ALGERIA
Since November 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
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
Since May 2018
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
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)
According to Arts. 7 and 8 of Law No. 18-05, any e-commerce activity, which is defined as electronic commerce of goods and services, is subject to registration in the commercial register or in the register of arts and crafts, and to the publication of a website hosted in Algeria with extension ".com.dz". In addition, pursuant to Art. 9 the exercise of the e-commerce activity be subject to the registration of the domain name with the services of the national center of the commercial register. This requirement applies to both domestic and foreign e-providers, as stated in Art. 2 of the law, stipulating that the legislation applies to e-commerce transactions when one of the parties to the e-commerce contract (i) is of Algerian nationality, (ii) is legally resident in Algeria, (iii) is a legal person under Algerian law, (iv) or if the contract is concluded or performed in Algeria.
Coverage E-commerce
ALGERIA
Since May 2018
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
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)
In accordance with Art. 27 of Law No. 18-05, when payment is electronically made, it should be carried out through electronic payment platforms, put in place and operated exclusively by the banks authorised by the Banque d’Algérie, and connected to any type of electronic payment terminal via the network of the public telecommunications operator. This article implies that electronic payment in Algeria is only possible with CIB (Interbank Cards) credit cards issued by public or private banks and Edahabia card issued by Algérie Poste, as well as Visa and Mastercard cards denominated in foreign currencies for international transactions.
Further, pursuant to Art. 29 of Law No. 18-05, electronic payments must be made through dedicated payment platforms, set up and operated exclusively by banks approved by the Bank of Algeria and Algérie Poste and connected to any type of electronic payment terminal via the network of the public telecommunications operator. Besides, these dedicated payment platforms must be subject to the control of the Bank of Algeria to guarantee that they meet the requirements of interoperability, confidentiality, integrity, authentication and security of data exchanges.
Further, pursuant to Art. 29 of Law No. 18-05, electronic payments must be made through dedicated payment platforms, set up and operated exclusively by banks approved by the Bank of Algeria and Algérie Poste and connected to any type of electronic payment terminal via the network of the public telecommunications operator. Besides, these dedicated payment platforms must be subject to the control of the Bank of Algeria to guarantee that they meet the requirements of interoperability, confidentiality, integrity, authentication and security of data exchanges.
Coverage Electronic payments
Sources
- https://www.droit-afrique.com/uploads/Algerie-Loi-2018-05-commerce-electronique.pdf
- https://b2build.net/05-04-2184-Loi-e-commerce-contexte-et-applicabilite.html
- https://www.fareslegal.com/international-e-commerce-entering-the-algerian-market/
- https://tahseen.ae/media/3093/algeria_law-on-the-post-and-electronic-communications-and-the-e-commerce-law.pdf
- https://www.brahimi-avocat.com/blog/le-commerce-electronique-a-la-lumiere-de-la-nouvelle-loi-du-10-mai-201.html
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ALGERIA
Reported in 2021, last reported in 2022
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Prohibition of the use of certain online payment processors for transfers
It is reported that Algerian foreign exchange regulations prohibit the use of certain online payment processors to transfer money from one account to another.
Coverage Online payments
ALGERIA
Reported in 2021, last reported in 2022
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
Limits on the value of goods purchasable online
It is reported that the purchase of goods from outside the country using international credit cards is only allowed up to a maximum value per transaction of DZD 100,000 (about USD 740).
Coverage E-commerce
ALGERIA
Since May 2018
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
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)
According to Art. 7 of Law No. 18-05, the purchase by electronic communications of a digital good and/or service from Algeria by an electronic consumer from an electronic supplier established in a foreign country and intended exclusively for personal use, is permitted and exempt from foreign trade and exchange formalities when its value does not exceed the equivalent in dinars of the limit set by the legislation and regulations in force. However, there is no regulation clarifying the limit. The same applies to the electronic sale of goods or services by a resident supplier to an electronic consumer established in a foreign country.
Coverage Horizontal
Sources
- https://www.droit-afrique.com/uploads/Algerie-Loi-2018-05-commerce-electronique.pdf
- https://www.privacyshield.gov/article?id=Algeria-ecommerce
- https://www.trade.gov/country-commercial-guides/algeria-ecommerce#:~:text=The%20law%20prohibits%20online%20purchasing,buy%20items%20online%20from%20abroad.
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ALGERIA
Since May 2018
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
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)
According to Art.143 of Law No. 18-04, the approval of terminal equipment and the radioelectric stations can be by certificate of conformity issued by the regulatory authority or by a test and measurement laboratory duly approved by the said authority. Further, the provision stipulates that Regulations may establish a regime of self-certification and/or recognition of certification obtained from another country. However, those Regulations are not yet in place. It is reported that foreign documentation is accepted, but local testing is required.
Coverage Telecommunications equipment
ALGERIA
Since June 2018
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
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)
Pursuant to Art. 30 of Law No. 18-07, in relation to encryption technology, individuals and organisations that want to acquire and use encryption services must be granted authorisation by the country's Regulatory Authority of Post and Electronic Communications.
Coverage Horizontal
ALGERIA
Since May 2018
Pillar Content access |
Sub-pillar Licensing schemes for digital services and applications
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)
According to Arts. 7-8 of Law No. 18-05, any e-commerce activity, which is defined as electronic commerce of goods and services, is subject to registration in the commercial register or in the register of arts and crafts, and to the publication of a website hosted in Algeria with extension ".com.dz". The electronic supplier's website must be equipped with tools allowing its authentication. In addition, Art. 9 requires that the exercise of the e-commerce activity be subject to the registration of the domain name with the services of the National Center of the Commercial Register. This requirement applies to both domestic and foreign e-providers, as stated in Art. 2 of the law, stipulating that the legislation applies to e-commerce transactions when one of the parties to the e-commerce contract is of Algerian nationality, is legally resident in Algeria, is a legal person under Algerian law, or if the contract is concluded or performed in Algeria.
Coverage Electronic commerce
ALGERIA
Since July 2018
Since January 2019, updated in April 2022
Since January 2019, updated in April 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Supplementary Budget Law for 2018, of 11 July 2018
Executive Decree No. 18-02 of 19 Rabie Ethani 1439 corresponding to January 7, 2018, amended and supplemented, describing the goods subject to the regime of import restrictions (Décret exécutif No. 18-02 du 19 Rabie Ethani 1439 correspondant au 7 janvier 2018, modifié et complété, portant désignation des marchandises soumises au régime de restrictions à l'importation)
Executive Decree No. 18-02 of 19 Rabie Ethani 1439 corresponding to January 7, 2018, amended and supplemented, describing the goods subject to the regime of import restrictions (Décret exécutif No. 18-02 du 19 Rabie Ethani 1439 correspondant au 7 janvier 2018, modifié et complété, portant désignation des marchandises soumises au régime de restrictions à l'importation)
The Supplementary Budget Law for 2018 enabled the Government to introduce a special custom surcharge (named "droit additionnel provisoire de sauvegarde - DAPS") on certain goods imported in Algeria. The decree of Minister of Trade, signed on 26 January 2019, defines the list of goods and the rate applicable to each product line (between 30% and 200% of the value of the goods), which was drawn up by an ad-hoc inter-ministerial committee. The total number of affected products is 1095 and the application started with the publication of the list. ICT products are part of the affected sectors. The law imposed custom surcharge on the following ICT products:
- 8517 - Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of HS codes 8443, 8525, 8527 or 8528;
- 8528 - Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus.
- 8517 - Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of HS codes 8443, 8525, 8527 or 8528;
- 8528 - Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus.
Coverage HS 8517: Telephone sets; HS 8528: Monitors and projectors
ALGERIA
Since November 2020
Pillar Intermediary liability |
Sub-pillar Monitoring 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)
Decree No. 20-332 stipulates that online media directors must notify the authorities of any "illegal content" published on their platforms. Art. 13 establishes that "the director in charge of the online information organ is required to take the appropriate measures and means to fight against illicit contents (...) especially any content including an incitement to hatred, violence or discrimination because of the regional origin, of an alleged race, religion or political or ideological opinion or gender. The director responsible for the online news organization must notify the relevant authorities of any illegal content."
Coverage Online news
ALGERIA
Reported in 2020
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that Algeria has a history of its government blocking sites for various reasons, including the prevention of exam cheating. Moreover, web-based Algerian media outlets have been required to be based within the country and they have been asked to inform authorities of any "illegal content". Some of the websites that have been blocked in the past include YouTube, Facebook, and Twitter, as well as news websites such as France 24 and Al-Jazeera.
Coverage Electronic journalism, social networks, blogs, and VPNs
Sources
- https://www.wipo.int/wipolex/en/legislation/details/14778
- https://rsf.org/en/algeria-blocks-access-three-more-news-sites
- https://www.france24.com/en/live-news/20201218-algerian-state-tightens-screws-on-online-media
- https://www.independent.co.uk/tech/facebook-twitter-banned-blocked-algeria-exams-3g-internet-a7091171.html
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ALGERIA
Reported in 2022
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 2 in Algeria. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
ALGERIA
Since August 2009
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 09-04 of 14 Chaâbane 1430 corresponding to August 5, 2009 laying down special rules relating to the prevention and fight against offenses related to information and communication technologies (Loi No. 09-04 du 14 Chaâbane 1430 correspondant au 5 août 2009 portant règles particulières relatives à la prévention et à la lutte contre les infractions liées aux technologies de l'information et de la communication)
Art. 11 of Law No. 09-04 requires ICT service providers to store data allowing the identification of users of their services for a period of one year after the registration. This requirement covers all service providers, defined in Art. 2 to include any public or private entity which offers users of its services the possibility of communicating by means of a computer system and/or a telecommunications system and any other entity processing or storing computer data for communication services or their users.
Coverage ICT service providers
ALGERIA
Reported in 2021
Pillar Intermediary liability |
Sub-pillar User identity requirement
Identity requirement for SIM cards
It is reported that every user of any SIM card, whether prepaid or postpaid, and regardless whether the user is a local resident or a visitor, has to be registered and as such has to provide official ID (ID card, passport, visa) and a copy of the same ID and an Algerian address, which can be that of a hotel.
Coverage Telecommunications sector