ALGERIA
Since June 2018
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 18-07 of 25 Ramadhan 1439 corresponding to June 10, 2018 on the protection of natural persons in the processing of personal data (Loi No. 18-07 du 25 Ramadhan 1439 correspondant au 10 juin 2018 relative à la protection des personnes physiques dans le traitement des données à caractère personnel)
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.
Coverage Horizontal
ALGERIA
N/A
Pillar Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments to cross-border data flows
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.
Coverage Horizontal
Sources
ALGERIA
Since June 2018
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Law No. 18-07 of 25 Ramadhan 1439 corresponding to June 10, 2018 on the protection of natural persons in the processing of personal data (Loi No. 18-07 du 25 Ramadhan 1439 correspondant au 10 juin 2018 relative à la protection des personnes physiques dans le traitement des données à caractère personnel)
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.
Coverage Horizontal
ALGERIA
Since May 2018
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Law No. 18-05 of 24 Chaâbane 1439 corresponding to 10 May 2018 relating to electronic commerce (Loi No. 18-05 du 24 Chaâbane 1439 correspondant au 10 mai 2018 relative au commerce électronique)
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.
Coverage Electronic commerce
Sources
- https://www.droit-afrique.com/uploads/Algerie-Loi-2018-05-commerce-electronique.pdf
- https://www.fareslegal.com/international-e-commerce-entering-the-algerian-market/
- https://itif.org/publications/2021/07/19/how-barriers-cross-border-data-flows-are-spreading-globally-what-they-cost/
- https://cipesa.org/wp-content/files/reports/Privacy-Imperilled-Analysis-of-Surveillance-Encryption-and-Data-Localisation-Laws-in-Africa-Report.pdf
- Show more...
ALGERIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Algeria has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector
ALGERIA
Since August 2000
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Law No. 2000-03 de 5 Joumada El Oula 1421 (Loi No. 2000-03 du 5 Joumada El Oula 1421)
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.
Coverage Telecommunications sector
ALGERIA
Since November 2020
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Decree No. 20-332 Governing the Electronic Press (Décret exécutif No. 20-332 du 6 Rabie Ethani 1442 correspondant au 22 novembre 2020 fixant les modalités d'exercice de l'activité d'information en ligne et la diffusion de mise au point ou rectification sur le site électronique)
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"."
Coverage Online news
ALGERIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
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.
Coverage Telecommunications sector
ALGERIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
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.
Coverage Telecommunications sector
ALGERIA
Since May 2018
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
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)
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.
Coverage Telecommunications sector
ALGERIA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
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.
Coverage Horizontal
ALGERIA
Reported 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
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.
Coverage Telecommunications sector
ALGERIA
Since January 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
WIPO Copyright Treaty
Algeria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ALGERIA
Since January 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Algeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ALGERIA
Since March 2000
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Algeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal