LIBYA
Since October 2022
Pillar Domestic data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Law No. 6-2022 on Electronic Transactions
(قانون رقم 6 لسنة 2022 م بشأن المعاملات الإلكترونية)
(قانون رقم 6 لسنة 2022 م بشأن المعاملات الإلكترونية)
Art. 74 of Law No. 6-2022 allows the Government to obtain or require disclosure of personal data without a court order in the following cases:
- To obtain personal data based on an official request from investigating authorities,
- If the data is necessary for the purpose of preventing or detecting a crime or a law;
- To obtain personal data to estimate or collect any tax or duty;
- To protect the vital, urgent interest of the person.
- To obtain personal data based on an official request from investigating authorities,
- If the data is necessary for the purpose of preventing or detecting a crime or a law;
- To obtain personal data to estimate or collect any tax or duty;
- To protect the vital, urgent interest of the person.
Coverage Horizontal
LIBYA
Since March 1968
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 9 of 1968 Issuing the Copyright Protection Law
Libya has a copyright regime under the Law No. 9 of 1968, issuing the Copyright Protection Law. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 14-17 list the exceptions, which include copying articles in newspapers and periodicals, statements or speeches on television and radio, short quotations in school books, among others.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Libya has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Libya has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Libya lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
LIBYA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Libya to deliver telecom services to end users, and it is not practised in both the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector
LIBYA
Since July 2012, last amended in December 2013
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
(قرار رقم 207 لسنة 2012 م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
(قرار رقم 207 لسنة 2012 م بشأن مساهمة الأجانب في الشركات وفروع ومكاتب تمثيل الشركات الأجنبية بليبيا)
According to Arts. 1 and 2 of Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya, foreigners can only invest or operate in Libya through establishing joint ventures with Libyan nationals in the form of a joint stock company, provided that their paid-up capital is not less than one million dinars (approx. USD 207,400) upon incorporation or three-tenths of the subscribed cash capital. According to Art. 3, the share of foreigners in the capital of joint companies involved in any commercial activity should not exceed 49%. The share may be increased to 60% for particular reasons, based on a decision of the Minister of Economy. This also applies to the telecom sector, but with some limited exceptions. In particular, for certain areas listed in Art. 9, branches of foreign-owned companies may open in Libya only if the Minister of Economy provides approval (Art. 7). Among activities listed under Art. 9, there are telecommunications-related activities, including installing and maintaining telecommunications systems and stations and establishing and maintaining stations, towers, and antennas for wireless communications and air navigation stations.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240615050419/https://ejraat.gov.ly/media/%D9%82%D8%B1%D8%A7%D8%B1%20%D8%B1%D9%82%D9%85%20(207)%20%D9%84%D8%B3%D9%86%D8%A9%202012.pdf
- https://web.archive.org/web/20230128001830/https://lawsociety.ly/web/20230128001830/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-207-%D9%84%D8%B3%D9%86%D8%A9-2012-%D9%...
- https://web.archive.org/web/20231003004254/https://www.state.gov/reports/2023-investment-climate-statements/libya/
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LIBYA
Reported in 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
De facto FDI restriction
Foreign investors face no specific restrictions under Law No. (22) of 1378 FDP (2010 AD) on Telecommunications. However, it is reported that the fixed telecom sector is reserved exclusively for the state-owned Libyan Post Telecommunications and Information Technology Company (LPTIC). The regulatory framework defines three licensing categories in the telecommunications sector:
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
Coverage Fixed-telecommunications sector
Sources
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3070292&id2=&id3=&sPath=000021090010901&mzMode=Modes3
- https://web.archive.org/web/20231207224142/https://www.cim.gov.ly/electronic-services-licenses
- https://web.archive.org/web/20240522042148/https://security-legislation.ly/latest-laws/law-no-22-of-2010-on-communications/
- https://web.archive.org/web/20231023103718/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-22-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D...
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LIBYA
Reported in 2019, 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
It is reported that the state-owned Libyan Post Telecommunications and Information Technology Company (LPTIC), formerly the General Post and Telecommunications Company (GPTC), is the main telecommunications operator. Art. 1 of Resolution No. 63-2005 establishes the LPTIC as a holding company affiliated with the General Authority for Information, Documentation and Communications.
In 1999, GPTC awarded the first ISP license to Libya Telecom and Technology (LTT), one of its subsidiaries. In addition, the LPTIC owns two mobile service providers, Al-Madar and Libyana, while a third provider, Libya Phone, is owned by LTT.
In 1999, GPTC awarded the first ISP license to Libya Telecom and Technology (LTT), one of its subsidiaries. In addition, the LPTIC owns two mobile service providers, Al-Madar and Libyana, while a third provider, Libya Phone, is owned by LTT.
Coverage Telecommunications sector
Sources
- https://freedomhouse.org/country/libya/freedom-net/2023
- https://web.archive.org/web/20240225135646/https://medialandscapes.org/country/libya/telecommunications/company-profiles
- https://web.archive.org/web/20241113210117/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-63-%D9%84%D8%B3%D9%86%D8%A9-2005-%D9%85-%D8%A8%D8%A5%D9%86%D8%B4%D8%A7%D8%A1-%D...
- https://web.archive.org/web/20231130182217/https://freedomhouse.org/country/libya/freedom-net/2019
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LIBYA
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
Libya does not mandate functional separation for operators with significant market power (SMP) in the telecom market. Information about accounting separation is not found.
Coverage Telecommunications sector
LIBYA
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
Libya has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Libya is not a Member of the WTO.
Coverage Telecommunications sector
LIBYA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
Libya has a telecommunications authority: the General Authority for Communication and Informatics. However, it is reported the decision-making process of this entity is not independent from the government. In fact, its chairman has been appointed by a resolution from the prime minister. Furthermore, Art. 19 of Resolution No. 49-2022 stipulates that the internal organisation of the Authority shall be issued by a decision of the Chairman in coordination with the Ministry of Civil Service.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240518235844/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-49-%D9%84%D8%B3%D9%86%D8%A9-2022-%D9%85-%D8%A8%D8%A7%D8%B9%D8%AA%D9%85%D8%A7%D8...
- https://web.archive.org/web/20231207223143/https://www.cim.gov.ly/
- https://web.archive.org/web/20240424155035/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-118-%D9%84%D8%B3%D9%86%D8%A9-2021-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%AA%D8%B3%...
- https://web.archive.org/web/20230930040117/https://freedomhouse.org/country/libya/freedom-net/2018
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LIBYA
Since October 2022
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 6-2022 on Electronic Transactions
(قانون رقم 6 لسنة 2022م بشأن المعاملات الإلكترونية)
(قانون رقم 6 لسنة 2022م بشأن المعاملات الإلكترونية)
According to Art. 78 of Law No. 6/2022 on Electronic Transactions, the transfer of personal data to a foreign country is only allowed if the appropriate level of data protection is considered, particularly the nature and source of the personal data and the purpose and duration of the transfer. Also, the applicable international obligations and laws and national data protection procedures of the country to which the data is transferred must be considered.
Coverage Horizontal
LIBYA
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
Libya has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
LIBYA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (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)
Libya is not a signatory of the World Trade Organization (WTO) Information Technology Agreement (ITA) of 1996 and its 2015 expansion (ITA II). In fact, Libya is not a Member of the WTO.
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://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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