Database

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GUYANA

N/A

Pillar Domestic Data policies  |  Sub-pillar Framework for data protection
Lack of comprehensive data protection framework
Guyana does not have data protection law in place, however there is a Data Protection Bill from 2023 that is pending approval.
There are certain regulations in the financial sector related to data protection, namely:
- The Financial Institutions Act of 1995;
- The Anti-Money Laundering;
- The Countering the Financing of Terrorism Act No. 13 of 2009;
- The Credit Reporting Act of 2010.
Coverage Horizontal

GUYANA

Since December 1998

Pillar Domestic Data policies  |  Sub-pillar Minimum period for data retention
Security Industry Act
According to Art. 8 of the Securities Industry Act, registered security holders shall preserve accounting records for six years.
Coverage Financial sector

GUYANA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
Partial appendment of WTO Telecom Reference Paper to schedule of commitments
Guyana has only partially appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

GUYANA

N/A

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of independent telecom authority
Presence of an independent telecom authority
It is reported that the Telecommunications Agency, 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

GUYANA

Since June 2010

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Credit Reporting Act 2010
According to Art. 18 of the Credit Reporting Act 2010, credit reporting agencies may only store and retain in another country the data collected, provided they have the Bank of Guyana's approval.
Coverage Financial sector

GUYANA

Since December 2016

Pillar Telecom infrastructure and competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Telecommunications Act 2016
According to Art. 38.7 of the Telecommunications Act, the Public Utilities Commission may, where it deems appropriate, require that an operator or a service provider puts into effect accounting separation between different portions of its telecommunications networks, facilities, and telecommunications services. However, it is reported that functional separation of SMP/dominant network operator(s) is not required by law.
Coverage Telecommunications sector

GUYANA

Since June 1990

Pillar Telecom infrastructure and competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
Since June 1990, the telecom operator Guyana Telephone & Telegraph Co. (GTT) has been 80% owned by Atlantic Tele-Network (ATN) and 20% owned by the Government of Guyana (GOG).
Coverage Telecommunications sector

GUYANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulatory framework covering trade secrets
Guyana lacks 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 the Competition and Fair Trading Act of 2006 and the Access to Information Act of 2011.
Coverage Horizontal

GUYANA

Since December 2016
Since October 2020

Pillar Telecom infrastructure and competition  |  Sub-pillar Passive infrastructure sharing obligation
Telecommunications Act of 2016

Telecommunications (Interconnection and Access) Regulations 2020
There is an obligation for passive infrastructure sharing in Guyana to deliver telecom services to end users. Moreover, passive infrastructure sharing is practiced in the mobile sector and in the fixed sector based on commercial agreements. Pursuant to Section 42 of the Telecommunications Act of 2016, when, in connection with the installation, operation or maintenance of its telecommunications networks, an operator requests access to any road, conduit, pole, cable, work or other facility of a public utility, or a public utility requests access to any facility of an operator, such request shall be governed by the provisions of this section and the regulations.
Pursuant to Art. 8 of the Telecommunications (Interconnection and Access) Regulations 2020, every operator, service provider and public utility shall (i) in a timely manner and upon the written request of an accessing operator, service provider or public utility, provide access on an unbundled and unbundled basis to any facility or public utility it owns or controls, including the ability to physically access such facility or public utility and to install, operate, maintain and repair any equipment or other element of a facility or public utility; (ii) negotiate any access agreement in good faith and in accordance with these regulations. In addition, according to Art. 8.2, each operator and service provider shall provide access to its roads, ducts, conduits, poles, towers, cables and other elements of its facilities or public service facilities, as the case may be, in connection with the transmission or other provision of any service for the purpose of their joint use and allocation as provided in Art. 42 of the Law.
Coverage Telecommunications sector

GUYANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Guyana has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal

GUYANA

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
Guyana has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal

GUYANA

Reported in 2022

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Practical or legal restrictions related to the enforcement of patents
Lack of proper enforcement of IPRs
It is reported that even with a completed registration, no effective enforcement mechanisms exist to protect intellectual property rights.
Coverage Horizontal

GUYANA

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Participation in the Patent Cooperation Treaty
Lack of participation in the Patent Cooperation Treaty (PCT)
Guyana is not a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal

GUYANA

Since November 1956, last amended in January 1966

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Copyright law with clear exceptions
The Copyright Act, 1956

The Copyright (British Guiana) Order, 1966
Guyana has a clear regime of copyright exceptions that follows the fair dealing model, which enables the lawful use of copyrighted work by others without obtaining permission. Arts. 6-10 of the Copyright Act (amended by the Copyright (British Guiana) Order, 1966) establishes the exceptions which include purposes of research, private study, criticism or review; among others.
Coverage Horizontal

GUYANA

Since March 2004

Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade  |  Sub-pillar Screening of investment and acquisitions
Investment Act 2004
According to Art. 6 of the Investment Act, investors shall not invest in or operate investment enterprises that are prejudicial to national security, or detrimental to the natural environment, or public health, or which contravene the laws of Guyana.
Coverage Horizontal