GUYANA
Since June 2010, entry into force in April 2011, last amended in January 2016
Since January 2014
Since January 2014
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Credit Reporting Act 2010
Credit Reporting (Cross Border Transfer and Storage of Credit Information) Regulations 2014
Credit Reporting (Cross Border Transfer and Storage of Credit Information) Regulations 2014
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.
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.
Coverage Financial sector
Sources
- https://web.archive.org/web/20221126035915/https://www.bankofguyana.org.gy/bog/images/Legislation/act_no_9_2010-1_2_.pdf
- https://web.archive.org/web/20250902122822/https://parliament.gov.gy/documents/regulations/17471-1_of_2014.pdf
- https://web.archive.org/web/20250902133707/https://parliament.gov.gy/documents/orders/17389-order_8_of_2011.pdf
- https://web.archive.org/web/20251012053348/https://www.bankofguyana.org.gy/bog/images/Legislation/Credit%20Reporting%20Amendment%20Act%202of%202016.pdf
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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 a 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
Since December 1998, last amended in December 2015
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
Sources
- https://web.archive.org/web/20240714180345/https://guyanastockexchangeinc.com/gse/sec/media/Securities-Industry-Act-1998-and-Regulations.pdf
- https://web.archive.org/web/20250902162636/https://www.parliament.gov.gy/publications/acts-of-parliament/anti-money-laundering-and-countering-the-financing-of-terrorism-amendmentac
GUYANA
Since December 2008
Pillar Domestic data policies |
Indicator Minimum period for data retention
Telecommunication (Amendment) Act 2008
Pursuant to Art. 9A(2) of the Telecommunication (Amendment) Act 2008, a licensee authorised to provide mobile cellular services 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.
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.
(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.
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.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20250902203531/https://www.parliament.gov.gy/publications/acts-of-parliament/telecommunication-amendment-act-2008
- https://web.archive.org/web/20260214072949/https://telecoms.gov.gy/images/acts/Telecommunications_Act_No_18_of_2016.pdf
- https://web.archive.org/web/20260222191124/https://mola.gov.gy/laws/Volume%2010%20Cap.%2047.01%20-%2049.071696827726.pdf
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GUYANA
Since January 1938
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Patents Regulations
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.
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/
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GUYANA
Reported in 2022, last reported in 2024
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
Guyana maintains a legal framework governing intellectual property rights, including patents. However, reported enforcement capacity remains limited, which weakens practical safeguards and facilitates the relatively uninhibited distribution and sale of unlawfully obtained content. It is further reported that, even where rights are formally registered, effective enforcement mechanisms to protect intellectual property rights are lacking in practice.
Coverage Horizontal
Sources
- https://web.archive.org/web/20260121110726/https://www.state.gov/reports/2022-investment-climate-statements/guyana
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
- https://web.archive.org/web/20231211230509/https://www.trade.gov/country-commercial-guides/guyana-protecting-intellectual-property
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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
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Performances and Phonograms Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Guyana has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
GUYANA
N/A
Pillar Intellectual Property Rights (IPRs) |
Indicator Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20220730121037/https://mola.gov.gy/sites/default/files/Cap%2090%2007%20-%20Competition%20and%20Fair%20Trading_0.pdf
- https://web.archive.org/web/20220808202817/https://www.oas.org/es/sla/ddi/docs/acceso_informacion_base_dc_leyes_pais_GY_2.pdf
- https://web.archive.org/web/20231110080013/https://www.wto.org/english/tratop_e/tpr_e/s422_e.pdf
- https://web.archive.org/web/20240715053903/https://puc.org.gy/wordpress/PUC/ConsDocs.php
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GUYANA
Since December 2016
Since October 2020
Since October 2020
Pillar Telecom infrastructure & competition |
Indicator Passive infrastructure sharing obligation
Telecommunications Act of 2016
Telecommunications (Interconnection and Access) Regulations 2020
Telecommunications (Interconnection and Access) Regulations 2020
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.
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.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20231203072353/https://telecoms.gov.gy/images/acts/Telecommunications_Act_No_18_of_2016.pdf
- https://web.archive.org/web/20231214011617/https://officialgazette.gov.gy/images/gazette2020/oct/Extra_23OCTOBER2020Reg7of2020.pdf
- https://datahub.itu.int/data/?i=100014&e=
- https://web.archive.org/web/20240715053903/https://puc.org.gy/wordpress/PUC/ConsDocs.php
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GUYANA
Since December 2016
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Telecommunications Act 2016
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.
Coverage Telecommunications sector
GUYANA
Since January 1938
Since January 1938, last amended in June 1992
Since January 1938, last amended in June 1992
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Patents Regulations
Patents and Designs Act
Patents and Designs Act
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.
Coverage Horizontal
