Under Arts. 96 to 105, Law No. 2016-037 permits a "competent authority" to require legal or natural persons who offer internet access to carry out surveillance on their subscribers’ activities, without specifying the role of the judicial authority in triggering the surveillance procedure.
Moreover, according to Arts. 48 and 49 of Part II of the Law, an authorized cryptographic service provider or the person responsible for processing personal datas may not oppose professional secrecy to the Personal Data Protection Authority and may be required to provide all data if requested.

A basic legal framework on intermediary liability for copyright infringement is absent in Guinea's law and jurisprudence.

Guinea has not joined any agreement with binding commitments to open transfers of data across borders.

Law No. L/2016/037/AN provides a comprehensive regime of data protection in Guinea. Art. 2 of Part II stipulates that "the purpose of this law is to guarantee the protection of personal data in the Republic of Guinea by defining, in particular, the rules, mechanisms, and tools for the protection and management of such data, as well as the sanctions for violations of these rules, in addition to the sanctions provided for by the law on cybercrime".

Art. 37 of the Law No. L/2016/035/AN sets a minimum retention period for documents relating to electronic transactions. These documents must be kept for at least 10 years. During this period, the information must be accessible and retrievable, kept in its original format and traceable as to its origin and destination.

According to Art. 28 of Part II of the Law L/2016/037/AN, the transfer of personal data is subject to prior authorization from the personal data protection authority. Any transfer of such data is subject to strict and regular control by the authorities with regard to their purposes. The authorization is always needed, though, other conditions must also be fulfilled. A controller of personal data may only transfer such data to a third country if the state ensures a higher or equivalent level of protection of privacy, fundamental freedoms and rights of individuals with regard to the processing to which such data may be subject.

According to Art. 29 of Decree D/2021/091/PRG/SGG, telecommunication network operators in Guinea must maintain separate accounting for their interconnection activities. Furthermore, it is reported that, Guinea mandates functional separation for operators with significant market power (SMP) in the telecom market.

Guinea has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.

According to Arts. 8 and 9 of the Law No. 2015/018/AN, the regulatory body for the postal and telecommunications sector is called the "Regulatory Authority for Posts and Telecommunications", abbreviated as ARPT. This body carries out its regulatory functions in an independent, neutral, professional, impartial, and transparent manner and has legal personality and administrative and financial autonomy.

There is an obligation for passive infrastructure sharing in Guinea to deliver telecom services to end users. According to Art. 82 of Law No. 2015/018/AN, the Regulatory Authority for Posts and Telecommunications (ARPT) ensures the introduction of infrastructure sharing offers in the interconnection catalogue of the dominant operators in the relevant market. These offers concern all passive infrastructures such as poles or ducts, dark fibre, but potentially also active infrastructures.
Moreover, according to Decree D/2021/091/PRG/SGG, the request for infrastructure sharing cannot be refused if it does not cause any disruption or technical difficulty in terms of the proper functioning of the network and the proper operation of the service (Art. 4.4). In addition, infrastructure operators must meet requests for sharing from holders of public or private licences to operate telecommunications networks and from providers of telecommunications services under objective, transparent and non-discriminatory conditions. They must publish a catalogue of infrastructure sharing for each year (Art. 5).

Guinea has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.

Guinea has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

Guinea does not have a comprehensive framework in place that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. In particular, the country has established provisions addressing disclosure, acquisition or use of confidential information in the course of industrial or commercial activities by third parties in Art. 6 of Annex VIII of the Bangui Agreement, which has been ratified by 17 French-speaking States, including Guinea in 2002.

Guinea is a party to the Patent Cooperation Treaty (PCT).

Guinea has a copyright regime under the Law No. L/2019/0028/AN. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Arts. 22-28 list the exceptions, which include: the analysis and short quotations justified by the critical, polemical, educational, scientific or informational nature of the work; the use within the authorization of the author and without payment of separate remuneration, private use and reproduction, the use for a blind person, a person with a visual impairment of any kind or any person who, because of a disability, has reading difficulties; ephemeral recording by a broadcasting organization's own means and for its own broadcasts of a work that it has the right to broadcast; reproduction, broadcasting or communication of a work permanently located in a place open to the public, unless the image of the work is the main subject of such reproduction or communication and it is used for commercial purposes.
In addition, the Revised Bangui Agreement, which is a regional intellectual property law that is not only a regional convention applicable in all member states but also serves as a national intellectual property law in Guinea and each of the other member states, contains provisions on copyright in Annex VII: Chapter IV (Limitations to Economic Rights) and establishes a regime of copyright exceptions.