunications/ICT services" are subject to public service obligations, including financing the universal service and contributing to the Telecommunications Development Fund (Art. 36). Among others, the following are considered essential public telecommunications/ICT services: fixed telephony, broadband, 2G; 3G; 4G; and 5G mobile telephony and data services (Art. 6). Additionally, carrier services for the provision of voice, data, and broadband, as well as broadcasting services and their respective networks, are also considered essential.
Coverage Telecommunications sector
EQUATORIAL GUINEA
N/A
Pillar Telecom infrastructure & 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 & competition |
Sub-pillar Presence of an 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
Sources
- https://minfuncionpublica.gob.gq/wp-content/uploads/LEY-numero-1-del-2016-PROTECCION-DE-DATOS-PERSONALES.pdf
- https://www.dataguidance.com/comparisons/data-transfers
- https://www.lssa.org.za/wp-content/uploads/2021/07/Data-Protection-Privacy-Guide-Africa.pdf
- https://www.afapdp.org/wp-content/uploads/2022/02/Guinee-equatoriale-ley-1-2.016-de-proteccion-de-datos.pdf
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EQUATORIAL GUINEA
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
Equatorial Guinea has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal