Database

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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 March 2000

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Algeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

ALGERIA

Since July 2003

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
Copyright and Neighbouring Rights Law Order No. 03-05, Corresponding to July 19, 2003, Related to Copyrights and Neighbouring Rights (Ordonnance No. 03-05, Correspondant au 19 Juillet 2003 Relative aux Droits d'Auteur et aux Droits Voisins)
The Copyright and Neighbouring Rights Order No. 03-05 does not provide any fair use/fair dealing model for copyright exceptions. However, Arts. 33-53 provide a list of wide exceptions. These include: materials that are printed, audio, audio-visual or any other form prepared for school or university education; work converted for personal or family purposes; usage of decorative or illustrative drawing of a literary or artistic work in a publication, in an audio or audio video recording or in audio or audio video programs meant for teaching or professional training as long as it is intended to achieve the targeted purpose; free acting or performing of a work; libraries and document keeping centers, not aiming at making direct or indirect commercial profits, can reproduce a work without the author’s or right owner’s permission in response to a request from another library or document keeping center, or to maintain the work’s copy, or to compensate a damaged, lost or void one; and mass media institutions reproducing, circulating or conveying to the public articles on daily events published by newspapers, radio or television, without permission from the author or reward to him, provided that the author and the source are indicated, unless there is an express provision prohibiting its use for such purposes.
Coverage Horizontal

ALGERIA

Reported in 2017, last reported in 2023

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that Algeria lacks proper enforcement efforts against copyright piracy, including online and Internet Protocol Television (IPTV) piracy. Despite having a legal framework on copyright, it is reported that there are major holes in the framework for enforcing copyrights, including clear guidance on liability for Internet service providers (ISPs) and effective provisions for the takedown of infringing websites.
Coverage Horizontal

ALGERIA

Since January 2014

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
WIPO Copyright Treaty
Algeria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

ALGERIA

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)
Algeria is not a signatory of the 1996 World Trade Organization (WTO) Information Technology Agreement (ITA) nor the 2015 expansion (ITA II). In fact, the country is not a member of the WTO.
Coverage ICT goods

ALGERIA

Since January 2014

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Performances and Phonogram Treaty
WIPO Performances and Phonograms Treaty
Algeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

ALGERIA

Since August 2023
Since September 2015, entry into force in December 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Exclusion from public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)

Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Art. 59 of Law No. 23-12 stipulates that, in instances where national production or national production facilities are capable of satisfying the contracting authority's requirements, the latter is obliged to issue a national invitation to tender. Furthermore, Art. 60 stipulates when the contracting authority initiates a national and/or international tender process, regardless of the chosen procedure, the contracting authority must include specifications in the tender documentation that permit the use of imported products only in instances where the equivalent local product is unavailable or of a quality that does not comply with the technical standards required. Additionally, the contracting authority must only permit the use of foreign subcontractors when domestic companies are unable to meet the contracting authority's needs.
The aforementioned requirements were already in force in Art. 85 of Presidential Decree No. 15-247 since 2015, which is still in force pending the adoption of a regulation for Law No. 23-12.
Coverage Horizontal

ALGERIA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regime on trade secrets
Algeria 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 trade secrets in Art. 59 of Order No. 03-07 related to patents of invention, which provides that the competent judicial authority shall take into consideration the legal interests of the defendant when approving any required evidence through non-disclosure of commercial and industrial secrets.
Coverage Horizontal

ALGERIA

Since August 2023
Since September 2015, entry into force in December 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)

Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Art. 62 of Law No. 23-12 stipulates that a preference margin is granted to products of Algerian origin and/or to companies under Algerian law whose capital is majority-owned by resident nationals. Art. 111 provides that the terms of application of the provisions of this Law shall be defined by regulation. However, a regulation has not yet been adopted and, according to Art. 112, the previous provisions shall remain applicable until the adoption of the new regulatory texts. Consequently, the margin of preference is granted at a rate of 25%, in accordance with Art. 83 of Presidential Decree No. 15/247 since 2015.
Coverage Horizontal

ALGERIA

Since August 2023
Since September 2015, entry into force in December 2015

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)

Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Art. 82 of Law No. 23-12 stipulates that foreign companies that submit bids alone unless there are compelling reasons to do otherwise, must subcontract at least 30% of the initial contract amount to companies that are legally domiciled in Algeria. The aforementioned requirement was already in force in Art. 85 of Presidential Decree No. 15/247 since 2015, which is still in force pending the adoption of a regulation for Law No. 23-12.
Coverage Horizontal

ALGERIA

Since August 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Art. 58 of Law No. 23-12 stipulates that contracting authorities must reserve a maximum of 20% of contracts for small or micro-enterprises, start-ups, or any entity designated as such.
Coverage Horizontal

ALGERIA

Since August 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Art. 64 of Law No. 23-12 stipulates that the specifications for international calls for competition must provide foreign bidders or subcontractors with a minimum threshold of professional integration of the national workforce and qualified national executives.
Coverage Horizontal

ALGERIA

Since August 2023

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Art. 60 of Law No. 23-12 stipulates that when the contracting authority initiates a national and/or international competitive tender process, it must include a system to guarantee the provision of training and the transfer of technology and know-how in relation to the subject of the contract.
Coverage Horizontal

ALGERIA

N/A

Pillar Public procurement of ICT goods and online services  |  Sub-pillar Signatory of the World Trade Organization (WTO) Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
Algeria is not a party to the World Trade Organization (WTO) Agreement on Government Procurement (GPA), nor does it have observer status, as it is not a member of the WTO.
Coverage Horizontal

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