GUINEA
Since May 2017
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Decision No. A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and Approval of Communication Equipment and Terminals (Décision A/001/ARPT/CNRPT/2017 portant procédures d'acquisition des agréments des installateurs, importateurs et d'homologation des équipements et terminaux de communication)
According to Art. 3 of Decision A/001/AEPT/CNRPT/2017, telecommunication equipment and terminals and radioelectric installation must be homologated and certified for compliance with the regulation. Self-certification is not allowed for those products. According to Art. 2 of the Decision, this applies to any equipment intended for direct or indirect connection to a telecommunications network termination point for the purpose of transmitting, processing or receiving information. It also includes any communication installation that uses radio frequencies to propagate waves. According to Art. 5, each homologation request must be accompanied by several documents, including a representative sample of each type of equipment subject to the request. These samples are returned to the applicant at their own expense after the related studies and tests.
Coverage Radio equipment and terminal equipment
Sources
- https://web.archive.org/web/20241010040226/https://www.arpt.gov.gn/wp-content/uploads/2021/04/decision1.pdf
- https://web.archive.org/web/20240329180157/http://www.waqsp.org/sites/default/files/PNQ-Guin%C3%A9e_1.pdf
- https://web.archive.org/web/20160831184044/https://www.cma-cgm.com/static/eCommerce/Attachments/Guinea%20v1.pdf
- Show more...
GUINEA
Since July 2016
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
According to Art. 28 of Part II of the Law L/2016/037/AN, the transfer of personal data is subject to prior authorisation from the personal data protection authority. Any transfer of such data is subject to strict and regular control by the authorities with regard to their purposes. The authorisation is always needed, though other conditions must also be fulfilled. A controller of personal data may only transfer such data to a third country if the state ensures a higher or equivalent level of protection of privacy, fundamental freedoms and rights of individuals with regard to the processing to which such data may be subject.
Coverage Horizontal
GUINEA
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
Guinea has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
GUINEA
Since July 2016
Pillar Domestic data policies |
Indicator Framework for data protection
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
Law L/2016/037/AN provides a comprehensive regime of data protection in Guinea. Art. 2 of Part II stipulates that "the purpose of this law is to guarantee the protection of personal data in the Republic of Guinea by defining, in particular, the rules, mechanisms, and tools for the protection and management of such data, as well as the sanctions for violations of these rules, in addition to the sanctions provided for by the law on cybercrime".
Coverage Horizontal
GUINEA
Since July 2016
Pillar Domestic data policies |
Indicator Minimum period for data retention
Law L/2016/035/AN of 28 July 2016 on Electronic Transactions in the Republic of Guinea (Loi L/2016/035/AN du 28 juillet 2016 Relative aux Transactions Électroniques en République de Guinée)
Art. 37 of the Law L/2016/035/AN sets a minimum retention period for documents relating to electronic transactions. These documents must be kept for at least 10 years. During this period, the information must be accessible and retrievable, kept in its original format, and traceable to its origin and destination.
Coverage Horizontal
GUINEA
Since July 2016
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
Under Arts. 96 to 105, Law No. 2016-037 permits a "competent authority" to require legal or natural persons who offer internet access to carry out surveillance on their subscribers’ activities without specifying the role of the judicial authority in triggering the surveillance procedure.
Moreover, according to Arts. 48 and 49 of Part II of the Law, an authorised cryptographic service provider or the person responsible for processing personal data may not oppose professional secrecy to the Personal Data Protection Authority and may be required to provide all data if requested.
Moreover, according to Arts. 48 and 49 of Part II of the Law, an authorised cryptographic service provider or the person responsible for processing personal data may not oppose professional secrecy to the Personal Data Protection Authority and may be required to provide all data if requested.
Coverage Internet access service providers
Sources
- https://web.archive.org/web/20240222101512/http://www.droit-afrique.com/upload/doc/cemac/CEMAC-Directive-2008-07-droit-des-utilisateurs-de-reseaux.pdf
- https://web.archive.org/web/20230420040132/https://cipesa.org/wp-content/files/reports/Privacy-Imperilled-Analysis-of-Surveillance-Encryption-and-Data-Localisation-Laws-in-Africa-Report.pdf
GUINEA
N/A
Pillar Intermediary liability |
Indicator 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's law and jurisprudence.
Coverage Internet intermediaries
GUINEA
N/A
Pillar Intermediary liability |
Indicator 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's law and jurisprudence.
Coverage Internet intermediaries
GUINEA
Since July 2016
Pillar Intermediary liability |
Indicator User identity requirement
Law L/2016/037/AN of 28 July 2016 on Cybersecurity and Personal Data Protection in the Republic of Guinea (Loi L/2016/037/AN du 28 juillet 2016 Relative à la Cyber-Sécurité et à la Protection des Données à Caractère Personnel en République de Guinée)
According to Art. 67 of the Law L/2016/037/AN, access to internet services from cyber cafes is subject to prior identification of users. The modalities will be determined by the Ministerial Order of the Minister in charge of Posts, Telecommunications and Digital Economy.
Coverage Internet cafes
GUINEA
Since April 2015
Pillar Intermediary liability |
Indicator User identity requirement
Law No. 2015/018/AN of 13 April 2015 on Telecommunications and Information Technologies in the Republic of Guinea (Loi No. 2015/018/AN du 13 Avril 2015 Relative aux Télécommunications et aux Technologies de l'Information en République de Guinée)
Art. 36 of the Telecommunications Act requires the identification of all telecommunication service subscribers. It also requires operators to transmit the identification data to the “competent authorities” upon request from the public prosecutor's office.
Coverage Telecommunications sector
GUINEA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Guinea has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
GUINEA
Since April 2015
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Law No. 2015/018/AN of 13 April 2015 on Telecommunications and Information Technologies in the Republic of Guinea (Loi No. 2015/018/AN du 13 Avril 2015 Relative aux Télécommunications et aux Technologies de l'Information en République de Guinée)
According to Arts. 8 and 9 of the Law No. 2015/018/AN, the regulatory body for the postal and telecommunications sector is called the "Regulatory Authority for Posts and Telecommunications", abbreviated as ARPT. This body carries out its regulatory functions in an independent, neutral, professional, impartial, and transparent manner and has legal personality and administrative and financial autonomy.
Coverage Telecommunications sector
GUINEA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Guinea is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status.
Coverage Horizontal
GUINEA
Since June 2010
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Law L/2010/02/CNT of 22 June 2010 on Freedom of the Press (Loi Organique L/2010/02/CNT du 22 juin 2010 Portant sur la Liberté de la Presse Organic)
According to Art. 69 of the Law L/2010/02/CNT, subject to a reciprocity clause in the press sector, foreigners may not make an acquisition which has the effect of increasing, directly or indirectly, their holding to more than 30% of the share capital or voting rights of a press company (including online press) in the Republic of Guinea.
Coverage Online press
GUINEA
Since September 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Law L/2022/0010/CNT of 22 September 2022 on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff from the fourth year of operation; 50% of staff from the seventh year of operation.
- Management staff: 25% of staff from the start of operations, 40% of staff from the fourth year of operation, and 70% of staff from the seventh year of operation.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers to both the company in charge of carrying out public projects and investors in private sector projects covered by the investment code or companies working on their behalf, regardless of the sector.
Coverage Horizontal
