Database

Browse Database

ALGERIA

N/A

Pillar Online sales and transactions  |  Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Algeria has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal

ALGERIA

Reported in 2022, last reported in 2024

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Algerian customs complaints
It is reported that some complain of difficulties in clearing imported goods through Algerian customs. These challenges often manifest as significant delays, which can extend for weeks or even months, often without any clear explanation provided. Apart from a certificate of origin, Algeria mandates that all importers furnish certificates of conformity and quality from an independent third party. Additionally, many imports necessitate authorisations from multiple ministries, a process that frequently results in further delays, particularly when the regulations fail to distinctly specify the relevant ministry's jurisdiction.
Coverage Horizontal

ALGERIA

Since May 2018

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Self-certification for product safety
Law No. 18-04 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Setting the General Rules Relating to Post and Electronic Communications (Loi No 18-04 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Fixant les Règles Générales Relatives à la Poste et aux Communications Électroniques)
According to Art.143 of Law No. 18-04, the homologation of terminal equipment and radio stations may be done through a certificate of conformity issued by the regulatory authority or by a test and measurement labouratory duly approved by such authority. In addition, the provision stipulates that a Regulation may establish a regime of self-certification and/or recognition of certification obtained in another country. However, no such regulation has yet been established. It is reported that foreign documentation is accepted, but local testing is required.
Coverage Telecom equipment

ALGERIA

Since June 2018, entry into force in August 2023

Pillar Technical standards applied to ICT goods and online services  |  Sub-pillar Restrictions on encryption standards
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. 30 of Law No. 18-07, individuals and organisations that want to acquire and use encryption services must be granted authorisation by the country's Regulatory Authority of Post and Electronic Communications.
Coverage Horizontal

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
Art. 11 of Law No. 09-04 requires communication service providers to store data allowing the identification of users of their services for a period of one year after the registration. This requirement covers all service providers, defined in Art. 2 to include any public or private entity which offers users of its services the possibility of communicating by means of a computer system and/or a telecommunications system and any other entity processing or storing computer data for communication services or their users.
Coverage Telecommunications sector

ALGERIA

Reported in 2021, last reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
Identity requirement for SIM cards
It is reported that every user of any SIM card, whether prepaid or postpaid and regardless of whether the user is a local resident or a visitor, has to be registered and has to provide official ID (ID card, passport, visa), a copy of the same ID and an Algerian address, which can be that of a hotel.
Coverage Telecommunications sector

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
According to Art. 12 of Law No. 09-04, internet service providers shall set up technical devices to limit access to platforms containing information contrary to public order or morality and to inform subscribers thereof.
Coverage Internet service providers (ISPs)

ALGERIA

Since November 2020

Pillar Intermediary liability  |  Sub-pillar Monitoring requirement
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)
Decree No. 20-332 stipulates that online media directors must notify the authorities of any "illegal content" published on their platforms. Art. 13 establishes that "the director in charge of the online information organ is required to take the appropriate measures and means to fight against illicit contents (...) especially any content including incitement to hatred, violence or discrimination because of the regional origin, of an alleged race, religion or political or ideological opinion or gender. The director responsible for the online news organisation must notify the relevant authorities of any illegal content."
Coverage Online news

ALGERIA

Reported in 2020, last reported in 2023

Pillar Content access  |  Sub-pillar Blocking or filtering of commercial web content
Blocking of commercial web content
It is reported that Algeria has a history of its government blocking sites for various reasons, including the prevention of exam cheating. In June 2023, it was reported that social media platforms were restricted in Algeria as a measure to combat cheating during national baccalaureate school exams. The blocked platforms included Facebook, X (previously known as Twitter), Instagram, Tumblr, Pinterest, LinkedIn, Tinder, Russian social networks VKontakte and Odnoklassniki, as well as servers for messaging apps WhatsApp, Telegram, Skype, Viber, and Line. Some of the websites that have been blocked in the past include YouTube, Facebook, and Twitter, as well as news websites such as France 24 and Al-Jazeera.
Coverage Online news, social networks and blogs

ALGERIA

Reported in 2023, last reported in 2024

Pillar Content access  |  Sub-pillar Presence of Internet shutdowns
Presence of Internet shutdowns
The Algerian government is reported to have interrupted internet access across the entire country for a duration of five days during the high school examinations in June 2023. In addition, 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 Algeria for the year 2023. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal

ALGERIA

Since May 2018

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
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. 7-8 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, Art. 9 requires that 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 is of Algerian nationality, is legally resident in Algeria, is a legal person under Algerian law, or if the contract is concluded or performed in Algeria.
Coverage Electronic commerce

ALGERIA

Since November 2017

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Decision No. 48/SP/PC/ARPT/17 of 29 November 2017 Approving the Terms and Conditions Governing the Establishment and Operation of Hosting and Storage Services for Computerised Content for Remote Users in the Framework of Cloud Computing Services (Décision n° 48/SP/PC/ARPT/17 du 29 novembre 2017 Portant Approbation du Cahier des Charges Définissant les Conditions et les Modalités d’Établissement et d’Exploitation des Services d’Hébergement et de Stockage de Contenu Informatisé au Profit d’Utilisateurs Distants dans le Cadre des Services dits d’Informatique en Nuage ou Cloud Computing)
Art. 6 of Decision No. 48/SP/PC/ARPT/17 provides that any natural or legal person wishing to establish and/or operate a service for the hosting and storage of computerised content for the benefit of remote users, within the framework of so-called cloud computing services, shall submit an application to the Regulatory Authority. Any legal entity wishing to establish and/or operate such a service must be incorporated under Algerian law and have its registered office in Algeria.
Coverage Cloud-computing sector

ALGERIA

Since July 2018
Since January 2019

Pillar Quantitative trade restrictions for ICT goods and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Supplementary Budget Law for 2018, of 11 July 2018 (Droit Additionnel Provisoire de Sauvegarde (DAPS))

Executive Decree No. 18-02 of 19 Rabie Ethani 1439 Corresponding to January 7, 2018, Amended and Supplemented, Describing the Goods Subject to the Regime of Import Restrictions (Décret Exécutif No. 18-02 du 19 Rabie Ethani 1439 Correspondant au 7 Janvier 2018, Modifié et Complété, Portant Désignation des Marchandises Soumises au Régime de Restrictions à l'Importation)
The Supplementary Budget Law for 2018 enabled the Government to introduce a special custom surcharge (named "droit additionnel provisoire de sauvegarde - DAPS") on certain goods imported into Algeria. The Executive Decree No. 18-02 of 19 of the Minister of Trade, signed on 26 January 2019, defines the list of goods and the rate applicable to each product line (between 30% and 200% of the value of the goods), which was drawn up by an ad-hoc inter-ministerial committee. The total number of affected products is 1095 and the application started with the publication of the list. ICT products are part of the affected sectors. The law imposed a custom surcharge on the following ICT products:
- 8517: Telephone sets, including telephones for cellular networks or for other wireless networks; other apparatus for the transmission or reception of voice, images or other data, including apparatus for communication in a wired or wireless network (such as a local or wide area network), other than transmission or reception apparatus of HS codes 8443, 8525, 8527 or 8528;
- 8528: Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus.
Coverage HS 8517: Telephone sets; HS 8528: Monitors and projectors

ALGERIA

Since June 2018, entry into force in August 2023

Pillar Cross-border data policies  |  Sub-pillar Conditional flow regime
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)
Art. 44 of Law No. 18-07 provides that the data controller may only transfer personal data to another foreign state upon authorisation of the data protection authority and if that state ensures an adequate level of protection of the privacy and fundamental rights and freedoms of individuals with regard to the processing to which such data are or may be subject. Art. 45, however, provides that, by way of derogation to Art. 44, the data controller may transfer personal data to a foreign State subject to certain conditions, including: if the data subject has expressly consented to their transfer; if the transfer is made pursuant to a bilateral or multilateral agreement to which Algeria is a party; with the authorisation of the national authority; if the transfer is necessary: (a) to safeguard that person's life; (b) the preservation of the public interest; (c) compliance with obligations to ensure the recognition, exercise or defence of a legal right; (d) the performance of a contract between the controller processing and the data subject, or measures pre-contractual agreements taken at the latter's request; (e) the conclusion or performance of a contract concluded or to conclude, in the interest of the data subject, between the controller and a third party; (f) the execution of a mutual legal assistance measure international; (g) prevention, diagnosis or treatment of medical conditions.
Coverage Horizontal

ALGERIA

N/A

Pillar Cross-border data policies  |  Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments to cross-border data flows
Algeria has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

Report issue     Report new measure