ANGOLA
Since June 2011
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Law No. 22/11 on the Protection of Personal Data (Law No. 22/11 - Lei da Proteção de Dados Pessoais)
Under Section VI of Law No. 22/11, a conditional flow regime is established for the transfer of personal data outside Angola. This means that international data transfer can only proceed if certain conditions are met. The law outlines two main scenarios for international data transfer:
- If the country the data is being transferred to can guarantee an adequate level of protection of personal data, then a notification to the Agência de Protecção de Dados (APD, Data Protection Agency) is sufficient to proceed with the transfer, as per Art. 33;
- If the country does not provide adequate protection of personal data, then the data controller must obtain authorisation from the APD before proceeding with the transfer, as per Art. 34.
However, the APD has not issued any decision declaring countries adequate, and as a result, the authorisation remains currently the only means for transfer.
- If the country the data is being transferred to can guarantee an adequate level of protection of personal data, then a notification to the Agência de Protecção de Dados (APD, Data Protection Agency) is sufficient to proceed with the transfer, as per Art. 33;
- If the country does not provide adequate protection of personal data, then the data controller must obtain authorisation from the APD before proceeding with the transfer, as per Art. 34.
However, the APD has not issued any decision declaring countries adequate, and as a result, the authorisation remains currently the only means for transfer.
Coverage Horizontal
ANGOLA
Since June 2018, last amended in April 2021
Since October 2018, last amended in November 2021
Since October 2018, last amended in November 2021
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 10/21 - Private Investment Law (Law No. 10/21 - Lei do Investimento Privado)
Law No. 250/18 - Regulations for the Private Investment (Law No. 250/18 - Regulamentação da Lei do Investimento Privado)
Law No. 250/18 - Regulations for the Private Investment (Law No. 250/18 - Regulamentação da Lei do Investimento Privado)
The Private Investment Law No. 10/21 established the Angolan Investment Promotion Agency (AIPEX) as the primary entity responsible for promoting and regulating private investment. AIPEX serves as a one-stop shop for investment approvals. According to Art. 45, private investors have the responsibility to hire local workers, providing them with adequate training and ensuring working conditions and salaries commensurate with their skills. Although they have the option of employing qualified foreign workers, they must implement a rigorous training plan for national technicians, with the purpose of eventually replacing them with Angolan workers. These training plans and the gradual process of replacing foreign labour should be an integral part of the documentation submitted for any investment proposal. The Regulations for the Private Investment Law No. 250/18 outline the steps for registering and approving private investment projects, with AIPEX overseeing the process. Art. 6 specifies the investment project documentation, including a plan for gradually replacing foreign labour with national labour and the procedures required for registration.
Coverage Horizontal
ANGOLA
Since February 1992
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 3/92 - Industrial Property Law (Law No. 3/92 - Lei da Propriedade Industrial)
Art. 5 of Law No. 3/92 states that patent applications must be written in the Portuguese language and that foreign applicants must appoint a legal local representative.
Coverage Horizontal
ANGOLA
Reported in 2021, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Delays in the processing of patent applications
Angola reportedly faces practical and legal obstacles in the patent application process, including high direct and indirect patent filing costs and delays in the processing of patent applications.
Coverage Horizontal
ANGOLA
Since February 1992
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Law No. 3/92 - Industrial Property Law (Law No. 3/92 - Lei da Propriedade Industrial)
Chapter 2 of the Law No. 3/92 covers the mechanism of patent protection. Arts. 5 and 67 show that foreign patent owners need a local representative to defend patent rights. Additionally, there have been reports on procedural complexities, such as the intricate and time-consuming judicial processes in Angola, which could pose challenges for foreign patent holders. Furthermore, it is reported the shortage of judges proficient in patent law further exacerbates these barriers, impacting the efficient adjudication of patent-related disputes.
Coverage Horizontal
Sources
- https://wipolex-res.wipo.int/edocs/lexdocs/laws/en/ao/ao003en.pdf
- https://ustr.gov/sites/default/files/2020_National_Trade_Estimate_Report.pdf
- https://ustr.gov/sites/default/files/files/reports/2021/2021NTE.pdf
- https://www.kashishworld.com/ip-rights-in-africa/angola#:~:text=In%20Angola%2C%20the%20Industrial%20Property,mechanism%20of%20registration%20of%20trademarks.
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ANGOLA
Since September 2007, entry into force in December 2007
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Angola is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ANGOLA
Since July 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Law No. 15/14 - Copyright and Related Rights (Law No. 15/14 - Lei dos Direitos de Autor e Conexos)
Angola has a copyright regime under Law No. 15/14. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section V lists the exceptions, which include research or private study by the person using the work; use in a private place in which entry is not paid and non-profit; review or news reporting; reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries, centres or documentation files of general interest or public, institutions with a scientific or technological vocation, educational establishment; reproduction of works, permanently exposed to the public through images, reports; educational use; reproduction of arrangement or translation exclusively for individual and private use; quotations from copyright work and critics; speeches and lectures in front of the media; performance of the hymn, as well as works of a religious character.
Coverage Horizontal
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Angola has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Angola has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Angola lacks a comprehensive framework that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, Art. 73 of Law No. 3/92 defines certain conducts involving the unauthorised use of trade secrets as criminal offences.
Coverage Horizontal
ANGOLA
Since June 2011
Since July 2014
Since July 2014
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Law No. 23/11 on Electronic Communications and Information Society Services (Law No. 23/11 - Lei de Comunicações Electrónicas e dos Serviços da Sociedade de Informação)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Presidential Decree No. 166/14 - Regulamento de Partilha de Infraestruturas de Comunicações Electrónicas)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Presidential Decree No. 166/14 - Regulamento de Partilha de Infraestruturas de Comunicações Electrónicas)
Law No. 23/11 recognises the importance of developing and expanding electronic communication infrastructures with consideration for sharing locations and resources. This is further solidified by Presidential Decree No. 166/14 on the Sharing of Electronic Communications Infrastructures. The Presidential Decree establishes principles for mandatory sharing of electronic communication infrastructures (Art. 7), coordination and control through a coordination committee (Art. 8), management of shared infrastructures (Art. 9), registration and availability of shared infrastructures (Art. 10), and the contractual aspects of infrastructure sharing (Art. 12).
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20240328174135/https://inacom.gov.ao/fotos/frontend_1/editor2/decreto_presidencial_no_166_14-9_julho_de_2016-22_de_novembro_de_2017.pdf
- https://web.archive.org/web/20220618032236/https://minttics.gov.ao/fotos/frontend_10/gov_documentos/lei_das_comunicacoes_electro_19324146535f1886da78b9b...s_sociedade_da_informacao.pdf
- https://datahub.itu.int/data/?i=100014&e=AGO
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ANGOLA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
5.89%
Coverage rate of zero-tariffs on ICT goods (%)
45.76%
Coverage: ICT goods
Sources
- http://wits.worldbank.org
- 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
ANGOLA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the 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)
Angola is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
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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ANGOLA
Since December 2020, entry into force in January 2021
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 41/20 Public Procurement Law (Law No. 41/20 dos Contratos Públicos)
According to Art. 54 of Law No. 41/20, foreign firms are only allowed to participate in bids for public contracts in Angola if they have a legal presence in Angola and one of the following specific conditions are met:
- The value of the contract must be equal to or greater than the amount specified in Annex III of the law, which is 182 million kwanzas (approx. USD 220,000) for goods and services. Below this value, foreign companies can only participate in government procurements as a supplier or subcontractor to an Angolan company fulfilling a government contract;
- The contract must be for a service that is technically complex or specialised, and it must be reasonable to expect that no Angolan firm can provide the service adequately;
- The contract is for a conceptual project unless the contracting authority explicitly restricts foreign participation in the terms of reference.
Furthermore, Art. 13 determines that government suppliers must be registered in the centralised Angolan Government Databank.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
- The value of the contract must be equal to or greater than the amount specified in Annex III of the law, which is 182 million kwanzas (approx. USD 220,000) for goods and services. Below this value, foreign companies can only participate in government procurements as a supplier or subcontractor to an Angolan company fulfilling a government contract;
- The contract must be for a service that is technically complex or specialised, and it must be reasonable to expect that no Angolan firm can provide the service adequately;
- The contract is for a conceptual project unless the contracting authority explicitly restricts foreign participation in the terms of reference.
Furthermore, Art. 13 determines that government suppliers must be registered in the centralised Angolan Government Databank.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
Coverage Horizontal
Sources
ANGOLA
Since December 2020, entry into force in January 2021
Since June 2014
Since June 2014
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 41/20 Public Procurement Law (Law No. 41/20 dos Contratos Públicos)
Joint Executive Decree No. 157/14
Joint Executive Decree No. 157/14
Under Art. 53 of Law No. 41/20, the contracting authority is required to include in tender documents specific rules that promote the preferential contracting of Angolan companies - including micro, small, and medium-sized enterprises (MSMEs). These rules include provisions such as preferential access to the negotiation phase, a margin of preference up to 10%, an increase in the overall score awarded to the proposals of Angolan companies, a higher score for goods produced, extracted, or cultivated in Angola, a requirement that a percentage of the subcontracted work be reserved for Angolan companies, and preferential treatment for domestic suppliers to limit foreign participation in public procurement.
Furthermore, according to Art. 4 of the Joint Executive Decree No. 157/14, large companies executing public contracts must outsource to Angolan MSMEs at least 10% of the value of services contracts and 25% of the value of works contracts.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
Furthermore, according to Art. 4 of the Joint Executive Decree No. 157/14, large companies executing public contracts must outsource to Angolan MSMEs at least 10% of the value of services contracts and 25% of the value of works contracts.
The Public Procurement Law No. 41/20, in effect since January 2021, revoked Law No. 9/16 on Public Procurement in Angola but kept the previous restrictions on foreign participation.
Coverage Horizontal
