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ALGERIA

Since August 2009

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
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, for a period of one year after the registration, data allowing the identification of users of their services and data enabling the recipient(s) of the communication to be identified as well as the addresses of the sites visited. This requirement covers all service providers, defined in Art. 2 to include any public or private entity which offers users 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 Communication service providers

ALGERIA

Since August 2009

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
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. 3 of Law No. 09-04, subject to the legal provisions guaranteeing the secrecy of correspondence and communications, implementation of technical devices carrying out operations of surveillance of electronic communications, collection and recording in real time of their content as well as searches and seizures in a computer system may be carried out for purposes of protection of public order, for investigations or after judicial request. Art. 4 lists instances when such surveillance may be carried out, including:
- to prevent offences qualified as terrorist or subversive acts and offences against State security;
- when there is information on a probable attack on a computer system representing a threat to public order, national defence, State institutions or the national economy;
- for the purposes of investigations and judicial information when it is difficult to arrive at results relevant to the research in progress without resorting to electronic surveillance;
- in connection with the execution of requests for international legal assistance.
Coverage Horizontal

ALGERIA

Reported 2021

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that Algeria has established a regulatory framework mandating passive infrastructure-sharing obligations in the telecommunications sector, both in mobile and fixed sectors.
Coverage Telecommunications sector

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for copyright infringement
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)
Law No. 09-04 of 14, laying down special rules relating to the prevention and fight against offences related to information and communication technologies, establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 12 of the Law, internet service providers are required to intervene, without delay, to remove the content to which they authorise access in the event of a violation of the laws, store it or make it inaccessible as soon as they become aware of it directly or indirectly.
Coverage Internet intermediaries

ALGERIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in telecom companies
Algeria is home to three mobile phone and data network operators, namely Djezzy, Algérie Télécom Mobile, and Wataniya Telecom Algérie. The largest of these by subscriptions is Optimum Télécom Algérie, which operates under the brand name of Djezzy, which became fully state-owned in August 2022 after Veon sold its 45.5% stake in Djezzy to the government-controlled Algerian National Investment Fund (Fonds National d'Investissement, FNI). The fixed incumbent, Algérie Télécom Mobile, is also fully state-owned.
Coverage Telecommunications sector

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
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)
Law No. 09-04 of 14, laying down special rules relating to the prevention and fight against offences related to information and communication technologies, establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 12 of the Law, internet service providers are required to intervene, without delay, to remove the content to which they authorise access in the event of a violation of the laws, store it or make it inaccessible as soon as they become aware of it directly or indirectly.
Coverage Internet intermediaries

ALGERIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that the State of Algeria has not established functional separation for the operator with significant market power. Yet, Art. 110 and 123 of Law No. 18-04 (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) provide for accounting separation for operators with significant market power.
Coverage Telecommunications sector

ALGERIA

Since May 2018

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
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)
It is reported that, prior to 2018, the State-owned operator Algérie Télécom (AT) was the sole player in the fixed-line segment. It held a monopoly over the country’s fixed-line and fibre optic networks and was responsible for developing Algeria’s telecommunication sector. In 2018, Law No. 18-04 required the incumbent operator to respond to requests for unbundling of its local loop made by the service operators of electronic communications holding general authorisations in consideration of compensation (Arts. 102 and 126). However, pursuant to Art. 126, international traffic originating in or destined for electronic communications networks open to the public other than satellite must be transported in full through the international infrastructure established or operated by AT. The telecom licensing requirements are stipulated in Arts. 123 and 124 of Law No. 18-04.
Coverage Telecommunications sector

ALGERIA

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the World Trade Organization (WTO) Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Algeria has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments as it is not a member of the WTO.
Coverage Telecommunications sector

ALGERIA

Since August 2000

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Law No. 2000-03 of 5 Joumada El Oula 1421 (Loi No. 2000-03 du 5 Joumada El Oula 1421)
According to Art. 11 of Law No. 2000-03, the Post and Electronic Communications Regulatory Authority (ARCEP), the executive authority for the supervision and administration of services in the telecommunications sector, is independent from the government in the decision-making process.
Coverage Telecommunications sector

ALGERIA

Since June 2018, entry into force in August 2023

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
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)
The last paragraph of Art. 44 of Law No. 18-07 forbids, in any case, the communication or transfer of personal data to a foreign country when this transfer is likely to carry harm to public security or the vital interests of the state.
Coverage Horizontal

ALGERIA

Since May 2018

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
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-suppliers as clarified in Art. 2, which states the legislation applies to e-commerce transactions where one of the parties to the e-commerce contract is of Algerian nationality, or legally resides in Algeria, or a legal person governed by Algerian law, or if the contract is concluded or performed in Algeria. Effectively, this means that the requirement to have domain names hosted in Algeria also applies to foreign companies.
Coverage Electronic commerce

ALGERIA

Since November 2017

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
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. 10 of Decision No. 48/SP/PC/ARPT/17 stipulates that in the course of carrying out the activity covered by its authorisation to establish and operate hosting and storage services for computerised content, the service provider is obliged to guarantee that customer data is hosted and stored on national territory and to guarantee a backup solution for data hosted or stored. The term "service provider" is defined as any natural or legal person who has been granted authorisation to establish and operate hosting and storage services for computerised content for the benefit of remote users as part of cloud computing services, in compliance with the requirements set out in the legislation and regulations in force.
Coverage Cloud-computing sector

ALGERIA

Since November 2020

Pillar Cross-border data policies  |  Sub-pillar Infrastructure 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)
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

ALGERIA

Since November 2017

Pillar Cross-border data policies  |  Sub-pillar Infrastructure requirement
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. 10 of Decision No. 48/SP/PC/ARPT/17 stipulates that in the course of carrying out the activity covered by its authorisation to establish and operate hosting and storage services for computerised content, the service provider is obliged to establish its infrastructure on national territory and guarantee that it is set up using equipment incorporating the most recent and proven technologies. Furthermore, the service provider is required to provide services via infrastructures specifically declared for this authorisation. The term "service provider" is defined as any natural or legal person who has been granted authorisation to establish and operate hosting and storage services for computerised content for the benefit of remote users as part of cloud computing services, in compliance with the requirements set out in the legislation and regulations in force.
Coverage Cloud-computing sector

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