Art. 44 of Law No. 18-07 provides that the data controller may only transfer personal data to another foreign state upon authorisation of the data protection authority and if that state ensures an adequate level of protection of the privacy and fundamental rights and freedoms of individuals with regard to the processing to which such data are or may be subject. Art. 45, however, provides that, by way of derogation to Art. 44, the data controller may transfer personal data to a foreign State subject to certain conditions, including: if the data subject has expressly consented to their transfer; if the transfer is made pursuant to a bilateral or multilateral agreement to which Algeria is a party; with the authorization of the national authority; if the transfer is necessary: (a) to safeguard that person's life; (b) the preservation of the public interest; (c) compliance with obligations to ensure the recognition, exercise or defense of a legal right; (d) the performance of a contract between the controller processing and the data subject, or measures pre-contractual agreements taken at the latter's request; (e) the conclusion or performance of a contract concluded or to conclude, in the interest of the data subject, between the controller and a third party; (f) the execution of a mutual legal assistance measure international; (g) prevention, diagnosis or treatment of medical conditions.

Within the bilateral and regional treaties signed by Algeria, there is no clause that stipulates that Algeria has binding commitments to open flows of data transfers.

The last paragraph of Art. 44 of Law No. 18-07 forbids, in any case, the communication or transfer of personal data to a foreign country, when this transfer is likely to carry harm to public security or the vital interests of the state.

Art. 9 of the Law No. 18-05 requires any e-commerce activity, which is defined as electronic commerce in goods and services, to have a website hosted in Algeria with a “.com.dz” extension. This requirement applies to both domestic and foreign e-suppliers as clarified in Art. 2, which states that states that the legislation applies to e-commerce transactions where one of the parties to the e-commerce contract is: of Algerian nationality, or legally resides in Algeria, or a legal person governed by Algerian law, or if the contract is concluded or performed in Algeria. Effectively, this means that the requirement to have domain names hosted in Algeria also applies to foreign companies.

Algeria has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

According to Art. 11 of Law No. 2000-03, the Post and Electronic Communications Regulatory Authority (ARCEP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.

Art. 6 of Decree No. 20-332 establishes that "the online information activity is subject to the publication through an electronic site, whose hosting is exclusively domiciled, physically and logically in Algeria, with a domain name extension ".dz"."

Algeria is home to three mobile phone and data network operators namely Djezzy, Algérie Télécom Mobile, and Wataniya Telecom Algérie. The largest of these by subscriptions is Optimum Télécom Algérie, which operates under the brand name of Djezzy and launched its service in 2002. The parent company of Djezzy, Veon, announced in June 2021 that it would sell its 45.5% stake in Djezzy to the government-controlled Algerian National Investment Fund (Fonds National d'Investissement, FNI). The Algerian government has long held a 51% stake in the company, having paid USD 2.64 billion for it in 2015. The purchase (as finalised in August 2022), made the telco fully state-owned, similar to fixed incumbent Algerie Telecom.

Art. 110 and 123 of Law No. 18-04 of 24 Chaâbane 1439 corresponding to 10 May 2018 setting the general rules relating to post and electronic communications (Loi No. 18-04 du 24 Chaâbane 1439 correspondant au 10 mai 2018 fixant les règles générales relatives à la poste et aux communications électroniques) provides for accounting separation for operators with significant market power. In particular, a license is issued to any person, whether natural or legal, who wins a call for tenders and undertakes to comply with the conditions set out in the solicitation documents. Part of these conditions includes the obligation to draw up cost accounting. It is reported that the State of Algeria has not established functional separation for the operator with significant market power required by Law.

It is reported that, prior to 2018, the State-owned operator Algérie Télécom (AT) was the sole player in the fixed-line segment. It held a monopoly over the country’s fixed-line and fiber optic networks and was responsible for developing Algeria’s telecommunication sector. In 2018, the Law No. 18-04 set the general rules relating to post and electronic communications and require the incumbent operator holding a licence to establish and operate a fixed public electronic communications network to respond to requests for unbundling of its local loop made by the service operators of electronic communications holding general authorizations, in consideration of a compensation (Arts. 102 and 126). However, pursuant to Art. 126, international traffic originating in or destined for electronic communications networks open to the public other than satellite must be transported in full through the international infrastructure established or operated by the incumbent operator (AT) holder of the licence to establish and operate a fixed public electronic communications network. The telecom licensing requirements are stipulated in Arts. 123 and 124 of Law No. 18-04.

Algeria 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 trade secrets in Order No. 03-07 related to patents of invention. Art. 59 provides that the competent judicial authority shall take into consideration the legal interests of the defendant when approving any required evidences through non-disclosure of commercial and industrial secrets.

It is reported that Algeria has established a regulatory framework mandating passive infrastructure-sharing obligations in the telecommunications sector, both in mobile and fixed sectors.

Algeria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Algeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

It is reported that Algeria lacks proper enforcement efforts against copyright piracy, including online and Internet Protocol Television (IPTV) piracy. In addition, it is reported that the rate of unlicensed software installation in the country was 82% in 2017 (above the 56% rate of the Middle Eastern and African countries), for an estimated commercial value of unlicensed software of USD 70 million. Moreover, despite having a legal framework on copyright, it is reported that there are major holes in the framework for enforcing copyrights, including clear guidance on Internet service providers' (ISP) liability and effective provisions for the takedown of infringing websites.