ALGERIA
N/A
Pillar Telecom infrastructure & competition |
Indicator Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Algeria has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments as it is not a member of the WTO.
Coverage Telecommunications sector
ALGERIA
Reported in 2018, last reported in 2024
Pillar Telecom infrastructure & competition |
Indicator Presence of an independent telecom authority
Presence of an independent telecom authority
It is reported that the Regulatory Authority of Post and Electronic Communications (ARPCE), 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
ALGERIA
Since July 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Law No. 22-18 of 25 Dhou El Hidja 1443 Corresponding to July 24, 2022, Relating to Investment (Loi No. 22-18 du 25 Dhou El Hidja 1443 Correspondant au 24 Juillet 2022 Relative à l’Investissement)
Chapter 3 of Law No. 22-18 establishes the Algerian Agency for Investment Promotion. The Agency, among other activities, should ensure that the investors comply with the legislation in force and the standards relating, in particular, to the environment and public health protection, to competition, work and transparency of accounting, tax and financial information (Art. 15). The controls are done both before the investment (during recording and processing of investment files) and after (during monitoring of investment projects).
It is also reported that initial foreign investments remain subject to approvals from a host of ministries that cover the proposed project, most often the Ministries of Commerce, Health, Industry and Pharmaceutical Production, Energy and Mines, Telecommunications and Post, and Industry. Moreover, companies have reported that certain high-profile industrial proposals, such as for automotive assembly, are subject to informal approval by the Prime Minister.
It is also reported that initial foreign investments remain subject to approvals from a host of ministries that cover the proposed project, most often the Ministries of Commerce, Health, Industry and Pharmaceutical Production, Energy and Mines, Telecommunications and Post, and Industry. Moreover, companies have reported that certain high-profile industrial proposals, such as for automotive assembly, are subject to informal approval by the Prime Minister.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230129220915/https://aapi.dz/en/law-no-22-18-of-july-24-2022-relating-to-investment/
- https://web.archive.org/web/20240301131834/https://www.commerce.gov.dz/fr/reglementation/loi-n-deg-22-18-du-24-juillet-2022-relative-a-l-investissement-jo-n-deg-50-du-28-juillet-2022
- https://www.state.gov/reports/2023-investment-climate-statements/algeria
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ALGERIA
Since June 2018, entry into force in August 2023
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
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)
The last paragraph of Art. 44 of Law No. 18-07 forbids, in any case, the communication or transfer of personal data to a foreign country when this transfer is likely to carry harm to public security or the vital interests of the state.
Coverage Horizontal
ALGERIA
Since November 2017
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Commercial presence requirement for digital services providers
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 May 2018
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing requirement
Law No. 18-05 of 24 Chaâbane 1439 Corresponding to 10 May 2018, Relating to Electronic Commerce (Loi No. 18-05 du 24 Chaâbane 1439 Correspondant au 10 Mai 2018 Relative au Commerce Électronique)
Art. 8 of the Law No. 18-05 requires any e-commerce activity, which is defined as electronic commerce in goods and services, to have a website hosted in Algeria with a “.com.dz” extension. This requirement applies to both domestic and foreign e-suppliers as clarified in Art. 2, which states the legislation applies to e-commerce transactions where one of the parties to the e-commerce contract is of Algerian nationality, or legally resides in Algeria, or a legal person governed by Algerian law, or if the contract is concluded or performed in Algeria. Effectively, this means that the requirement to have domain names hosted in Algeria also applies to foreign companies.
Coverage Electronic commerce
Sources
- https://www.commerce.gov.dz/fr/telecharger/reglementation/872/article
- https://web.archive.org/web/20230204080955/https://www.droit-afrique.com/uploads/Algerie-Loi-2018-05-commerce-electronique.pdf
- https://web.archive.org/web/20230607200047/https://www.fareslegal.com/international-e-commerce-entering-the-algerian-market/
- https://itif.org/publications/2021/07/19/how-barriers-cross-border-data-flows-are-spreading-globally-what-they-cost/
- https://web.archive.org/web/20230420040132/https://cipesa.org/wp-content/files/reports/Privacy-Imperilled-Analysis-of-Surveillance-Encryption-and-Data-Localisation-Laws-in-Africa-Report.pdf
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ALGERIA
Since July 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Ordinance No. 03-07 of 19 Joumada El Oula 1424 corresponding to 19 July 2003, on Patents (Ordonnance N° 03-07 du 19 Joumada El Oula 1424 correspondant au 19 juillet 2003 relative aux brevets d'invention)
Art. 20 of Ordinance No. 03-07 stipulates that, in the absence of a reciprocal agreement, patent applicants residing abroad are required to appoint a representative before the competent authority.
Coverage Horizontal
ALGERIA
Since November 2017
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing 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 guarantee that customer data is hosted and stored on national territory and to guarantee a backup solution for data hosted or stored. 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
Reported in 2022, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the enforcement of patents
Reported inadequacy of judicial patent protection
It is reported that Algeria fails to ensure the provision of adequate judicial remedies in instances of patent infringement.
Coverage Horizontal
ALGERIA
Since December 2023, entry into force in December 2024
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing 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. 15 of the Law on Audiovisual Activity stipulates that online audiovisual communication services must be hosted “exclusively and physically domiciled” with Algeria’s public broadcasting organisation, utilising the national ".dz" domain extension. This provision requires both the physical location of servers within Algerian territory and the use of the country’s top-level domain.
Coverage Online audiovisual communication services
Sources
- https://web.archive.org/web/20241105060403/https://www.ministerecommunication.gov.dz/sites/default/files/قانون%20رقم%2023-20%20متعلق%20بالنشاط%20السمعي%20البصري.pdf
- https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/115892/DZA-115892.pdf
- https://web.archive.org/web/20250423193131/https://digitalpolicyalert.org/event/28469-law-no-23-20-on-the-audiovisual-activity-including-data-localisation-requirement-entered-into-force
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ALGERIA
Since March 2000
Pillar Intellectual Property Rights (IPRs) |
Indicator Participation in the Patent Cooperation Treaty (PCT)
Patent Cooperation Treaty (PCT)
Algeria is a party to the Patent Cooperation Treaty (PCT).
Coverage Horizontal
ALGERIA
Since November 2020
Since December 2023, entry into force in June 2024
Since December 2023, entry into force in June 2024
Pillar Cross-border data policies |
Indicator Ban to transfer and local processing 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)
Law No. 23-19 on the Written Press and Electronic Press (Loi N° 23-19 du 18 Joumada El Oula 1445 correspondant au 2 décembre 2023 relative à la presse écrite et à la presse électronique)
Law No. 23-19 on the Written Press and Electronic Press (Loi N° 23-19 du 18 Joumada El Oula 1445 correspondant au 2 décembre 2023 relative à la presse écrite et à la presse électronique)
Art. 6 of Decree No. 20-332 establishes that "the online information activity is subject to the publication through an electronic site, whose hosting is exclusively domiciled, physically and logically in Algeria, with a domain name extension ".dz"."
In addition, Art. 33 of the Law on the Written and Electronic Press mandates that electronic press outlets must operate websites hosted exclusively on physical infrastructure located within Algeria and bearing the ".dz" domain extension.
In addition, Art. 33 of the Law on the Written and Electronic Press mandates that electronic press outlets must operate websites hosted exclusively on physical infrastructure located within Algeria and bearing the ".dz" domain extension.
Coverage Online news
Sources
- https://web.archive.org/web/20230918001755/https://webservices.dz/images/pdf/F2020070.pdf
- https://web.archive.org/web/20250423200245/https://www.joradp.dz/FTP/jo-francais/2023/F2023077.pdf
- https://web.archive.org/web/20250423200527/https://digitalpolicyalert.org/event/28487-law-no-23-19-on-the-written-press-and-electronic-press-including-data-localisation-requirement-entered-into-force
- https://www.france24.com/en/live-news/20201218-algerian-state-tightens-screws-on-online-media
- https://freedomhouse.org/country/algeria/freedom-world/2023
- https://web.archive.org/web/20231203045351/https://www.icnl.org/resources/civic-freedom-monitor/algeria
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ALGERIA
Since July 2003
Pillar Intellectual Property Rights (IPRs) |
Indicator Copyright law with clear exceptions
Copyright and Neighbouring Rights Law Order No. 03-05, Corresponding to July 19, 2003, Related to Copyrights and Neighbouring Rights (Ordonnance No. 03-05, Correspondant au 19 Juillet 2003 Relative aux Droits d'Auteur et aux Droits Voisins)
The Copyright and Neighbouring Rights Order No. 03-05 does not provide any fair use/fair dealing model for copyright exceptions. However, Arts. 33-53 provide a list of wide exceptions. These include: materials that are printed, audio, audio-visual or any other form prepared for school or university education; work converted for personal or family purposes; usage of decorative or illustrative drawing of a literary or artistic work in a publication, in an audio or audio video recording or in audio or audio video programs meant for teaching or professional training as long as it is intended to achieve the targeted purpose; free acting or performing of a work; libraries and document keeping centers, not aiming at making direct or indirect commercial profits, can reproduce a work without the author’s or right owner’s permission in response to a request from another library or document keeping center, or to maintain the work’s copy, or to compensate a damaged, lost or void one; and mass media institutions reproducing, circulating or conveying to the public articles on daily events published by newspapers, radio or television, without permission from the author or reward to him, provided that the author and the source are indicated, unless there is an express provision prohibiting its use for such purposes.
Coverage Horizontal
ALGERIA
Reported in 2017, last reported in 2025
Pillar Intellectual Property Rights (IPRs) |
Indicator Enforcement of copyright online
Lack of adequate enforcement of copyright online
It is reported that digital piracy is pervasive and that enforcement mechanisms lack transparency and consistency, particularly with regard to online platforms and Internet Protocol Television (IPTV) piracy.
Coverage Horizontal
Sources
- https://web.archive.org/web/20251125151133/https://ustr.gov/sites/default/files/files/Issue_Areas/Enforcement/2025%20Special%20301%20Report%20(final).pdf
- https://web.archive.org/web/20251125152542/https://ustr.gov/sites/default/files/IssueAreas/IP/2022%20Special%20301%20Report.pdf
- https://web.archive.org/web/20251125220050/https://ustr.gov/sites/default/files/301/2017%20Special%20301%20Report%20FINAL.PDF
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ALGERIA
Since January 2014
Pillar Intellectual Property Rights (IPRs) |
Indicator Adoption of the WIPO Copyright Treaty
WIPO Copyright Treaty
Algeria has ratified the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
