The Electronic Communications and Transactions Act 2023 establishes a safe harbour regime for intermediaries for copyright infringements. Under Art. 58(1) of the Act, an intermediary that is only providing access to third-party information contained in an electronic communication is not subject to civil or criminal liability for that information, provided it satisfies the conditions in Art. 58(1)(a)–(d), including having no actual knowledge of illegality and not being aware of facts or circumstances from which the likelihood of liability ought reasonably to have been known. Where the intermediary subsequently acquires such knowledge or becomes aware of such circumstances, it must comply with the procedure in Art. 59.
According to Art. 59 the intermediaries are required, as soon as practicable, to remove the information from any system under its control, cease providing services in respect of it, and notify the police of the relevant facts and, where known, the identity of the person for whom it was supplying services (s.59(1)).

The Electronic Communications and Transactions Act 2023 establishes a safe harbour regime for intermediaries beyond copyright infringements. Under Art. 58(1) of the Act, an intermediary that is only providing access to third-party information contained in an electronic communication is not subject to civil or criminal liability for that information, provided it satisfies the conditions in Art. 58(1)(a)–(d), including having no actual knowledge of illegality and not being aware of facts or circumstances from which the likelihood of liability ought reasonably to have been known. Where the intermediary subsequently acquires such knowledge or becomes aware of such circumstances, it must comply with the procedure in Art. 59.
According to Art. 59 the intermediaries are required, as soon as practicable, to remove the information from any system under its control, cease providing services in respect of it, and notify the police of the relevant facts and, where known, the identity of the person for whom it was supplying services (s.59(1)).

Pursuant to Art. 9A(1) of the Telecommunication (Amendment) Act 2008, a licensee authorised to provide mobile cellular services may not activate or reactivate a SIM card unless the prescribed particulars of the SIM card and/or the mobile device are recorded and stored.
Under Art. 9A(2), the licensee must, at its own cost, implement a process to record and store, for a period of five years, SIM-related information, including:
(i) the MSISDN number (or an equivalent identifier) of the SIM card to be activated or reactivated;
(ii) the IMEI number of the mobile handset to be used;
(iii) the full name, age, national identity number (if any) or passport number (if any), and residential, business, and postal addresses of the person requesting activation or reactivation (subject to any alternative requirements determined by the Minister or prescribed by regulation); and
(iv) details of calling and receiving parties, as well as the time and duration of calls.
For the purposes of Art. 9A(2)(iii), the licensee must verify the individual’s full name and identity by reference to identification documents, and require the person to provide attested copies of documents evidencing their addresses to the satisfaction of the licensee.
Moreover, pursuant to Art. 9A(5) of the Act, any dealer who sells or otherwise transfers a SIM card or a mobile cellular phone must obtain from the purchaser a self-attested passport-size photograph and a ministerially approved document stating: (i) full name and age; (ii) national identity number or passport number, or other sufficient proof of identity; and (iii) residential, business, and postal addresses. The dealer must also verify, by reference to the identification document, the person’s photograph, full name, and national identity or passport number (where applicable), and retain this information for five years.
Although the original Telecommunication Act of 1990 was repealed in 2016, the new telecom framework explicitly states that the Telecommunication (Amendment) Act 2008 remains in force.

Pursuant to Art. 9 of the Trade Act, the Minister can issue an order to impose a license for the importation or exportation of specified goods. According to the Guyana Revenue Authority (GRA), tariff headings requiring an import licence under the Trade Act include HS 85.25–85.27, covering radio, telecommunications, and related electronic equipment.

Guyana has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.

Guyana has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Guyana lacks a comprehensive framework for the effective protection of trade secrets, but the Competition and Fair Trading Act of 2006 and the Access to Information Act of 2011 provide limited measures addressing some issues related to trade secrets.

Guyana imposes an obligation to share passive telecommunications infrastructure for the provision of services to end users. In practice, passive infrastructure sharing is also implemented in both the mobile and fixed sectors through commercial agreements.
Under section 42 of the Telecommunications Act 2016, where an operator requests access, for the purposes of installing, operating, or maintaining its network, to any road, conduit, pole, cable, works, or other facility of a public utility, or where a public utility requests access to an operator’s facilities, the request is governed by section 42 and the applicable regulations.
These obligations are further elaborated in Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, which requires every operator, service provider, and public utility to: (i) provide timely access, upon written request, to any facility it owns or controls on an unbundled and non-discriminatory basis, including physical access and the ability to install, operate, maintain, and repair equipment; and (ii) negotiate access agreements in good faith and in accordance with the Regulations. Art. 8.2 further specifies that operators and service providers must provide access to roads, ducts, conduits, poles, towers, cables, and other elements of their facilities (or public utility facilities, as applicable) for joint use and allocation, consistent with section 42 of the Act.

According to Art. 38.7 of the Telecommunications Act, the Public Utilities Commission may, where it deems appropriate, require that an operator or a service provider put into effect accounting separation between different portions of its telecommunications networks, facilities, and telecommunications services. However, it is reported that functional separation of SMP/dominant network operator(s) is not required by law.

Guyana has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

It is reported that the Telecommunications Agency, the executive authority responsible for the supervision and administration of services in the telecommunications sector, is independent of the government in its decision-making.

According to Art. 18 of the Credit Reporting Act 2010, credit reporting agencies may only store and retain the data collected in another country, provided they have the Bank of Guyana's approval.
Moreover, pursuant to Section 2 of the Credit Reporting (Cross Border Transfer and Storage of Credit Information) Regulations, a credit bureau may not transfer or store any information collected under the Act outside Guyana without the prior approval of the Bank.

According to Art. 12 of the Investment Act, an investment company may be wholly owned by foreign or domestic investors. According to Art. 5 of the Companies Act, incorporation in Guyana does not require residency, but according to Art. 312 external companies must register with the government to conduct business in the country. Under the Business Registration Act, Guyanese companies must use the real surnames of their incorporators or be registered with the government.

Pursuant to Art. 9(2) of the Patents Regulations, the Registrar will not accept an application for a patent relating to an invention communicated from abroad, or an application filed by a person who is not resident in Guyana at the time of filing, unless the application is submitted through a licensed patent agent. Under Art. 101 of the Patents and Designs Act, the Registrar may grant renewable annual licences to fit and proper Commonwealth citizens who are patent agents.

Pursuant to Art. 7 of the Regulations, every applicant and every person who is, or subsequently becomes, a patentee must provide the Registrar with an address for service in Guyana. For all purposes connected with the relevant proceedings or patent, that address may be treated as the applicant’s, opponent’s, or patentee’s effective address.