Database

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ALGERIA

Since June 2018, entry into force in August 2023

Pillar Online sales and transactions  |  Indicator Local presence requirements for digital services providers
Law No. 18-07 of 25 Ramadhan 1439 Corresponding to June 10, 2018, on the Protection of Natural Persons in the Processing of Personal Data (Loi No. 18-07 du 25 Ramadhan 1439 Correspondant au 10 Juin 2018 Relative à la Protection des Personnes Physiques dans le Traitement des Données à Caractère Personnel)
Pursuant to Art. 4.2 of Law No. 18-07, in the event that the controller is not established in the national territory, a representative located in Algeria must be appointed. This requirement applies to foreign service providers in Algeria, as defined in Art. 3 as any public or private entity that offers users of its services the possibility to communicate by means of a computer system and/or a telecommunications system.
Coverage Communications sector

ALGERIA

Since November 2017

Pillar Cross-border data policies  |  Indicator Infrastructure requirement
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 No. 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. 10 of Decision No. 48/SP/PC/ARPT/17 stipulates that in the course of carrying out the activity covered by its authorisation to establish and operate hosting and storage services for computerised content, the service provider is obliged to establish its infrastructure on national territory and guarantee that it is set up using equipment incorporating the most recent and proven technologies. In addition, the service provider is required to provide services via infrastructures specifically declared for this authorisation. The term "service provider" is defined as any natural or legal person who has been granted authorisation to establish and operate hosting and storage services for computerised content for the benefit of remote users as part of cloud computing services, in compliance with the requirements set out in the legislation and regulations in force.
Coverage Cloud-computing sector

ALGERIA

Since November 2017

Pillar Content access  |  Indicator Licensing schemes for digital services and applications
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 No. 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

Since June 2018, entry into force in August 2023

Pillar Cross-border data policies  |  Indicator Conditional flow regime
Law No. 18-07 of 25 Ramadhan 1439 Corresponding to 10 June 2018, on the Protection of Natural Persons in the Processing of Personal Data (Loi No. 18-07 du 25 Ramadhan 1439 Correspondant au 10 Juin 2018 Relative à la Protection des Personnes Physiques dans le Traitement des Données à Caractère Personnel)
Art. 44 of Law No. 18-07 provides that the data controller may only transfer personal data to another foreign state upon authorisation of the data protection authority and if that state ensures an adequate level of protection of the privacy and fundamental rights and freedoms of individuals with regard to the processing to which such data are or may be subject. Art. 45, however, provides that, by way of derogation to Art. 44, the data controller may transfer personal data to a foreign State subject to certain conditions, including: if the data subject has expressly consented to their transfer; if the transfer is made pursuant to a bilateral or multilateral agreement to which Algeria is a party; with the authorisation of the national authority; if the transfer is necessary: (a) to safeguard that person's life; (b) the preservation of the public interest; (c) for compliance with obligations to ensure the recognition, exercise or defence of a legal right; (d) for the performance of a contract between the controller processing and the data subject, or measures pre-contractual agreements taken at the latter's request; (e) for the conclusion or performance of a contract concluded or to conclude, in the interest of the data subject, between the controller and a third party; (f) for the execution of a mutual legal assistance measure international; or (g) for prevention, diagnosis or treatment of medical conditions.
Coverage Horizontal

ALGERIA

N/A

Pillar Cross-border data policies  |  Indicator Participation in trade agreements committing to open cross-border data flows
Lack of binding commitments to cross-border data flows
Algeria has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal

ALGERIA

Since June 2018, entry into force in August 2023

Pillar Domestic data policies  |  Indicator Framework for data protection
Law No. 18-07 of 25 Ramadhan 1439 Corresponding to June 10, 2018, on the Protection of Natural Persons in the Processing of Personal Data (Loi No. 18-07 du 25 Ramadhan 1439 Correspondant au 10 Juin 2018 Relative à la Protection des Personnes Physiques dans le Traitement des Données à Caractère Personnel)
Law 18-07 provides a comprehensive regime of data protection in Algeria. It establishes general personal data protection requirements such as express consent, data processing notifications, data subject rights, and restrictions on direct marketing and data transfers.
Coverage Horizontal

ALGERIA

Since August 2009

Pillar Domestic data policies  |  Indicator Minimum period for data retention
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
Art. 11 of Law No. 09-04 requires communication service providers to store, for a period of one year after the registration, data allowing the identification of users of their services and data enabling the recipient(s) of the communication to be identified as well as the addresses of the sites visited. This requirement covers all service providers, defined in Art. 2 to include any public or private entity which offers users the possibility of communicating by means of a computer system and/or a telecommunications system; and any other entity processing or storing computer data for communication services or their users.
Coverage Communication service providers

ALGERIA

Since August 2009

Pillar Domestic data policies  |  Indicator Requirement to allow the government to access personal data collected
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
According to Art. 3 of Law No. 09-04, subject to the legal provisions guaranteeing the secrecy of correspondence and communications, implementation of technical devices carrying out operations of surveillance of electronic communications, collection and recording in real time of their content as well as searches and seizures in a computer system may be carried out for purposes of protection of public order, for investigations or after judicial request. Art. 4 lists instances when such surveillance may be carried out, including:
- to prevent offences qualified as terrorist or subversive acts and offences against State security;
- when there is information on a probable attack on a computer system representing a threat to public order, national defence, State institutions or the national economy;
- for the purposes of investigations and judicial information when it is difficult to arrive at results relevant to the research in progress without resorting to electronic surveillance;
- in connection with the execution of requests for international legal assistance.
Coverage Horizontal

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for copyright infringement
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
Law No. 09-04 of 14, laying down special rules relating to the prevention and fight against offences related to information and communication technologies, establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 12 of the Law, internet service providers are required to intervene, without delay, to remove the content to which they authorise access in the event of a violation of the laws, store it or make it inaccessible as soon as they become aware of it directly or indirectly.
Coverage Internet intermediaries

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
Law No. 09-04 of 14, laying down special rules relating to the prevention and fight against offences related to information and communication technologies, establishes a safe harbour regime for intermediaries for copyright infringements. According to Art. 12 of the Law, internet service providers are required to intervene, without delay, to remove the content to which they authorise access in the event of a violation of the laws, store it or make it inaccessible as soon as they become aware of it directly or indirectly.
Coverage Internet intermediaries

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Indicator User identity requirement
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
Art. 11 of Law No. 09-04 requires communication service providers to store data allowing the identification of users of their services for a period of one year after the registration. This requirement covers all service providers, defined in Art. 2 to include any public or private entity which offers users of its services the possibility of communicating by means of a computer system and/or a telecommunications system and any other entity processing or storing computer data for communication services or their users.
Coverage Telecommunications sector

ALGERIA

Reported in 2021, last reported in 2025

Pillar Intermediary liability  |  Indicator User identity requirement
Identity requirement for SIM cards
It is reported that Algeria' approach to SIM registration requires mobile network operators to collect and share a user's personal information and proof of identity.
Coverage Telecommunications sector

ALGERIA

Since August 2009

Pillar Intermediary liability  |  Indicator Monitoring requirement
Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies (Law No. 09-04 of 14 Chaâbane 1430 Corresponding to August 5, 2009, Laying Down Special Rules Relating to the Prevention and Fight Against Offences Related to Information and Communication Technologies)
According to Art. 12 of Law No. 09-04, internet service providers shall set up technical devices to limit access to platforms containing information contrary to public order or morality and to inform subscribers thereof.
Coverage Internet intermediaries

ALGERIA

Since November 2020

Pillar Intermediary liability  |  Indicator Monitoring requirement
Decree No. 20-332 Governing the Electronic Press (Décret Exécutif No. 20-332 du 6 Rabie Ethani 1442 Correspondant au 22 Novembre 2020 Fixant les Modalités d'Exercice de l'Activité d'Information en Ligne et la Diffusion de Mise au Point ou Rectification sur le Site Électronique)
Decree No. 20-332 stipulates that online media directors must notify the authorities of any "illegal content" published on their platforms. Art. 13 establishes that "the director in charge of the online information organ is required to take the appropriate measures and means to fight against illicit contents (...) especially any content including incitement to hatred, violence or discrimination because of the regional origin, of an alleged race, religion or political or ideological opinion or gender. The director responsible for the online news organisation must notify the relevant authorities of any illegal content."
Coverage Online news

ALGERIA

Since December 2023, entry into force in December 2024

Pillar Intermediary liability  |  Indicator Monitoring requirement
Law No. 23-20 on the Audiovisual Activity (Loi N° 23-20 du 18 Joumada El Oula 1445 correspondant au 2 décembre 2023 relative à l’activité audiovisuelle)
Art. 68 of Law No. 23-20 on the Audiovisual Activity establishes that operators of digital platforms distributing audiovisual communication services are fully responsible for all content disseminated through online audiovisual service distribution platforms. In addition, Art. 32 requires that these digital audiovisual services refrain from broadcasting any material that incites violence, terrorism, racial discrimination, or conveys false information.
Coverage Digital audiovisual services

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