GUINEA
Since September 2022
Pillar Quantitative trade restrictions for ICT goods, products 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, products 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 harbor 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
GUINEA
Since July 2016
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
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
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.
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.
Coverage Internet access service providers
GUINEA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Guinea's law and jurisprudence.
Coverage Internet intermediaries
GUINEA
Since July 2016
Pillar Domestic Data policies |
Sub-pillar Minimum period for data retention
Law No. L/2016/035/AN of 28 July 2016 on electronic transactions in the Republic of Guinea (Loi N° L/2016 /035/AN du 28 juillet 2016 relative aux transactions électroniques en République de Guinée)
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.
Coverage Horizontal
GUINEA
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
Guinea has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
GUINEA
Since July 2016
Pillar Domestic Data policies |
Sub-pillar Framework for data protection
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)
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".
Coverage Horizontal
GUINEA
Since July 2016
Pillar Cross-border data policies |
Sub-pillar Ban to transfer and local processing 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. 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.
Coverage Horizontal
GUINEA
Since March 2021
Pillar Telecom infrastructure and competition |
Sub-pillar Functional/accounting separation for operators with significant market power
Decree D/2021/091/PRG/SGG of March 21, 2021 pertains to the sharing of infrastructures and interconnection of telecommunications networks and services open to the public in the Republic of Guinea (Décret D/2021/091/PRG/SGG du 21 mars 2021 relatif au partage d'infrastructures et à l'interconnexion des réseaux et services de Télécommunications ouverts au public en République de Guinée)
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.
Coverage Telecommunications sector