ANGOLA
N/A
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of an 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.
- 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 & 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 & 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 & 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
ANGOLA
Since June 2011
Since July 2014
Since July 2014
Pillar Telecom infrastructure & competition |
Sub-pillar Passive infrastructure sharing obligation
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)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Decreto Presidencial N. 166/14 - Regulamento de Partilha de Infraestruturas de Conmunicações Electrónicas)
Presidential Decree No. 166/14 on Regulation on the Sharing of Electronic Communications Infrastructures (Decreto Presidencial N. 166/14 - Regulamento de Partilha de Infraestruturas de Conmunicações Electrónicas)
Law No. 23/11 recognizes the importance of developing and expanding electronic communication infrastructures with a consideration for sharing locations and resources. The regulatory support for passive infrastructure sharing is further solidified by the approval of Presidential Decree No. 166/14 on the Sharing of Electronic Communications Infrastructures. The Presidential Decree establishes principles for mandatory sharing of electronic communication infrastructures (Art. 7), coordination and control through a coordination committee (Art. 8), management of shared infrastructures (Art. 9), registration and availability of shared infrastructures (Art. 10), and the contractual aspects of infrastructure sharing (Art. 12).
Coverage Telecommunications sector
Sources
- https://datahub.itu.int/data/?i=100014&e=AGO
- https://inacom.gov.ao/fotos/frontend_1/editor2/decreto_presidencial_no_166_14-9_julho_de_2016-22_de_novembro_de_2017.pdf
- https://minttics.gov.ao/fotos/frontend_10/gov_documentos/lei_das_comunicacoes_electro_19324146535f1886da78b9b...s_sociedade_da_informacao.pdf
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ANGOLA
Since May 2001
Pillar Telecom infrastructure & competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Law No. 8/01 - Telecommunication Law (Lei N. 8/01 - Lei de Bases das Telecomunicações)
Art. 18 of the Telecommunications Law No. 8/01 states that foreign capital in telecom operators should not exceed 50%, allowing only minority participation for foreign investors in this sector.
Coverage Telecommunications sector
ANGOLA
Reported in March 2023
Pillar Telecom infrastructure & competition |
Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Accordingly to Presidential Decree No 78/23 - Privatization Program (PROPRIV 2023-2026), the Angolan Government participates in several telecom companies operating in the country. Angola Telecom EP, a fully state-owned company, manages the country's basic infrastructure. The largest mobile operator in Angola, UNITEL SARL, was initially incorporated as a public-private joint venture, and it is currently fully controlled by the government, 50% directly and 50% indirectly through the state-owned company Sonangol. Furthermore, the Angolan Government owns 90% of the shares of Multitel, Lda., an internet service provider, and 49.3% of TV Cabo Angola. Moreover, MS Telcom, the third telecommunication company in Angola, is indirectly controlled by the Government through Sonangol.
Coverage Telecommunications sector
Sources
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Adoption of the World Intellectual Property Organization (WIPO) Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Angola has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
ANGOLA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Angola has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal
ANGOLA
Since September 2007, entry into force in December 2007
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Participation in the Patent Cooperation Treaty
Patent Cooperation Treaty (PCT)
Angola is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ANGOLA
Since July 2014
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Copyright law with clear exceptions
Law No. 15/14 - Copyright and Related Rights (Lei N. 15/14 dos Direitos de Autor e Conexos)
Angola has a copyright regime under Law No. 15/14. However, the exceptions do not follow the fair use or fair dealing model, therefore limiting the lawful use of copyrighted work by others. Section V lists the exceptions, which include for the purposes of research or private study by the person using the work; for use in private place in which entry is not paid and non-profit; for review or news reporting; reproduction by photographic or similar processes, when carried out for didactic purposes by public or private libraries, centers or documentation files of general interest or public, institutions with a scientific or technological vocation, educational establishment; reproduction of works, permanently exposed to the public through images, reports; educational use; reproduction of arrangement or translation exclusively for individual and private use; quotations from copyright works and critics; speeches and lectures in front of the media; performance of the hymn, as well as works of a religious character.
Coverage Horizontal
ANGOLA
Reported in 2023
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Enforcement of copyright online
Lack of adequate enforcement of copyright online
The enforcement of copyright online in Angola is reported to be considered weak, as reflected by the high levels of software and other digital piracy. The government has established a new copyright enforcement unit in 2016, through the publication of the Presidential Decree No. 114/16 on the Regulation on the Organization and Exercise of the Activities of the Collective Management of Copyright and Related Rights (Decreto Presidencial N. 114/16 Regulamento sobre a Organização e Exercício da Actividade das Entidades de Gestão Colectiva de Direitos de Autor e Conexos).
Coverage Software
Sources
- https://www.state.gov/reports/2023-investment-climate-statements/angola/
- https://www.dlapiperintelligence.com/goingglobal/intellectual-property/index.html?c=AO&t=ip-framework#:~:text=Download%20current%20countries
- https://freedomhouse.org/country/angola/freedom-net/2022#footnote1_boi4s3o
- https://www.qurium.org/forensics/eliminalia-behind-yet-another-technique-to-silence-investigative-media/
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