Database

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ANGOLA

Since 1996

Pillar Technical standards applied to ICT goods, products and online services  |  Sub-pillar Self-certification for product safety
Protocol on Trade in the Southern African Development Community (SADC) Region
While certification is not explicitly required, there are reports of many products distributed in Angola with ISO and CE markings. In 2015, the Angolan government, through the Ministry of Industry, established the Angolan Institute of Accreditation (IAAC), which has recently merged with IANOQQ (Angolan Institution of Standardization and Quality) to form a new accreditation body: the INIQ (National Institute of Quality Infrastructures). Foreign entities can also provide accreditation services. The INIQ is the point of contact for Southern African Development Community Accreditation Services (SADCAS). SADCAS is a multi-economy accreditation body established under Art. 17 of the Standards and Technical Regulation on Trade to the SADC Protocol on Trade. Its primary purpose is to ensure that conformity assessment service providers, such as calibration/testing/medical laboratories, certification, and inspection bodies, operating in SADC member states that do not have national accreditation bodies, are subject to oversight by an authoritative body.  
Coverage Horizontal

ANGOLA

Since May 2007, last amended in October 2021

Pillar Quantitative trade restrictions for ICT goods, products and online services  |  Sub-pillar Other import restrictions, including non-transparent/discriminatory import procedures
Law No. 26/21 amending Law No 1/07 on Commercial Activities (Lei N. 26/21 - Lei que altera a Lei 1/07 das Actividades Comerciais)
Law No. 26/21 amending Law No. 1/07 on Commercial Activities maintained the licensing requirements and procedures for importers. Importers must be registered with the Ministry of Industry and Trade for the category of product they are importing. Moreover, importers and exporters of goods exceeding USD 5,000 must obtain an import/export license. The process of importing goods into Angola is reported to be time-consuming and highly bureaucratic. The Import procedures require an estimated USD 460 and 96 hours for import document compliance.
Coverage Horizontal

ANGOLA

Reported in 2023

Pillar Intermediary liability  |  Sub-pillar User identity requirement
User identity requirement
It is reported that SIM card registration is mandatory and that it hampers the ability of mobile phone users to communicate anonymously. SIM cards must be registered directly with INACOM (Angolan National Regulatory Institute for Communications), the ICT regulator that operates under government oversight. The process requires an identity card or driver’s license and tax card for national citizens, or a passport with a valid visa for visitors.
Coverage Horizontal

ANGOLA

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 Angola's law and jurisprudence.
Coverage Internet intermediaries

ANGOLA

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 Angola's law and jurisprudence.
Coverage Internet intermediaries

ANGOLA

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
Angola has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

ANGOLA

Since June 2011

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Law No. 22/11 on the Protection of Personal Data (Lei N. 22/11 da Protecção de Dados Pessoais)
Law No. 22/11 provides a comprehensive regime of data protection in Angola. This law governs the dispositions of privacy and data protection previewed in the Constitution of the Republic of Angola.
Coverage Horizontal

ANGOLA

Since December 2016, entry into force in February 2017

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Law No. 07/2017 on Protection of Information Networks and Systems (Lei N. 7/17 de Proteção das redes e sistemas informáticos)
Art. 23 of Law No. 07/2017 mandates that telecommunications operators store traffic and location data for at least one year for the "investigation, detection and repression of crimes". For the purposes of Art. 23, according to Arts. 24-31, the following data must be kept:
- Data necessary to find and identify the source of a communication;
- Data necessary to find and identify the destination of a communication;
- Data necessary to identify the date, time and duration of a communication;
- Data needed to identify the type of communication;
- Data necessary to identify users' telecommunications equipment or what is considered to be their equipment;
- Data necessary to identify the location of the mobile communication equipment;
- Data necessary to identify the location of an IP protocol address.
Art. 32 further provides that the telecom operators must retain data also when communications are not initiated or terminated on the national territory.
Coverage Telecommunications sector

ANGOLA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Lack of an independent telecom authority
Angola has a telecommunications authority: INACOM - Instituto Angolano das Comunicações. However, it is reported that the decision making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

ANGOLA

Since June 2011

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Law No. 22/11 on the Protection of Personal Data (Lei N. 22/11 da Protecção de Dados Pessoais)
Art. 24 of the Data Protection Act states that the interconnection of data may only be carried out with the authorisation of the Data Protection Agency (DPA), unless otherwise provided by law. The DPA only authorises such interconnection if it is appropriate for the pursuit of the lawful purposes of data processing. Interconnection of data is defined as a form of processing of personal data consisting of the possibility of linking the data in one file with the data in other file(s) kept by another controller or by the same controller for other purposes. As a result, this requirement likely affects cross-border transfers.
Coverage Horizontal

ANGOLA

Since June 2011

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Law No. 22/11 on the Protection of Personal Data (Lei N. 22/11 da Protecção de Dados Pessoais)
Under Section VI of Law No. 22/11, a conditional flow regime is established for the transfer of personal data outside Angola. This means that international data transfer can only proceed if certain conditions are met. The law outlines two main scenarios for international data transfer:
- If the country the data is being transferred to can guarantee an adequate level of protection of personal data, then a notification to the Angolan Data Protection Agency (APD) is sufficient to proceed with the transfer, as per Art. 33;
- If the country does not provide adequate protection of personal data, then the data controller must obtain authorization from the APD before proceeding with the transfer, as per Art. 34.
However, the APD has not issued any decision declaring countries adequate and as a result the authorization remains currently the only means for transfer.
Coverage Horizontal

ANGOLA

Since July 2014

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional and accounting separation for dominant network operators
Angola does not mandate functional or accounting separation for operators with significant market power (SMP) in the telecom market. Yet, the Law No. 23/11 on Electronic Communications and Information Society Services (Lei N. 23/11 Lei de Comunicações Electrónicas e dos Serviços da Sociedade de Informação) defines the concept of significant market power (SMP) in Art. 3and includes several articles that are in line with global best practices, such as the principles of fair competition (Art. 10) and creating a favorable framework to attract business and investment in the ICT sector (Art. 14(h)).
Coverage Telecommunications sector

ANGOLA

Since May 2001

Pillar Telecom infrastructure and competition  |  Sub-pillar Other restrictions to operate in the telecom market
Law No. 8/01 Telecommunications Law (Lei N. 8/01 de Bases das Telecomunicações)
Art. 19 of Law No. 08/01 pertains to the concession and licensing of telecom operators to cover the national territory. The issuance of licenses in this sector is defined as "relatively reserved" limiting the number of licenses available to private entities. Art. 17 determines conditions for accessing the concession or license for the provision of public telecommunications services and states that legal persons providing communication services must be fully incorporated in Angola, which, according to the Angolan Commercial Code, means the entity has been registered with the Angolan government and has met all of the requirements for incorporation, including having a registered office.
Coverage Telecommunications sector

ANGOLA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Angola has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

ANGOLA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Angola lacks a comprehensive framework that provides effective protection of trade secrets, but there are limited measures addressing some issues related to them. Art. 73 of Law No. 3/92 defines certain conducts involving the unauthorized use of trade secrets as criminal offenses. Therefore, while limited to industrial property, there is some legal protection against the infringement of trade secrets.
Coverage Horizontal