GUINEA
N/A
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Lack of comprehensive consumer protection law applicable to online commerce
Guinea lacks a comprehensive framework for consumer protection that applies to online transactions.
Coverage Horizontal
GUINEA
Reported in 2021
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
Low de minimis threshold
It is reported that the de minimis threshold, that is the minimum value of goods below which customs do not charge duties, is USD 80, below the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
GUINEA
Reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Requirement to establish a commercial presence to use a local domain name
It is reported that a local company in Guinea is required in order to be able to register a ".com.gn" domain name.
Coverage Horizontal
GUINEA
Since July 2016
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Restrictions on encryption standards
Law No. L/2016/037/AN of 28 July 2016, on cybersecurity and personal data protection in the Republic of Guinea (Loi N° L/2016/037/AN du 28 juillet relative à la cyber-sécurité et la protection des données à caractère personnel en République de Guinée
According to Art. 57 of the cybersecurity and personal data protection law, the
importation, sale or use of encryption services (in the law "means of cryptology") is banned unless authorised by the government.
importation, sale or use of encryption services (in the law "means of cryptology") is banned unless authorised by the government.
Coverage Encryption services
GUINEA
Since December 2021
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Decree No. D/2021/0196/PRG/CNRD/SGG of 9 December 2021, regulating electronic transactions in the Republic of Guinea (Décret N° D/2021/0196/PRG/CNRD/SGG du 09 décembre 2021 portant réglementation des transactions électroniques en République en Guinée)
According to Art. 7 of Decree No. D/2021/0196/PRG/CNRD/SGG, the practice of e-commerce is subject to a list of requirements including:
- having a dedicated domain name with ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
- having a dedicated domain name with ".gn" or ".com" extension for the activity;
- subscribing to a service provider for trust;
- implementing a security system for electronic transactions;
- having a website dedicated to the activity;
- registering as an e-commerce provider.
Coverage Horizontal
GUINEA
Since May 2017
Pillar Technical standards applied to ICT goods and online services |
Sub-pillar Self-certification for product safety
Decision No. A/001/ARPT/CNRPT/2017 on procedures for acquiring approvals for installers, importers and approval of communication equipment and terminals (Décision A/001/ARPT/CNRPT/2017 portant procédures d'acquisition des agréments des installateurs, importateurs et d'homologation des équipements et terminaux de communication)
According to Art. 3 of Decision A/001/AEPT/CNRPT/2017, telecommunication equipment and terminals and radioelectric installation must be homologated and certified as for the compliance with the regulation. Self-certification is not allowed for those products. According to Art. 2 of the Decision, this applies to any equipment intended for direct or indirect connection to a telecommunications network termination point for the purpose of transmitting, processing or receiving information. It also includes any communication installation that uses radio frequencies to propagate waves. According to Art. 5, each homologation request must be accompanied by several documents, including a representative sample of each type of equipment subject to the request. These samples are returned to the applicant at their own expense after the related studies and tests.
Coverage Radio equipment and terminal equipment
Sources
- https://www.arpt.gov.gn/wp-content/uploads/2021/04/decision1.pdf
- http://www.waqsp.org/sites/default/files/PNQ-Guin%C3%A9e_1.pdf
- https://www.cma-cgm.com/static/eCommerce/Attachments/Guinea%20v1.pdf
- https://www.sgs.com/-/media/sgscorp/documents/corporate/brochures/sgs-gis-renovo-guinea-datasheet-regulated-product-list-a4-en-v1.cdn.en.1.ashx
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GUINEA
Since April 2015
Since May 2017
Since May 2017
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 2015/018/AN of 13 April 2015, relating to telecommunications and information technologies in the Republic of Guinea (Loi N° 2015/018/AN du 13 Avril 2015 relative aux télécommunications et aux technologies de l'information en République de Guinée)
Decision No. A/001/ARPT/CNRPT/2017 on procedures for acquiring approvals for installers, importers and approval of communication equipment and terminals (Décision A/001/ARPT/CNRPT/2017 portant procédures d'acquisition des agréments des installateurs, importateurs et d'homologation des équipements et terminaux de communication)
Decision No. A/001/ARPT/CNRPT/2017 on procedures for acquiring approvals for installers, importers and approval of communication equipment and terminals (Décision A/001/ARPT/CNRPT/2017 portant procédures d'acquisition des agréments des installateurs, importateurs et d'homologation des équipements et terminaux de communication)
According to Art. 64 of Law No. 2015/018/AN, the importation of radio equipment and terminal equipment must undergo prior approval to authorize their entry into Guinean territory. According to Art. 2 of Decision No. A/001/ARPT/CNRPT/2017, it refers to any equipment intended for direct or indirect connection to a telecommunications network termination point for the purpose of transmitting, processing or receiving information. It also includes any communication installation that uses radio frequencies to propagate waves.
Coverage Radio equipment and terminal equipment
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 14 of Law L/2022/0010/CNT provides that operators or companies working on their behalf are obliged to employ Guinean personnel in accordance with the following minimum quota by category:
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
- Skilled workers: 50% of staff, from the start of operations; 70% of staff, from the fourth year of operation; 85% of staff, from the seventh year of operation.
- Unskilled workers: 100% of staff, from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
- Executives: 30% of staff, including the human resources manager, from the start of operations; 40% of staff, from the fourth year of operation; 50% of staff, from the seventh year of operation.
- Management staff: 25% of staff, from the start of operations; 40% of staff, from the fourth year of operation; 70% of staff, from the seventh year of operation.
- Skilled workers: 50% of staff, from the start of operations; 70% of staff, from the fourth year of operation; 85% of staff, from the seventh year of operation.
- Unskilled workers: 100% of staff, from the start of operations.
In the event that it is duly established by the operator, by means of documents or detailed reports sent to the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), that the above quotas cannot be met at these various stages, due to a lack of expertise or availability, the operator shall draw up a detailed training programme and a timetable for the gradual replacement of foreign staff by nationals.
Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Coverage Horizontal
GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods and online services |
Sub-pillar Local content requirements (LCRs) on ICT goods for the commercial market
Law L/2022/0010/CNT of 22 September 2022, on Local Content of the Republic of Guinea (Loi L/2022/0010/CNT du 22 septembre 2022 Portant Contenu Local de la République de Guinée)
Art. 8 of Law L/2022/0010/CNTA obliges economic operators to source Guinean goods and services as part of their activities in the Republic of Guinea. It provides that operators must conclude contracts for the supply of goods or services with Guinean natural or legal persons in order to obtain supplies on the local market, in accordance with a list of goods and services drawn up by order of the Ministry responsible for the private sector. These are goods manufactured or produced in Guinea and services provided on Guinean territory. All companies, whether local or foreign, regardless of their sector of activity, are subject to the provisions of Art. 8, with the exception of local micro, small and medium-sized enterprises (MSMEs). Operator refers either to the company in charge of carrying out public projects, or to investors in private sector projects covered by the investment code, or to companies working on their behalf, regardless of the sector.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Art. 11 further specifies that in the event that the supply of local goods or services proves impossible due to unavailability or insufficiency, operators subject to local content are authorised, on the favourable opinion of the Autorité de Régulation et de Contrôle du Contenu Local (ARCCL), in conjunction with the ministry in charge of the private sector, to obtain supplies on the external market.
Coverage Horizontal
GUINEA
Reported in 2023
Pillar Content access |
Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It has been reported that Guinean authorities have implemented restrictions on Facebook, WhatsApp, Instagram, TikTok and other social media platforms in May 2023.
Coverage Social media
Sources
- https://netblocks.org/reports/social-media-restricted-in-guinea-amid-political-unrest-dAmJ4EB9
- https://nfoulen.org/article/guinee-ablogui-condamne-fermement-la-restriction-de-lacces-aux-reseaux-sociaux
- https://netblocks.org/reports/internet-cut-across-guinea-ahead-of-elections-xAGoQxAz
- https://www.accessnow.org/press-release/stop-shutting-down-the-internet-guinea/
- Show more...
GUINEA
Reported in 2022
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 2 in Guinea. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
GUINEA
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's law and jurisprudence.
Coverage Internet intermediaries
GUINEA
Since July 2016
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. L/2016/037/AN of 28 July 2016, on cybersecurity and personal data protection in the Republic of Guinea (Loi N° L/2016/037/AN du 28 juillet relative à la cyber-sécurité et la protection des données à caractère personnel en République de Guinée
According to Art. 67 of the Law No. L/2016/037/AN, access to internet services from cyber cafes is subject to prior identification of users. The modalities will be determined by Ministerial Order of the Minister in charge of Posts, Telecommunications and Digital Economy.
Coverage Internet cafes
GUINEA
Since December 2020
Pillar Intermediary liability |
Sub-pillar User identity requirement
Decision D/001/ARTP/CNRPT/2021 of 31 December 2020 on subscriber identification (Décision D/001/ARTP/CNRPT/2021 du 31 décembre 2020 portant sur l'identification des abonnés)
According to Art. 2 of the Decision D/001/ARTP/CNRPT/2021, SIM card or internet services' activation is only authorized after identification of the subscribers. The latest must provide their ID card, electoral card or passport (Art. 3).
Coverage Telecommunications sector
GUINEA
Since April 2015
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 2015/018/AN of 13 April 2015, relating to telecommunications and information technologies in the Republic of Guinea (Loi N° 2015/018/AN du 13 Avril 2015 relative aux télécommunications et aux technologies de l'information en république de Guinée)
Art. 36 of the Telecommunications Act requires the identification of all telecommunication service subscribers. It also requires operators to transmit the identification data to the “competent authorities” upon request from the public prosecutor's office.
Coverage Telecommunications sector