GUINEA
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, Regulating Electronic Transactions in the Republic of Guinea (Décret No. D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République de Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements, including:
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
- having a dedicated domain name with a ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
Coverage Horizontal
GUINEA
Reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It has been reported that Guinean authorities have implemented restrictions on Facebook, WhatsApp, Instagram, TikTok and other social media platforms in May 2023.
Coverage Social media
GUINEA
Reported in 2024
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 1 in Guinea for the year 2023. This corresponds to "The government shut down domestic access to the Internet numerous times this year."
In addition, it is reported that the military junta has maintained a permanent internet shutdown since assuming power in 2022, primarily targeting periods of planned protests. Before the junta's rule, authorities also implemented a complete internet shutdown during the 2020 elections' voting period.
In addition, it is reported that the military junta has maintained a permanent internet shutdown since assuming power in 2022, primarily targeting periods of planned protests. Before the junta's rule, authorities also implemented a complete internet shutdown during the 2020 elections' voting period.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240224025717/https://www.iol.co.za/news/africa/guineas-junta-lifts-internet-restrictions-56906236-d747-4a75-9384-f9accf424c65
- https://www.v-dem.net/vdemds.html
- https://web.archive.org/web/20231210072639/https://www.accessnow.org/press-release/stop-shutting-down-the-internet-guinea/
- Show more...
GUINEA
Since April 2015
Since May 2017
Since May 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
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)
Decision A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and the 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)
Decision A/001/ARPT/CNRPT/2017 on Procedures for Acquiring Approvals for Installers, Importers, and the 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. 64 of Law No. 2015/018/AN, the importation of radio equipment and terminal equipment must undergo prior approval to authorise their entry into Guinean territory. According to Art. 2 of Decision A/001/ARPT/CNRPT/2017, radio equipment and terminal equipment refer 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.
Coverage Radio equipment and terminal equipment
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
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.
- Skilled workers: 50% of staff from the start of operations, 70% of staff from the fourth year of operation, and 85% of staff from the seventh year of operation.
- Unskilled workers: 100% of staff from the start of operations.
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.
- Skilled workers: 50% of staff from the start of operations, 70% of staff from the fourth year of operation, and 85% of staff from the seventh year of operation.
- Unskilled workers: 100% of staff from the start of operations.
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
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
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. 8 of Law L/2022/0010/CNTA obliges economic operators to source Guinean goods and services as part of their activities in the Republic of Guinea. It provides that operators must conclude contracts for the supply of goods or services with Guinean natural or legal persons in order to obtain supplies on the local market, in accordance with a list of goods and services drawn up by order of the Ministry responsible for the private sector. These are goods manufactured or produced in Guinea and services provided on Guinean territory. All companies, whether local or foreign, regardless of their sector of activity, are subject to the provisions of Art. 8, with the exception of local micro, small and medium-sized enterprises (MSMEs). 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.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Coverage Horizontal
Sources
- https://web.archive.org/web/20240706160019/https://www.africaguinee.com/app/uploads/2023/05/EXE_LOI-2022-CNT_A5-prop-03-1.pdf
- https://web.archive.org/web/20230329135016/https://www.financialafrik.com/2023/03/29/regards-croises-entre-les-lois-sur-le-contenu-local-en-republique-democratique-du-congo-et-la-republique-de-guinee/
GUINEA
Since April 2015
Pillar Telecom infrastructure & competition |
Sub-pillar 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
Since July 2016
Pillar Cross-border data policies |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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 |
Sub-pillar 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