TUNISIA
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
Tunisia has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
TUNISIA
Since July 2004
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
Organic Act No. 2004-63 of 27 July 2004 on the Protection of Personal Data
The Organic Act No. 63-2004 on the Protection of Personal Data provides a comprehensive regime of data protection in Tunisia and sets up the National Authority of Data Protection (INPDP) in charge of its enforcement.
Coverage Horizontal
TUNISIA
Since September 2022
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Decree No. 54 of 2022 relating to combating crimes related to information and communication systems
Art. 6 of Decree No. 54-2022 requires telecommunications service providers to keep data stored in their own information system for a period of no less than two years, including geolocation data, personal identification data, and traffic flow data. It is unclear if the information system has to be in the country or not.
Coverage Telecommunications sector
TUNISIA
Since January 2022
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Decree-Law No. 2-2022, organizing the activity of credit information
According to Art. 21 of the Decree-Law No. 2-2022, it is forbidden for companies organizing the activity of credit information to transfer their databases outside Tunisia and to host the data in the cloud.
Coverage Financial sector
TUNISIA
Reported in 2017, last reported in 2023
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Ban on the transfer of personal data
It is reported that public companies and institutions are prohibited by the Ministry of Communication Technologies from freely transmitting and storing personal data outside of the country.
Coverage Public sector
TUNISIA
Since January 2001, as amended in May 2002, last amended in April 2013
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Law No. 01-2001 promulgating the telecommunications code
It is reported that the Instance Nationale des Télécommunications (INT, National Telecommunications Authority), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process. Art. 63 (bis) of Law No. 01-2001 provides that the INT shall have legal personality and financial autonomy.
Coverage Telecommunications sector
TUNISIA
Since July 2004
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing requirement
Organic Act No. 2004-63 of 27 July 2004 on the Protection of Personal Data
Pursuant to Organic Act No. 2004-63, the transfer of personal data is generally prohibited or subject to strict measures. According to Art. 52, prior authorisation from the Tunisian Data Protection Authority (Instance Nationale de Protection des Données à caractère Personnel, INPDP) is required in all circumstances. In addition, according to Art. 50, it is forbidden to transfer personal data to a foreign country where this is likely to harm the public security or vital interests of Tunisia. Lastly, according to Art. 51, the transfer of personal data is not permitted to countries which do not provide an adequate level of data protection. It should be noted that Art. 22 provides that the natural person or the legal representative of the legal entity wishing to carry out the processing of personal data and their agents must meet the following conditions: be of Tunisian nationality; be a resident of Tunisia; and have no criminal record. These conditions also apply to the subcontractor and its agents.
Coverage Horizontal
TUNISIA
Since January 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Decree No. 2014-412 of 16 January 2014, setting the conditions and procedures for granting authorisation to operate a virtual telecommunications network
According to Art. 2 of Decree No. 2014-412, the activity of a virtual telecommunications network operator is subject to authorization from the Minister responsible for telecommunications after advice from the national telecommunications authority. Art. 5 lists the required conditions, including: to be a Tunisian citizen; to have a capital of not less than 150,000 dinars (approx. USD 48,500) owned nominally and by a majority of Tunisians.
Coverage Virtual telecommunications network operators
TUNISIA
Since December 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Decree No. 4773-2014 fixing the conditions and procedures for allocating authorizations for ISP activities
According to Art. 2 of Decree No. 4773-2014, ISPs must be authorised by the Minister responsible for telecommunications after consultation with the Minister of the Interior and the National Telecommunications Authority. Art. 3 stipulates that any person wishing to be authorised as an ISP must meet the following conditions:
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least 1,000,000 dinars (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of 150,000 dinars (approx. USD 48,500), payable on the date of granting the authorisation.
- In the case of a natural person, be of Tunisian nationality and hold a university degree or equivalent;
- In the case of a legal person, be constituted in accordance with Tunisian law, with a share capital of at least 1,000,000 dinars (approx. USD 322,000) held in name and by a majority of Tunisian nationals.
Art. 4 adds that granting of the ISP authorisation is subject to the payment of a fee of 150,000 dinars (approx. USD 48,500), payable on the date of granting the authorisation.
Coverage Telecommunications sector
TUNISIA
Since April 1997
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Tunisia has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of Commitments annexed to the Fourth Protocol on Basic Telecommunications.
Coverage Telecommunications sector
TUNISIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Requirement of accounting and functional separation for dominant network operators
It is reported that Tunisia mandates functional and accounting separation for operators with significant market power (SMP) in the telecom market. According to Art. 26-bis of Law No. 1-2001 promulgating the Telecommunications Code, operators of public telecommunications networks and access networks undertake to keep analytical accounts distinguishing between each network and each service and to refrain from any anti-competitive practices, in particular cross-subsidisation.
Coverage Telecommunications sector
Sources
- https://tunisia.mom-gmr.org/fileadmin/Editorial/Tunesia/Laws/code_des_telecommunications.pdf
- https://www.mtc.gov.tn/fileadmin//texte_juridiques/D2001-0831.pdf
- https://s3-eu-west-1.amazonaws.com/public.ldit.dcaf/lois/Loi%20n%C2%B0%202001-1%20du%2015%20Janvier%202001%20(Fr).pdf
- https://datahub.itu.int/data/?e=TUN&i=100047
- Show more...
TUNISIA
Since January 2001, last amended in April 2013
Pillar Telecom infrastructure and competition |
Sub-pillar Other restrictions to operate in the telecom market
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code
Art. 5 of Law No. 1 of 2001 states that the provision of telecommunication services is subject to prior authorization by the Minister responsible for Telecommunications. Subject to the provisions of Art. 5 of the Code, Art. 8 establishes that the provider of telecommunications services must meet the following conditions:
- for natural persons, they must be of Tunisian nationality;
- in the case of a legal entity, it must be incorporated in accordance with Tunisian law.
Telecommunications service is defined as any service providing telecommunications between two or more users.
- for natural persons, they must be of Tunisian nationality;
- in the case of a legal entity, it must be incorporated in accordance with Tunisian law.
Telecommunications service is defined as any service providing telecommunications between two or more users.
Coverage Telecommunications sector
TUNISIA
Since December 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Decree No. 4773 of 26 December 2014 fixing the conditions and procedures for allocating authorizations for ISP activities
Art. 3 of Decree No. 4773 stipulates that any legal entity wishing to obtain a licence as an Internet service provider must, inter alia, meet the requirement of having a majority shareholding by Tunisian owners.
Coverage Internet service providers (ISPs)
TUNISIA
Since January 2001, as amended in April 2013
Since January 2014
Since January 2014
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 1 of 2001 dated 15 January 2001 Concerning The Issuance of the Telecommunications Code
Decree No. 2014-412 of 16 January 2014, setting the conditions and procedures for granting authorisation to operate a virtual telecommunications network
Decree No. 2014-412 of 16 January 2014, setting the conditions and procedures for granting authorisation to operate a virtual telecommunications network
Art. 31 ter of Law No. 1 of 2001 provides that the operation of a virtual telecommunications network shall be subject to prior authorisation by the Minister responsible for telecommunications after obtaining the opinion of the Instance Nationale des Télécommunications (INT, National Telecommunications Authority). The conditions and procedures for granting this authorisation are laid down by Decree No 2014-412. Art. 5 of the Decree stipulates that any legal entity wishing to obtain a licence to operate a virtual telecommunications network must, inter alia, have a majority Tunisian shareholding. Operator of a virtual telecommunications network is defined in Law No. 1 of 2001 as any legal entity holding an authorisation for the provision of telecommunications services by means of a telecommunications network and radio frequencies that it does not own.
Coverage Virtual telecommunications network operators
TUNISIA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
The government owns shares in certain telecom companies. In particular, the Tunisian State owns 65% of Tunisie Telecom capital and, since 2011, it owns 10% of the shares of Ooredoo Tunisia and 51% of the shares of Orange Tunisia.
Coverage Telecommunications sector