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GUINEA-BISSAU

N/A

Pillar Domestic data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive legal framework for data protection
Guinea-Bissau does not have a comprehensive regime in place for personal data, but it has implemented some limited sectoral regulations. Under Art. 8(d) of the Interconnection Regulations (Decree No. 13/2010 of 27 May) applicable in the telecom sector, the interconnection must ensure the protection of data, including the protection of personal data and the confidentiality of transmitted or archived information.
Coverage Horizontal

GUINEA-BISSAU

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-Bissau's law and jurisprudence.
Coverage Internet intermediaries

GUINEA-BISSAU

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-Bissau's law and jurisprudence.
Coverage Internet intermediaries

GUINEA-BISSAU

Since November 2013

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Decree No. 22/2013 of 13 November - Subscribers of Mobile Telecom Network Regulations (Decreto No. 22/2013 de 13 de Novembro - Regulamento para Identificação de Assinantes das Redes de Telecomunicações Móveis do País)
According to Arts. 3 and 5 of Decree No. 22/2013, anyone wishing to subscribe to mobile cellular telecommunications services (including the acquisition of SIM cards) is obliged to identify themselves by registering their names and national identification numbers before the telecommunications operators.
Coverage Mobile telecommunications services

GUINEA-BISSAU

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 3 in Guinea-Bissau for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal

GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that import activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Import activities

GUINEA-BISSAU

Since May 2011

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Export restrictions on ICT goods or online services
Decree-Law No. 8/2011 (Decreto-Lei No. 8/2011)
Art. 9 of Decree-Law No. 8/2011 provides that export activities are subject to the prior licensing regime, whose requirements are specified in Art. 5. In addition, Art. 10 states that import and export operations are subject to a simple written declaration by operators to the Ministry of Commerce, Industry and Tourism, which will forward the information to the customs service.
Coverage Export activities

GUINEA-BISSAU

Since May 2010

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 5/2010 of 27 May - Basic Information and Communications and Technologies Law (Lei No. 5/2010 de 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
Art. 106 of Law No. 5/2010 provides that the Autoridade Reguladora Nacional (ARN, National Regulatory Authority) is responsible for determining the approval of equipment used in the provision of information and communications services to interconnect or operate telecommunications systems and terminal equipment. The ARN's approval determinations may be conferred under the terms of this Law No. 5/2010 or in certificates granted by the ARN or by competent organisations authorised by the ARN. Terminal equipment intended to be connected to a network open to the public must be approved by the ARN. In any case, approval is always required in the case of radio installations, whether or not they are intended to be connected to a public network.
As the standards and technical regulations approved at the West African Economic and Monetary Union (WAEMU) level, as well as the community accreditation system, apply in Guinea-Bissau, the conformity of imported goods with technical regulations can be certified by an accredited laboratory, with a certificate of conformity mark as proof. The Scheme for the Harmonization of Accreditation, Certification, standardisation and Metrology Activities within WAEMU is based on the principle of mutual recognition among Member States at three levels: recognition of technical regulations, national standards and specifications, recognition of conformity assessment procedures and their results. Support for achieving consistency of national regimes is provided by three technical structures, one of which is the West African Accreditation System (SOAC). The purpose of introducing the SOAC was to give Member States a single organisation for accrediting conformity assessment bodies (laboratories, inspection bodies and certification bodies). The SOAC signed a Mutual Recognition Agreement with the African Accreditation Cooperation (AFRAC) and the International Laboratory Accreditation Cooperation (ILAC) in May 2022.
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Guinea-Bissau does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation under Arts. 70.c and 74.c of Law No. 5/2010 of May 27th - Basic Information and Communications and Technologies Law (Lei No. 5/2010 of 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação).
Coverage Telecommunications sector

GUINEA-BISSAU

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Guinea-Bissau has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUINEA-BISSAU

Since May 2010

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 5/2010 of 27 May - Basic Information and Communications and Technologies Law (Lei No. 5/2010 de 27 de Maio - Lei de Base das Tecnologias de Informação e Comunicação)
The telecom regulating body of Guinea-Bissau (Autoridade Reguladora Nacional - ARN) is independent in the exercise of its functions according to Art. 7 of Law No. 5/2010.
Coverage Telecommunications sector

GUINEA-BISSAU

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'organization Africaine de la Propriété Intellectuelle)
According to the Bangui Agreement, ratified by 17 States, including Guinea-Bissau, 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-BISSAU

Since December 1997

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

GUINEA-BISSAU

Since April 1966
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
Copyright Code (approved by Decree-Law No. 46.980 of April 27, 1966) (Código do Direito de Autor (aprovado pelo Decreto-Lei No. 46.980 de 27 de Abril de 1966))

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-Bissau has a copyright regime under the Copyright Code. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 181-188 list the exceptions, which include: reproduction by organs of the press of speeches and other statements made in public; the performance of hymns or officially adopted patriotic songs; works of a religious nature during religious services or acts; work included in educational programs or books, when integrated into teaching; among others.
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-Bissau 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-BISSAU

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Guinea-Bissau has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

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