ALGERIA
Since July 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Screening of investment and acquisitions
Law No. 22-18 of 25 Dhou El Hidja 1443 Corresponding to July 24, 2022, Relating to Investment (Loi No. 22-18 du 25 Dhou El Hidja 1443 Correspondant au 24 Juillet 2022 Relative à l’Investissement)
Chapter 3 of Law No. 22-18 establishes the Algerian Agency for Investment Promotion. The Agency, among other activities, should ensure that the investors comply with the legislation in force and the standards relating, in particular, to the environment and public health protection, to competition, work and transparency of accounting, tax and financial information (Art. 15). The controls are done both before the investment (during recording and processing of investment files) and after (during monitoring of investment projects).
It is also reported that initial foreign investments remain subject to approvals from a host of ministries that cover the proposed project, most often the Ministries of Commerce, Health, Industry and Pharmaceutical Production, Energy and Mines, Telecommunications and Post, and Industry. Moreover, companies have reported that certain high-profile industrial proposals, such as for automotive assembly, are subject to informal approval by the Prime Minister.
It is also reported that initial foreign investments remain subject to approvals from a host of ministries that cover the proposed project, most often the Ministries of Commerce, Health, Industry and Pharmaceutical Production, Energy and Mines, Telecommunications and Post, and Industry. Moreover, companies have reported that certain high-profile industrial proposals, such as for automotive assembly, are subject to informal approval by the Prime Minister.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230129220915/https://aapi.dz/en/law-no-22-18-of-july-24-2022-relating-to-investment/
- https://web.archive.org/web/20240301131834/https://www.commerce.gov.dz/fr/reglementation/loi-n-deg-22-18-du-24-juillet-2022-relative-a-l-investissement-jo-n-deg-50-du-28-juillet-2022
- https://www.state.gov/reports/2023-investment-climate-statements/algeria
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ALGERIA
Since November 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Sub-pillar Commercial presence requirement for digital services providers
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
Reported in 2022, last reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Practical or legal restrictions related to the enforcement of patents
Practical restrictions related to enforcement of patents
There are reports of concerns that Algeria does not provide adequate judicial remedies for patent infringement.
Coverage Horizontal
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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on Information and Communication Technology (ICT) goods |
Sub-pillar Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
15.46%
Coverage rate of zero-tariffs on ICT goods (%)
24.90%
Coverage: Digital goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
CAMEROON
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
Cameroon 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
CAMEROON
Since May 2011
Pillar Online sales and transactions |
Sub-pillar Framework for consumer protection applicable to online commerce
Law No. 2011/012 of 6 May 2011 on Consumer Protection in Cameroon (Législation Loi-Cadre No. 2011/012 du 6 Mai 2011 Portant Protection du Consommateur au Cameroun)
Legislation Framework Law No. 2011/012 provides a comprehensive consumer protection framework that applies to online transactions.
Coverage Horizontal
CAMEROON
Since October 2015, entry into force in May 2018
Pillar Online sales and transactions |
Sub-pillar Ratification of the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts
UN Convention on the Use of Electronic Communications in International Contracts
Cameroon has signed and ratified the United Nations (UN) Convention on the Use of Electronic Communications in International Contracts.
Coverage Horizontal
CAMEROON
N/A
Pillar Online sales and transactions |
Sub-pillar Adoption of United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce
Lack of adoption of UNCITRAL Model Law on Electronic Commerce
Cameroon has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Commerce.
Coverage Horizontal
CAMEROON
Since December 2010
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for copyright infringement
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon (Loi No. 2010/012 du 21 Décembre 2010 Relative à la Cybersecurité et la Cybercriminalité au Cameroun)
Cameroon has a safe harbour regime in place for intermediaries for copyright infringements. Art. 34.2 of Law No. 2010/012 stipulates that intermediaries (defined as anyone who, even free of charge, stores signals, writings, images, sounds or messages of any kind provided by the recipients of these services) are not liable in the following cases:
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20220119191525/https://www.minpostel.gov.cm/images/Les_textes/Lois/Loi_2010-012_cybersecurite_cybercriminalite.pdf
- https://web.archive.org/web/20210226205437/https://ictpolicyafrica.org/api/documents/download?_id=5ebc1455becbe0001b2536c3
- https://web.archive.org/web/20231204122255/https://lexafrica.com/2020/03/data-protection-overview-in-cameroon/
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CAMEROON
Since December 2010
Pillar Intermediary liability |
Sub-pillar Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 2010/012 of 21 December 2010 on Cybersecurity and Cybercrime in Cameroon (Loi No. 2010/012 du 21 Décembre 2010 Relative à la Cybersecurité et la Cybercriminalité au Cameroun)
Cameroon has a safe harbour regime in place for intermediaries beyond copyright infringements. Art. 34.2 of Law No. 2010/012 stipulates that intermediaries (defined as anyone who, even free of charge, stores signals, writings, images, sounds or messages of any kind provided by the recipients of these services) are not liable in the following cases:
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
- They were not effectively aware of their unlawful nature or of facts and circumstances showing this nature;
- If they learned of the facts, they acted promptly to remove this data or make it impossible to access it.
Coverage Internet intermediaries
Sources
- https://web.archive.org/web/20220119191525/https://www.minpostel.gov.cm/images/Les_textes/Lois/Loi_2010-012_cybersecurite_cybercriminalite.pdf
- https://web.archive.org/web/20210226205437/https://ictpolicyafrica.org/api/documents/download?_id=5ebc1455becbe0001b2536c3
- https://web.archive.org/web/20231204122255/https://lexafrica.com/2020/03/data-protection-overview-in-cameroon/
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CAMEROON
Since December 2010
Pillar Intermediary liability |
Sub-pillar User identity requirement
Law No. 2010/013 of 21 December 2010 Governing Electronic Communications in Cameroon (Loi No. 2010/013 du 21 Décembre 2010 Régissant les Communications Électroniques au Cameroun)
According to Art. 55 of Law No. 2010/013, operators of electronic communications networks open to the public, as well as service providers, are required at the time of any subscription to proceed to register the identification of subscribers and terminals.
Coverage Telecommunications sector
Sources
- https://web.archive.org/web/20221118104602/https://www.fratel.org/documents/2011/12/201012-Cameroun-Loi_communications_electroniques-.pdf
- https://web.archive.org/web/20230210004818/https://www.businessincameroon.com/telecom/0110-5670-cameroon-a-decree-to-limit-numbers-of-sim-per-subscriber-and-prohibit-sale-of-sim-cards-on-streets
CAMEROON
Reported in 2024
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 3 in Cameroon for the year 2023. This corresponds to "Rarely but there have been a few occasions throughout the year when the government shut down domestic access to Internet."
Coverage Horizontal
CAMEROON
Since December 2006
Pillar Content access |
Sub-pillar Restrictions on online advertising
Law No. 2006/018 of 29 December 2006 to regulate advertising in Cameroon (Loi No. 2006/018 du 29 décembre 2006 régissant la publicité au Cameroun)
According to Art. 13 of Law No. 2006/018, foreign operators wishing to carry out any advertising activity in the territory of Cameroon must conclude an agreement of representation to this effect with a Cameroonian operator duly approved for the advertising profession concerned. This also applies to online advertising.
Coverage Advertising sector