Database

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GUYANA

Since August 2023

Pillar Online sales and transactions  |  Indicator UNCITRAL Model Law on Electronic Commerce
Electronic Communications and Transactions Act 12 of 2023
Guyana enacted the Electronic Communications and Transactions Act 12 of 2023, drawing upon the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal

GUYANA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUYANA

N/A

Pillar Telecom infrastructure & competition  |  Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
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.
Coverage Telecommunications sector

GUYANA

Since June 2010, entry into force in April 2011, last amended in January 2016
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
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.
Coverage Financial sector

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.
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

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.
Coverage Telecommunications sector

GUYANA

Since August 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Electronic Communications and Transactions Act 2023
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)).
Coverage Internet intermediaries

GUYANA

Since August 2023

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Electronic Communications and Transactions Act 2023
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)).
Coverage Internet intermediaries

GUYANA

Since December 2008

Pillar Intermediary liability  |  Indicator User identity requirement
Telecommunication (Amendment) Act 2008
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.
Coverage Telecommunications sector

GUYANA

Since September 1959
Since February 1996

Pillar Quantitative trade restrictions for ICT goods and online services  |  Indicator Other import restrictions, including non-transparent/discriminatory import procedures
Trade Act (Cap. 91:01)

Trade (Control of Import and Export) (Amendment) Order 1996
Under Arts. 5 and 9 of the Trade Act, the Minister may, by order, condition the importation of specified goods on a licence, while the competent authority may grant or withhold the required licences. Pursuant to Art. 2 and the Schedule to the Trade (Control of Import and Export) (Amendment) Order 1996, published in February 1996, goods classified under HS headings 85.25–85.27 require a prior import licence. These headings cover radio and television transmission apparatus, television cameras, radar and radio-navigational apparatus, radio remote-control equipment and radio-reception apparatus. The Guyana Revenue Authority confirms that all goods falling under these headings must have an import licence before importation and submission of the customs declaration.
Coverage Radio, telecommunications, and related electronic equipment

GUYANA

Since January 1938
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
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

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

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