LIBYA
N/A
Pillar Domestic data policies |
Indicator Framework for data protection
Lack of comprehensive legal framework for data protection
Libya does not have a comprehensive regime in place for all personal data, but it has some sectoral regulations. Chapter 7 of Law No. 6-2022 on electronic transactions stipulates some general provisions for the protection of private data (Arts. 73-79).
Coverage Horizontal
Sources
- https://web.archive.org/web/20211124081007/https://unctad.org/topic/ecommerce-and-digital-economy/ecommerce-law-reform/summary-adoption-e-commerce-legislation-worldwide
- https://dataprotection.africa/libya/
- https://web.archive.org/web/20231129055951/https://lawsociety.ly/web/20231129055951/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-6-%D9%84%D8%B3%D9%86%D8%A9-2022-...
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LIBYA
Since October 2022
Pillar Domestic data policies |
Indicator Requirement to allow the government to access personal data collected
Law No. 6-2022 on Electronic Transactions
قانون رقم 6 لسنة 2022 م بشأن المعاملات الإلكترونية
قانون رقم 6 لسنة 2022 م بشأن المعاملات الإلكترونية
Art. 74 of Law No. 6-2022 allows the Government to obtain or require disclosure of personal data without a court order in the following cases:
- To obtain personal data based on an official request from investigating authorities,
- If the data is necessary for the purpose of preventing or detecting a crime or a law;
- To obtain personal data to estimate or collect any tax or duty;
- To protect the vital, urgent interest of the person.
- To obtain personal data based on an official request from investigating authorities,
- If the data is necessary for the purpose of preventing or detecting a crime or a law;
- To obtain personal data to estimate or collect any tax or duty;
- To protect the vital, urgent interest of the person.
Coverage Horizontal
LIBYA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for copyright infringement
Lack of intermediary liability framework in place for copyright infringements
A basic legal framework on intermediary liability for copyright infringement is absent in Libya's law and jurisprudence.
Coverage Internet intermediaries
LIBYA
N/A
Pillar Intermediary liability |
Indicator Safe harbour for intermediaries for any activity other than copyright infringement
Lack of intermediary liability framework in place beyond copyright infringement
A basic legal framework on intermediary liability beyond copyright infringement is absent in Libya's law and jurisprudence.
Coverage Internet intermediaries
LIBYA
Reported in 2021, last reported in 2024
Pillar Intermediary liability |
Indicator User identity requirement
Identity requirement for SIM cards
It is reported that Libya’s SIM card registration policy obliges mobile network operators to collect and retain users’ personal information together with proof of identity. To obtain and register a SIM card from either of the two principal mobile service providers, Libyana and Al-Madar, foreign nationals are required to present a copy of their passport.
Coverage Mobile network operators
LIBYA
Reported in 2023, last reported in 2024
Pillar Content access |
Indicator Presence of Internet shutdowns
Presence of Internet shutdowns
It is reported that in October 2023, the Libyan Arab Armed Forces abruptly severed internet access in Benghazi, Libya's second-largest city, under the pretext of a military operation against a "destructive cell," effectively isolating the city from the rest of the world for over a week. A similar situation occurred in mid-September in the city of Derna following protests triggered by the collapse of dams that resulted in numerous casualties. The Libyan Arab Armed Forces imposed a four-day internet and communication shutdown in response. Additionally, recurrent internet and communications disruptions were reported in Sirte due to demonstrations during 2024.
In addition, the indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Libya for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
In addition, the indicator "7.2.4 - Government Internet shut down in practice" of the V-Dem Dataset, which measures whether the government has the technical capacity to actively make internet service cease, thus interrupting domestic access to the internet or whether the government has decided to do so, has a score of 2 in Libya for the year 2024. This corresponds to "The government shut down domestic access to the Internet several times this year."
Coverage Horizontal
Sources
- https://www.v-dem.net/vdemds.html
- https://freedomhouse.org/country/libya/freedom-net/2024#B
- https://web.archive.org/web/20231111074055/https://www.omct.org/en/resources/blog/libya-escalation-of-internet-shutdowns-and-erosion-of-digital-freedom
- https://web.archive.org/web/20231128190314/https://pulse.internetsociety.org/blog/monitoring-reports-of-internet-shutdown-in-libya
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LIBYA
Reported in 2021, last reported in 2023
Pillar Telecom infrastructure & competition |
Indicator Maximum foreign equity share for investment in the telecommunication sector
De facto FDI restriction
Foreign investors face no specific restrictions under Law No. (22) of 1378 FDP (2010 AD) on Telecommunications. However, it is reported that the fixed telecom sector is reserved exclusively for the state-owned Libyan Post Telecommunications and Information Technology Company (LPTIC). The regulatory framework defines three licensing categories in the telecommunications sector:
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
Coverage Fixed-telecommunications sector
Sources
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3070292&id2=&id3=&sPath=000021090010901&mzMode=Modes3
- https://web.archive.org/web/20231207224142/https://www.cim.gov.ly/electronic-services-licenses
- https://web.archive.org/web/20240522042148/https://security-legislation.ly/latest-laws/law-no-22-of-2010-on-communications/
- https://web.archive.org/web/20231023103718/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-22-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D...
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LIBYA
Since April 2005
Pillar Telecom infrastructure & competition |
Indicator Presence of shares owned by the government in telecom companies
Decree No. 63 of 2005 establishing the Libyan Post, Telecommunications and Information Technology Company
قرار رقم 63 لسنة 2005 م بإنشاء الشركة الليبية للبريد والاتصالات وتقنية المعلومات
قرار رقم 63 لسنة 2005 م بإنشاء الشركة الليبية للبريد والاتصالات وتقنية المعلومات
The Libyan government retains significant ownership in the telecommunications sector, primarily through the Libyan Post, Telecommunication and Information Technology Company (LPTIC), one of the country’s largest state-owned enterprises. Established under Art. 1 of Decree No. 63 of 2005 as a public holding company affiliated with the General Authority for Information, Documentation and Communications, LPTIC assumed control of the General Company for Post and Telecommunications, Al Madar Company, Libya Telecommunications and Technology Company, and Libyana Company pursuant to Art. 5 of the same decree. Al Madar Al Jadeed, founded in 1995 as Libya’s first mobile network operator and data provider, remains government-owned, while Libya Telecommunications and Technology Company, created in 1997, currently delivers integrated services including Internet connectivity, voice communications, hosting, and data transfer. Other entities, such as Libyana, also continue to operate under the LPTIC umbrella.
Coverage Telecommunications sector
LIBYA
N/A
Pillar Telecom infrastructure & competition |
Indicator Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
Libya does not mandate functional separation for operators with significant market power (SMP) in the telecom market. Information about accounting separation is not found.
Coverage Telecommunications sector
LIBYA
Reported in 2021, last reported in 2023
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
De facto FDI restriction
Foreign investors face no specific restrictions under Law No. (22) of 1378 FDP (2010 AD) on Telecommunications. However, it is reported that the fixed telecom sector is reserved exclusively for the state-owned Libyan Post Telecommunications and Information Technology Company (LPTIC). The regulatory framework defines three licensing categories in the telecommunications sector:
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
- Category I: Required for establishing or operating public telecom networks or infrastructure that uses national resources, such as frequency spectrum. This includes fixed and mobile networks, international communications, and any other services designated by the Authority.
- Category II: Covers public telecom services that rely on first-category networks or provide additional services using national resources (e.g., numbering) without using natural resources. Examples include ISPs, satellite communication, and value-added services.
- Category III: Applies to private telecom networks or services, either separate from or using capacity from public networks. This includes services like automated vehicle management systems, satellite-based personal communications, and importing radio equipment.
The regulator encourages private sector involvement in Category II and III services but reserves Category I fixed telecom services exclusively for the LPTIC, preventing private operators from entering this sub-sector.
Coverage Fixed-telecommunications sector
Sources
- https://itip-services-worldbank.wto.org/DetailView.aspx?id=3070292&id2=&id3=&sPath=000021090010901&mzMode=Modes3
- https://web.archive.org/web/20231207224142/https://www.cim.gov.ly/electronic-services-licenses
- https://web.archive.org/web/20240522042148/https://security-legislation.ly/latest-laws/law-no-22-of-2010-on-communications/
- https://web.archive.org/web/20231023103718/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-22-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D...
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LIBYA
Since October 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Maximum foreign equity share
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
Art. 5 of Decree No. 944 stipulates that foreign nationals are prohibited from engaging in import and export activities, which are reserved exclusively for domestic persons.
Coverage Import and export activities
LIBYA
Since October 2022
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Nationality/residency requirement for directors or managers
Decree No. 944 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
قرار رقم 944 لسنة 2022 م بشأن لائحة مساهمة الأجانب وفروع ومكاتب تمثيل الشركات الأجنبية بدولة ليبي
Under Art. 23 of Decree No. 944, foreign companies may establish branches in Libya provided that a Libyan national is appointed as either the branch manager or the deputy branch manager. This requirement applies to the sectors identified in Art. 21, which include telecommunications and information technology.
Coverage Several sectors, including telecommunications and information technology
Sources
- https://web.archive.org/web/20251215180428/https://lawsociety.ly/en/legislation/decree-no-944-on-the-foreigners-participation-and-foreign-companies-branches-and-representative-offices-in-libya/
- https://web.archive.org/web/20251224171611/https://srdb-lawfirm.com/libya-a-new-frontier-for-foreign-companies/
LIBYA
Since January 2010
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Resolution No. 499-2010 Issuing the Executive Regulations of Law No. 9-2010 Regarding Investment Encouragement
According to Resolution No. 499 of 2010, permission to establish, develop, rehabilitate, manage or operate an investment project is issued by a decision from the Ministry of Economy and Trade (MET) based on the recommendation of the Privatization and Investment Board (PIB), which enjoys exclusive jurisdiction to issue licenses (Art. 6). After obtaining the approval, the investor applies for the investment register (Art. 20). It is reported that the PIB’s screening process for investors and criteria are not published or transparent. It is further reported that the PIB says it evaluates bids or proposals for their compatibility with Libya’s national security, sovereignty, and economic interests.
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331060316/https://ejraat.gov.ly/media/ExeutiveLawNo9.pdf
- https://web.archive.org/web/20240718111654/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-499-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%A5%D8%B5%D8%AF%D8%A7%D8%B1-%...
- https://web.archive.org/web/20240305061301/https://www.state.gov/reports/2023-investment-climate-statements/libya/
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LIBYA
Since January 2010
Pillar Foreign Direct Investment (FDI) in sectors relevant to digital trade |
Indicator Screening of investment and acquisitions
Resolution No. 499-2010 Issuing the Executive Regulations of Law No. 9-2010 Regarding Investment Encouragement
According to Art. 5 of Resolution No. 499 of 2010, the minimum value of foreign capital, or in the case of participation with national capital in the investment project, is LYD 5 million (approx. USD 1 Million).
Coverage Horizontal
Sources
- https://web.archive.org/web/20230331060316/https://ejraat.gov.ly/media/ExeutiveLawNo9.pdf
- https://web.archive.org/web/20240718111654/https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-499-%D9%84%D8%B3%D9%86%D8%A9-2010-%D9%85-%D8%A8%D8%A5%D8%B5%D8%AF%D8%A7%D8%B1-%...
- https://web.archive.org/web/20231205082924/https://lawsociety.ly/web/20231205082924/https://lawsociety.ly/legislation/%D9%82%D8%A7%D9%86%D9%88%D9%86-%D8%B1%D9%82%D9%85-9-%D9%84%D8%B3%D9%86%D8%A9-2010-...
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LIBYA
Since March 1959
Pillar Intellectual Property Rights (IPRs) |
Indicator Practical or legal restrictions related to the application process for patents
Law No. 8-1959 on Patents and Industrial Designs and Models
قانون رقم 8 لسنة 1959م بشأن براءات الاختراع والرسوم والنماذج الصناعية
قانون رقم 8 لسنة 1959م بشأن براءات الاختراع والرسوم والنماذج الصناعية
According to Art. 4 of Law No. 8-1959, other than Libyans and public corporations, only foreigners who fit the following conditions may apply for a patent in Libya: natural persons who reside in Libya or have industrial or commercial companies in Libya or who are citizens of a country that treats Libya reciprocally, or who reside in these countries or have a real physical residence there, as well as entities who are established in Libya or countries with reciprocal treatment. Art. 49 stipulates that applicants who have filed to obtain a patent in one of the countries that treat Libya reciprocally and wish to apply for the patent in Libya need a local representative.
Coverage Horizontal
