Algeria has ratified the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.

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.

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.

It is reported that Algeria has established a regulatory framework mandating passive infrastructure-sharing obligations in the telecommunications sector, both in mobile and fixed sectors.

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.

Algeria is home to three mobile phone and data network operators, namely Djezzy, Algérie Télécom Mobile, and Wataniya Telecom Algérie. The largest of these by subscriptions is Optimum Télécom Algérie, which operates under the brand name of Djezzy, which became fully state-owned in August 2022 after Veon sold its 45.5% stake in Djezzy to the government-controlled Algerian National Investment Fund (Fonds National d'Investissement, FNI). The fixed incumbent, Algérie Télécom Mobile, is also fully state-owned.

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.

It is reported that the State of Algeria has not established functional separation for the operator with significant market power. Yet, Art. 110 and 123 of Law No. 18-04 (Loi No. 18-04 du 24 Chaâbane 1439 correspondant au 10 mai 2018 fixant les règles générales relatives à la poste et aux communications électroniques) provide for accounting separation for operators with significant market power.

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.

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.

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.

Until 2020, foreign investors in Algeria were constrained by the “49%-51% rule” in all sectors of activity. That is, they were obliged to set up an Algerian company with a share capital held at least at 51% by one or more Algerian nationals residing in Algeria, thus limiting foreign investment in an Algerian entity to 49% of its share capital.
Art. 109 of the 2020 Finance Act, published on 30 December 2019, lifted the restriction, stating that the “49%-51% rule” shall only apply to “strategic sectors” and that foreign investment is unlimited in all non-strategic sectors. None of the sectors relevant for digital trade are considered strategic, thus full ownership by foreigners is permitted.

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.

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.