Database

Browse Database

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 May 2015

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Law 2015/No.008/AN of 25 May 2015 on the Investment Code of the Republic of Guinea (Loi 2015/No.008/AN du 25 mai 2015 Portant Code des Investissements en République de Guinée)
According to Art. 5 of the Investment Code of the Republic of Guinea, natural or legal persons of private law, regardless of their nationality, may not undertake some activities on Guinean territory without authorisation. The sectors include postal and telecommunications services. Furthermore, according to Art. 25 of the law, for work not requiring a specific qualification, the investor should exclusively recruit a local workforce.
Coverage Postal sector and telecommunications sector

GUINEA

Since September 2022

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
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. 18 of Law L/2022/0010/CNT provides that before commencing their activities, operators shall draw up an overall local content plan, including, among other information and documents, the percentage of turnover that will be devoted to community, social and educational projects for the populations in the basin concerned by the project. This plan is subject to approval by the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL) under conditions determined by decree. Yet, the implementing decrees are not yet available. Therefore, Art. 18 is not yet applicable.
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. 17 further specifies that the ARCCL issues a certificate of compliance to operators who meet the local content local content requirements. The certificate of compliance referred to in this article is taken into account in the assessment of the performance of operators. However, this article cannot be applicable without the implementing decrees.
Coverage Horizontal

GUINEA

Since February 1999, entry into force in February 2002, last amended in December 2015
Since December 2019, entry into force in March 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the application process for patents
Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)

Regulations on the profession of Authorised Agent before the African Intellectual Property Organization (Règlement sur la profession de Mandataire agréé auprès de l'organisation Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 French-speaking States, including Guinea, applicants resident outside the territory of the Member States must file through an agent selected in one of those Member States (Section III, Art. 8). The professional status of agent accredited to the African Intellectual Property Organization (OAPI) is governed by the Regulations on the Profession of Authorised Agent before the OAPI.
Coverage Horizontal

GUINEA

Since May 1991

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Guinea is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GUINEA

Since June 2019
Since March 1977, as amended in December 2015, entry into force in November 2020

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Law L/2019/0028/AN of 7 June 2019 on the Protection of Literary and Artistic Property in Guinea (Loi L/2019/0028/AN du 7 juin 2019, Portant Protection de la Propriété Littéraire et Artistique)

Bangui Agreement Relating to the Creation of an African Intellectual Property Organization, Constituting a Revision of the Agreement Relating to the Creation of an African and Malagasy Office of Industrial Property (Bangui (Central African Republic), 2 March 1977) (Accord de Bangui relatif à la création d'une organization Africaine de la Propriété Intellectuelle, constituant révision de l'Accord relatif à la création d'un Office Africain et Malgache de la Propriété Industrielle (Bangui (République centrafricaine), le 2 mars 1977)
Guinea has a copyright regime under the Law L/2019/0028/AN. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 22-28 list the exceptions, which include the analysis and short quotations justified by the critical, polemical, educational, scientific or informational nature of the work; the use within the authorisation of the author and without payment of separate remuneration, private use and reproduction, the use for a blind person, a person with a visual impairment of any kind or any person who, because of a disability, has reading difficulties; ephemeral recording by a broadcasting organisation's own means and for its own broadcasts of a work that it has the right to broadcast; reproduction, broadcasting or communication of a work permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction or communication and it is used for commercial purposes.
In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Guinea and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions. Nevertheless, these exceptions similarly do not conform to the fair use or fair dealing models.
Coverage Horizontal

GUINEA

Since December 1996, entry into force in May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Guinea has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

GUINEA

Since February 2002, entry into force in May 2002

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Guinea has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GUINEA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive trade secret regime
Guinea 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 them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 French-speaking States, including Guinea in 2002.
Coverage Horizontal

GUINEA

Since April 2015
Since March 2021

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
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)

Decree D/2021/091/PRG/SGG of 25 March 2021 on Infrastructure Sharing and Interconnection of Public Telecommunications Networks and Services in the Republic of Guinea (Décret D/2021/091/PRG/SGG du 25 mars 2021 Relatif au Partage d'Infrastructures et à l'Interconnexion des Réseaux et Services de Télécommunications Ouverts au Public en République de Guinée)
There is an obligation for passive infrastructure sharing in Guinea to deliver telecom services to end users. According to Art. 82 of Law No. 2015/018/AN, the Regulatory Authority for Posts and Telecommunications (ARPT) ensures the introduction of infrastructure-sharing offers in the interconnection catalogue of the dominant operators in the relevant market. These offers concern all passive infrastructures such as poles or ducts, dark fibre, and potentially active infrastructures.
Moreover, according to Decree D/2021/091/PRG/SGG, the request for infrastructure sharing cannot be refused if it does not cause any disruption or technical difficulty in terms of the proper functioning of the network and the proper operation of the service (Art. 4.4). In addition, infrastructure operators must meet requests for sharing from holders of public or private licences to operate telecommunications networks and from providers of telecommunications services under objective, transparent and non-discriminatory conditions. They must publish a catalogue of infrastructure sharing for each year (Art. 5).
Coverage Telecommunications sector

GUINEA

Since September 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
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.
Coverage Horizontal

GUINEA

Since September 2022

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
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. 22 of Law L/2022/0010/CNT provides that without prejudice to provisions more favourable to the access of local businesses to public contracts, preference is given to a tender that complies with the tender or consultation documents submitted by a local business if that tender is for a higher amount than the lowest evaluated compliant offer from a tenderer who is not a local company and falls within a margin of preference. Such a percentage is at least 10% for works and 15% for supplies and services. The national preference is quantified in the tender or consultation documents as a percentage of the amount of the tender.
Contracts for temporary groupings of foreign operators concluded with Guinean natural or legal persons also benefit from this national preference, provided that 40% of the services are entrusted to a small or medium-sized local company, either as a co-contractor or sub-contractor or that a minimum number of key national experts is proposed.
The implementing decrees are not yet available.
Coverage Horizontal

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