GUYANA
N/A
Pillar Online sales and transactions |
Indicator Ratification of the UN Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention of Electronic Communications
Guyana has not signed the United Nations (UN) Convention on the Use of Electronic Communications.
Coverage Horizontal
GUYANA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Guyana has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
GUYANA
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Guyana has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
GUYANA
Since December 1998
Pillar Domestic data policies |
Indicator Minimum period for data retention
Security Industry Act
According to Art. 8 of the Security Industry Act, registered security holders shall preserve accounting records for six years.
Coverage Financial sector
GUYANA
N/A
Pillar Intermediary liability |
Indicator 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 Guyana's law and jurisprudence.
Coverage Internet intermediaries
GUYANA
N/A
Pillar Intermediary liability |
Indicator 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 Guyana's law and jurisprudence.
Coverage Internet intermediaries
GUYANA
Reported in 2021, last reported in 2023
Pillar Intermediary liability |
Indicator User identity requirement
Mandatory SIM card registration
It is reported that Guyana imposes an identity requirement for SIM registration. Anyone wanting to purchase a SIM card has to provide their national ID card or a passport in case of foreigners.
Coverage Telecommunications sector
Sources
- https://www.comparitech.com/blog/vpn-privacy/sim-card-registration-laws/#Type_of_ID_required_by_country
- https://web.archive.org/web/20230123124352/https://www.gsma.com/mobilefordevelopment/wp-content/uploads/2021/04/Digital-Identity-Access-to-Mobile-Services-and-Proof-of-Identity-2021_SPREADs.pdf
- https://web.archive.org/web/20190415140331/https://guyanatimesgy.com/crime-chief-warns-about-purchasing-sim-cards-for-others/
- Show more...
GUYANA
N/A
Pillar Cross-border data policies |
Indicator Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Guyana has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
GUYANA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive data protection regime
Guyana does not have data protection law in place, however there is a Data Protection Bill from 2023 that is pending approval.
There are certain regulations in the financial sector related to data protection, namely:
- The Financial Institutions Act of 1995;
- The Anti-Money Laundering;
- The Countering the Financing of Terrorism Act No. 13 of 2009;
- The Credit Reporting Act of 2010.
There are certain regulations in the financial sector related to data protection, namely:
- The Financial Institutions Act of 1995;
- The Anti-Money Laundering;
- The Countering the Financing of Terrorism Act No. 13 of 2009;
- The Credit Reporting Act of 2010.
Coverage Horizontal
GUYANA
Reported in 2022, last reported in 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Reported mechanism for investment screening
It has been reported that the Government of Guyana administers an investment screening mechanism through the Guyana Office for Investment (GOINVEST). Under this framework, GOINVEST prepares investment agreements, which are subsequently reviewed by the Guyana Revenue Authority (GRA). Final approval of the investment agreement is granted by the Minister of Finance, contingent upon the GRA's approval. In some cases, investments in specific industries may require additional approval from the relevant ministries.
Coverage Horizontal
GUYANA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Lack of proper enforcement of IPRs
It is reported that even with a completed registration, no effective enforcement mechanisms exist to protect intellectual property rights.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Lack of participation in the Patent Cooperation Treaty (PCT)
Guyana is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
GUYANA
Since November 1956, as amended in January 1966
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
The Copyright Act, 1956
Guyana has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 6-10 of the Copyright Act (amended by the Copyright (British Guiana) Order, 1966) establishes the exceptions, which include purposes of research, private study, criticism or review, among others.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230516154419/https://infojustice.org/wp-content/uploads/2023/04/Band-and-Gerafi-April-2023.pdf
- https://web.archive.org/web/20221229120140/https://www.legislation.gov.uk/ukpga/1956/74/pdfs/ukpga_19560074_en.pdf
- https://web.archive.org/web/20190911073524/https://guyanachronicle.com/2016/07/22/copyright-laws/
- Show more...
GUYANA
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Guyana has laws governing intellectual property rights and patents. However, a lack of enforcement offers limits safeguards in practice and allows for the relatively uninhibited distribution and sale of illegally obtained content.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Guyana has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
