ARGENTINA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Lack of ratification of the Patent Cooperation Treaty (PCT)
Argentina signed the Patent Cooperation Treaty (PCT) in December 1970 but has not ratified it.
Coverage Horizontal
ARGENTINA
Since September 1933
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 11,723 - Intellectual Property Law (Ley No. 11.723 - Régimen Legal de la Propiedad Intelectual)
Argentina has a copyright regime under Law 11,723. However, the exceptions do not follow the fair use or fair dealing model, thus limiting third parties' lawful use of copyrighted works. Arts. 10, 27, 28, 36 list the exceptions, which include the use and transmission of news of general interest (the original version must be published if the source is mentioned); the publication of parliamentary speeches, provided it is not done for profit; the performance of literary or artistic works in public events organised by educational institutions, provided that the performance is not broadcast and is free of charge.
Coverage Horizontal
Sources
- https://web.archive.org/web/20231210171337/https://servicios.infoleg.gob.ar/infolegInternet/anexos/40000-44999/42755/texact.htm
- https://uk.practicallaw.thomsonreuters.com/w-010-2109?transitionType=Default&contextData=(sc.Default)&firstPage=true
- https://www.bakermckenzie.com/-/media/files/insight/publications/2018/04/bk_updated_dbarg_apr18.pdf?la=en
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ARGENTINA
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
9.28%
Coverage rate of zero-tariffs on ICT goods (%)
30.9%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ARGENTINA
N/A
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Participation in the World Trade Organization (WTO) Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
Argentina is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II).
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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ALGERIA
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Limits on e-commerce purchases
Limits on the value of goods purchasable online
It is reported that the purchase of goods from outside the country using international credit cards is only allowed up to a maximum value of DZD 100,000 (approx. USD 740) per transaction.
Coverage E-commerce
ALGERIA
Since May 2018
Pillar Online sales and transactions |
Sub-pillar Licensing scheme for e-commerce providers
Law No. 18-05 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Relating to Electronic Commerce (Loi No. 18-05 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Relative au Commerce Électronique)
According to Arts. 7 and 8 of Law No. 18-05, any e-commerce activity, which is defined as electronic commerce of goods and services, is subject to registration in the commercial register or in the register of arts and crafts, and to the publication of a website hosted in Algeria with extension ".com.dz". In addition, pursuant to Art. 9, the exercise of the e-commerce activity be subject to the registration of the domain name with the services of the National Center of the Commercial Register. This requirement applies to both domestic and foreign e-providers, as stated in Art. 2 of the law, stipulating that the legislation applies to e-commerce transactions when one of the parties to the e-commerce contract (i) is of Algerian nationality, (ii) is legally resident in Algeria, (iii) is a legal person under Algerian law, (iv) or if the contract is concluded or performed in Algeria.
Coverage E-commerce
ALGERIA
Since May 2018
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Law No. 18-05 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Relating to Electronic Commerce (Loi No. 18-05 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Relative au Commerce Électronique)
Art. 27 of Law No. 18-05 stipulates that electronic payments must be conducted through dedicated payment platforms. These platforms are to be exclusively established and managed by banks that have received approval from the Bank of Algeria, as well as by Algérie Poste. The platforms must be connected to any type of electronic payment terminal via the network of the public telecommunications operator. In addition, Art. 29 mandates that the electronic payment platforms undergo oversight by the Bank of Algeria. This supervision is to ensure compliance with standards for interoperability, confidentiality, integrity, authentication, and the security of data exchanges.
Coverage Electronic payments
Sources
- https://web.archive.org/web/20230204080955/https://www.droit-afrique.com/uploads/Algerie-Loi-2018-05-commerce-electronique.pdf
- https://web.archive.org/web/20230607200047/https://www.fareslegal.com/international-e-commerce-entering-the-algerian-market/
- https://web.archive.org/web/20230601203207/https://tahseen.ae/media/3093/algeria_law-on-the-post-and-electronic-communications-and-the-e-commerce-law.pdf
- https://web.archive.org/web/20231210004730/https://www.brahimi-avocat.com/blog/le-commerce-electronique-a-la-lumiere-de-la-nouvelle-loi-du-10-mai-201.html
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ALGERIA
Reported in 2021, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Restrictions on online payments
Prohibition of the use of certain online payment processors for transfers
It is reported that Algerian foreign exchange regulations prohibit the use of certain online payment processors to transfer money from one account to another.
Coverage Online payments
ALGERIA
Reported in 2022, last reported in 2023
Pillar Online sales and transactions |
Sub-pillar Threshold for ‘De Minimis’ rule
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 DZD 50,000 (approx. USD 371), above the 200 USD threshold recommended by the International Chamber of Commerce (ICC).
Coverage Horizontal
ALGERIA
Since November 2020
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Decree No. 20-332 Governing the Electronic Press (Décret Exécutif No. 20-332 du 6 Rabie Ethani 1442 Correspondant au 22 Novembre 2020 Fixant les Modalités d'Exercice de l'Activité d'Information en Ligne et la Diffusion de Mise au Point ou Rectification sur le Site Électronique)
Art. 6 of Decree No. 20-332 establishes that the online information activity is subject to the publication through an electronic site, whose hosting is exclusively domiciled, physically and logically in Algeria, with a domain name extension ".dz".
Coverage Online news
Sources
ALGERIA
Since May 2018
Pillar Online sales and transactions |
Sub-pillar Restrictions on domain names
Law No. 18-05 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Relating to Electronic Commerce (Loi No. 18-05 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Relative au Commerce Électronique)
Art. 9 of the Law No. 18-05 requires any e-commerce activity, which is defined as electronic commerce in goods and services, to have a website hosted in Algeria with a “.com.dz” extension. This requirement applies to both domestic and foreign e-providers, as stated in Art. 2 of the law.
Coverage E-commerce sector
ALGERIA
Since June 2018, entry into force in August 2023
Pillar Online sales and transactions |
Sub-pillar Local presence requirements for digital services providers
Law No. 18-07 of 25 Ramadhan 1439 Corresponding to June 10, 2018, on the Protection of Natural Persons in the Processing of Personal Data (Loi No. 18-07 du 25 Ramadhan 1439 Correspondant au 10 Juin 2018 Relative à la Protection des Personnes Physiques dans le Traitement des Données à Caractère Personnel)
Pursuant to Art. 4.2 of Law No. 18-07, in the event that the controller is not established in the national territory, a representative located in Algeria must be appointed. This requirement applies to foreign service providers in Algeria, as defined in Art. 3 as any public or private entity that offers users of its services the possibility to communicate by means of a computer system and/or a telecommunications system.
Coverage Communications sector
ALGERIA
Since February 2009
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 09-03 of 29 Safar 1430 Corresponding to February 25, 2009, Relating to Consumer Protection and the Repression of Fraud (Law No. 09-03 of 29 Safar 1430 Corresponding to February 25, 2009, Relating to Consumer Protection and the Repression of Fraud)
Law No. 09-03 provides a comprehensive consumer protection framework that applies to online transactions. This Act repeals and replaces Law 89-02 of 7 February 1989 (published in the Official Journal (Journal Officiel) (JO.) No 06 of February 8, 1989) on the general rules of consumer protection.
Coverage Horizontal
ALGERIA
N/A
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
Lack of signature of the UN Convention on the Use of Electronic Communications in International Contracts
Algeria has not signed the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
ALGERIA
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Algeria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal