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
ITA signatory?
I
II
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Effective tariff rate on ICT goods (applied weighted average)
Effective tariff rate to ICT goods (applied weighted average)
11.99%
Coverage rate of zero-tariffs on ICT goods (%)
32.94%
Coverage: ICT goods
Sources
- http://wits.worldbank.org/WITS/
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
ALGERIA
N/A
Pillar Tariffs and trade defence measures applied on ICT goods |
Indicator Participation in the WTO Information Technology Agreement (ITA) and 2015 expansion (ITA II)
Lack of participation in the Information Technology Agreement (ITA) and in ITA Expansion Agreement (ITA II)
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.
Coverage ICT goods
Sources
- https://www.wto.org/english/news_e/brief_ita_e.htm#:~:text=ITA%20participants%3A%20Australia%3B%20Bahrain%3B,%3B%20Jordan%3B%20Korea%2C%20Rep.
- https://www.wto.org/english/res_e/booksp_e/ita20years_2017_full_e.pdf
- https://web.archive.org/web/20220120054410/https://trade.ec.europa.eu/doclib/docs/2016/april/tradoc_154430.pdf
- https://www.wto.org/english/tratop_e/inftec_e/itscheds_e.htm
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ALGERIA
Since August 2023
Since September 2015, entry into force in December 2015
Since September 2015, entry into force in December 2015
Pillar Public procurement of ICT goods and online services |
Indicator Exclusion from public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
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.
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.
Coverage Horizontal
Sources
- https://web.archive.org/web/20241128124629/https://www.mf.gov.dz/images/pdf/reglementation/F2023051MarchFR.pdf
- https://web.archive.org/web/20211017185234/https://www.joradp.dz/FTP/JO-FRANCAIS/2015/F2015050.pdf?znjo=50
- https://web.archive.org/web/20231201231547/https://samirhamouda-avocats.com/brouillon-auto/?lang=en
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ALGERIA
Since August 2023
Since September 2015, entry into force in December 2015
Since September 2015, entry into force in December 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
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.
Coverage Horizontal
ALGERIA
Since August 2023
Since September 2015, entry into force in December 2015
Since September 2015, entry into force in December 2015
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
Presidential Decree No. 15-247 on Public Procurement Regulations and Delegation of Public Services (Décret Présidentiel No. 15-247 Portant Réglementation des Marchés Publics et des Délégations de Service Public)
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.
Coverage Horizontal
ALGERIA
Since August 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
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.
Coverage Horizontal
ALGERIA
Since August 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
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.
Coverage Horizontal
ALGERIA
Since August 2023
Pillar Public procurement of ICT goods and online services |
Indicator Other limitations on foreign participation in public procurement
Law No. 23-12 Establishing General Rules for Public Procurement (Loi No. 23-12 Fixant les Règles Générales Relatives aux Marchés Publics)
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.
Coverage Horizontal
ALGERIA
N/A
Pillar Public procurement of ICT goods and online services |
Indicator Signatory of the WTO Agreement on Government Procurement (GPA) with coverage of the most relevant services sectors (CPC 752, 754, 84)
Lack of participation in the WTO Agreement on Government Procurement (GPA)
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.
Coverage Horizontal
ALGERIA
Since December 2023, entry into force in December 2024
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
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. 4 of the Law on Audiovisual Activity restricts the operation of online audiovisual services to Algerian legal entities whose share capital is held exclusively by Algerian natural persons or by Algerian legal entities composed entirely of Algerian shareholders, thereby excluding any form of foreign ownership or participation.
Coverage Online audiovisual 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/20251124204149/https://digitalpolicyalert.org/event/28480-law-no-23-20-on-the-audiovisual-activity-including-mne-entry-and-ownership-rule-entered-into-force
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BAHRAIN
N/A
Pillar Online sales and transactions |
Indicator UNCITRAL Model Law on Electronic Signatures
Lack of adoption of UNCITRAL Model Law on Electronic Signatures
Bahrain has not adopted national legislation based on or influenced by the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Electronic Signatures.
Coverage Horizontal
BAHRAIN
Since December 2006
Pillar Quantitative trade restrictions for ICT goods and online services |
Indicator Export restrictions on ICT goods or online services
Law No. 81 of 2006 with respect to Approving the Common Industrial Law of the Gulf Cooperation Council (GCC)
قانون رقم (81) لسنة 2006 بالموافقة على قانون (نظام) التنظيم الصناعي الموحد لدول مجلس التعاون لدول الخليج العربية
قانون رقم (81) لسنة 2006 بالموافقة على قانون (نظام) التنظيم الصناعي الموحد لدول مجلس التعاون لدول الخليج العربية
In accordance with Law No. 81 of 2006 with respect to Approving the Common Industrial Law of the Gulf Cooperation Council (GCC), Bahrain imposes a regime for import licensing for certain products. Importers of several products must obtain an industrial licence from the Ministry of Industry, Commerce, and Tourism (MoICT), which can be issued only to a firm or an individual resident in Bahrain. It is valid for one year (renewable) and is transferable between importers. This requirement applies to importers of several products, including electric motors, generators, transformers, and electricity distribution and control apparatus; batteries and accumulators; wiring and wiring devices; electric lighting equipment; domestic appliances, other electric equipment; and machinery and equipment.
Coverage Several product, including electric motors, generators, transformers, and electricity distribution and control apparatus; batteries and accumulators; wiring and wiring devices; electric lighting equipment; domestic appliances, other electric equipment; machinery and equipment
BAHRAIN
Reported in 2021, last reported in 2025
Pillar Technical standards applied to ICT goods and online services |
Indicator Self-certification for product safety
Supplier Declaration of Conformity allowed for foreign businesses
Self-certification is allowed in Bahrain for radio transmission, electromagnetic interference (EMI) or electromagnetic compatibility (EMC). The country allows foreign companies to self-certify that they comply with these standards, through a Supplier Declaration of Conformity (SDoC). It is reported that, when applying for equipment type approval, the submission must include a manufacturer’s declaration of conformity, together with electromagnetic compatibility (EMC) and radio-frequency safety test reports issued by an internationally accredited telecommunications laboratory. These documents shall support the conformity assessment and be accompanied by a detailed technical description of the equipment and its associated units, including the frequencies that may be tuned or utilised.
Coverage Electronic products
BAHRAIN
Since August 2024
Pillar Online sales and transactions |
Indicator Licensing scheme for e-commerce providers
Decision No. 51 of 2024 regarding the Permission to Practice Certain Commercial Activities Through a Virtual Commercial Store
قرار رقم (51) لسنة 2024 بشأن السماح بمزاولة بعض الأنشطة التجارية من خلال محل تجاري افتراضي
قرار رقم (51) لسنة 2024 بشأن السماح بمزاولة بعض الأنشطة التجارية من خلال محل تجاري افتراضي
Arts. 1 and 2 of Decision No. 51 of 2024 authorise engagement in the commercial activities enumerated in Table No. 1 through a virtual commercial store, subject to assessment by the competent directorate of the Ministry of Industry and Commerce and the nature of the activity for which the licence is sought; applicants must be Bahraini nationals, operate exclusively as a sole proprietorship, and provide a permanent correspondence address. Art. 4 requires licence holders conducting online sales to maintain an operational website and prohibits them from trading in any products listed in Table No. 2, while Art. 5 forbids the recruitment of foreign labour for licensed activities. Table No. 1 includes, among others, online sales.
Coverage E-commerce sector
Sources
- https://web.archive.org/web/20251126163654/https://www.legalaffairs.gov.bh/FullEn/RCIN5124.docx
- https://web.archive.org/web/20251126163520/https://www.moic.gov.bh/sites/default/files/2024-08/قرار%20رقم%20%2851%29%20لسنة%202024%20بشأن%20السماح%20بمزاولة%20بعض%20ال...
- https://web.archive.org/web/20251126163817/https://www.mondaq.com/contracts-and-commercial-law/1533828/legal-update-new-framework-regulating-online-businesses-in-bahrain
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