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EGYPT

Since February 2020

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 180 of 2018 on Press, Media and the Supreme Council for Media Regulation
(قانون رقم 180 لسنة 2018 بإصدار قانون تنظيم الصحافة والإعلام والمجلس الأعلى لتنظيم الإعلام)
Art. 22 of Law No. 180 of 2018 stipulates that the provision of content transfer services (whether recorded or live broadcast) is not permissible from within the Arab Republic of Egypt to a media outlet or a website operating from outside the Republic, except after obtaining a license from the Supreme Council for Media Regulation and in accordance with the rules and conditions the Authority sets.
Coverage Media outlets and websites

EGYPT

Since August 2018

Pillar Content access  |  Sub-pillar Licensing schemes for digital services and applications
Law No. 180 of 2018 on Press, Media and the Supreme Council for Media Regulation
(قانون رقم 180 لسنة 2018 بإصدار قانون تنظيم الصحافة والإعلام والمجلس الأعلى لتنظيم الإعلام)
According to Art. 59 of Law No. 180, it is not permissible to establish or operate any media outlet or website before obtaining a license from the Supreme Council for Media Regulation, and the Supreme Council shall determine the conditions and requirements for the license. The term "website" is defined in Art. 1 as "the licensed page, link or application through which press, media or advertising content is provided, whether textual, audio, visual, static, animated or multimedia, issued under a specific name, with a specific electronic address and domain and created, hosted or accessed through the International Information Network (Internet)".
Coverage Online media

EGYPT

N/A

Pillar Intellectual Property Rights (IPRs)  |  Sub-pillar Effective protection covering trade secrets
Lack of comprehensive regulation on trade secrets
Egypt 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 them. Arts. 55–61 of Book One of Law No. 82 of 2002 on the Protection of Intellectual Property Rights provide some general information about trade secrets. Moreover, Art. 55 defines undisclosed information and Art. 58 defines what constitutes unfair commercial practices and the illicit acquisition and misappropriation of undisclosed information. However, unlike many other jurisdictions, Egyptian law puts a firm onus on the proprietor and/or owner of the undisclosed information to have adequate safeguards against the acquisition of the information. When no such adequate safeguards are judged to have been in place, the owner or proprietor of the undisclosed information is potentially held to also be liable for any illicit acquisition and misappropriation. Art. 57 states that “the person who is lawfully in control of such (undisclosed) information shall not be exempt from liability when others infringe the information unless he proves that he has exerted reasonable and adequate efforts to preserve such information.
Coverage Horizontal

EGYPT

Since August 2018
Since February 2020

Pillar Domestic data policies  |  Sub-pillar Minimum period for data retention
Law No. 180 of 2018 on Press, Media and the Supreme Council for Media Regulation
(قانون رقم 180 لسنة 2018 بإصدار قانون تنظيم الصحافة والإعلام والمجلس الأعلى لتنظيم الإعلام)

Resolution of the Council of Ministers No. 418 of 2020 Issuing Executive Regulations for Law No. 180 of 2018 on Press, Media and the Supreme Council for Media Regulation
(قرار رئيس مجلس الوزراء رقم 418 لسنة 2020 بإصدار اللائحة التنفيذية لقانون تنظيم الصحافة والإعلام والمجلس الأعلى لتنظيم الإعلام الصادر بالقانون رقم 180 لسنة 201)
According to Art. 16 of the Resolution No. 418 of 2020, issuing the executive regulations for the law regulating the press and media and the Supreme Council for Media Regulation promulgated by Law No. 180 of 2018, licensed media and websites must retain all broadcast materials for no less than one year from the broadcast date. They must also deposit a copy of it to the Supreme Council on a monthly basis. The term media is defined as any terrestrial or satellite television channel or wired, wireless or electronic radio station. The term website is defined as the licensed page, link or electronic application through which press, media or advertising content is provided, whether fixed, animated or multimedia, issued under a specific name, with a specific electronic address and domain, and created, hosted or accessed through the international information network (Internet).
Coverage Licensed media and websites

EGYPT

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Passive infrastructure sharing obligation
Requirement of passive infrastructure sharing
It is reported that there is an obligation for passive infrastructure sharing in Egypt to deliver telecom services to end users. It is practised both in the mobile and fixed sectors based on commercial agreements.
Coverage Telecommunications sector

EGYPT

Since July 2020

Pillar Domestic data policies  |  Sub-pillar Requirement to perform an impact assessment (DPIA) or have a data protection officer (DPO)
Resolution No. 151 of 2020 approving the Law on the Protection of Personal Data
(قانون رقم ١٥١ لسنة ٢٠٢٠ بإصدار قانون حماية البيانات الشخصية)
Art. 8 of Egypt's Law No. 151 of 2020, Promulgating the Personal Data Protection Law, requires any controller or processor to appoint "a competent employee to be responsible for the protection of Personal Data, inside its legal entity and among its personnel structure. This employee shall be registered in the register designated for the Data Protection Officers at the Center" (Data Protection Center). In addition, according to Art. 5.12, processors outside of the Arab Republic of Egypt are required to appoint a representative in the country.
Coverage Horizontal

EGYPT

Since February 2003

Pillar Telecom infrastructure & competition  |  Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Egypt Telecommunication Regulation Law - Law No. 10 of 2003
(قانون رقم ١٠ لسنة ٢٠٠٣ بإصدار قانون تنظيم الاتصالات)
Law No. 10 of 2003 sets restrictions on Telecom Egypt, which is the monopoly operator of the fixed internet services and infrastructure market. Art. 63 stipulates that "the shares of Telecom Egypt can be offered for sale at a partial value of the Company capital upon a decree from the Cabinet with the condition that the greater part of the capital remains State-owned".
Coverage Telecom Egypt

EGYPT

Since July 2020

Pillar Domestic data policies  |  Sub-pillar Requirement to allow the government to access personal data collected
Resolution No. 151 of 2020 approving the Law on the Protection of Personal Data
(قانون رقم ١٥١ لسنة ٢٠٢٠ بإصدار قانون حماية البيانات الشخصية)
Art. 3.5 of Resolution No. 151 stipulates that "The Data Protection Centre shall, upon the request of the national security authorities, notify the controller or processor to amend, delete, not display or provide or handle the personal data, within a specified period of time, according to national security considerations, and the controller or processor shall implement the contents of the notification within the period of time specified therein." It is reported that there are no clear or precise rules as to when the national security authorities can request access to the personal data maintained by the controller/processor. The main requirement is that the request made by the national security authorities to access the personal data must be for the purpose of national security.
Coverage Horizontal

EGYPT

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of shares owned by the government in telecom companies
Presence of shares owned by the government in the telecom sector
It is reported that the government owns 70% of Telecom Egypt's shares, and the rest are free to float. In addition, Art. 63 of Law No. 10 of 2003 stipulates that the shares of Telecom Egypt can be offered for sale at a partial value of the Company capital upon a decree from the Cabinet with the condition that the greater part of the capital remains State-owned.
Coverage Telecommunications sector

EGYPT

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Functional/accounting separation for operators with significant market power
Lack of mandatory functional separation for dominant network operators
It is reported that Egypt does not mandate functional separation for operators with significant market power (SMP) in the telecom market. However, there is an obligation of accounting separation.
Coverage Telecommunications sector

EGYPT

Since February 2003

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Egypt Telecommunication Regulation Law - Law No. 10 of 2003
(قانون رقم ١٠ لسنة ٢٠٠٣ بإصدار قانون تنظيم الاتصالات)
Art. 64 of Law No. 10 of 2003 on Telecommunication Regulations requires each operator and provider, at their own expense, to provide within the telecommunication networks licenced to them, all technical possibilities, including equipment, systems, software and communications, to enable the armed forces and national security entities to exercise their powers within the law. This could include capabilities for decrypting encrypted communications. Contravention of this prohibition is a criminal offence punishable by imprisonment and a fine of between EGP 10,000 and 100,000 (approx. 635 and 6350 USD).
Coverage Telecommunications sector

EGYPT

Since February 2003

Pillar Telecom infrastructure & competition  |  Sub-pillar Other restrictions to operate in the telecom market
Egypt National Telecom Regulatory Authority (NTRA)'s "Terms and Conditions Needed For the Award of A License To Provide Internet Connectivity Services (Class A) and VoIP Services in Arab Republic of Egypt (A.R.E)"
(اإلجراءات و القواعد و الشروط الالزمة للحصول على تر اخيص إل نشاء شبكات االتصاالت و تقديم خدمات االتصاالت داخل جمهورية مصر العربية)
Only Egyptian joint-stock companies incorporated in accordance with Egyptian law can apply for and obtain Internet Service Provider (Class A) and Voice Over Internet Protocol (VOIP) Licenses in Egypt. This means that ISPs and VOIP services of foreign providers with no commercial presence in Egypt and minimum Egyptian stocks are not permissible in Egypt.
Coverage Telecommunications sector

EGYPT

Since June 2002

Pillar Telecom infrastructure & competition  |  Sub-pillar Signature of the WTO Telecom Reference Paper
WTO Telecom Reference Paper
Egypt has appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments.
Coverage Telecommunications sector

EGYPT

N/A

Pillar Telecom infrastructure & competition  |  Sub-pillar Presence of an independent telecom authority
Lack of an independent telecom authority
Egypt has a telecommunications authority: The National Telecommunications Regulatory Authority of Egypt (NTRA). However, it is reported that the decision-making process of this entity is not fully independent from the government.
Coverage Telecommunications sector

EGYPT

Since August 2018
Since February 2020

Pillar Cross-border data policies  |  Sub-pillar Ban to transfer and local processing requirement
Law No. 180 of 2018 on Press, Media and the Supreme Council for Media Regulation
(قانون رقم 180 لسنة 2018 بإصدار قانون تنظيم الصحافة والإعلام والمجلس الأعلى لتنظيم الإعلام)

Resolution of the Council of Ministers No. 418 of 2020 Issuing Executive Regulations for Law No. 180 of 2018 on Press, Media and the Supreme Council for Media Regulation
(قرار رئيس مجلس الوزراء رقم 418 لسنة 2020 بإصدار اللائحة التنفيذية لقانون تنظيم الصحافة والإعلام والمجلس الأعلى لتنظيم الإعلام الصادر بالقانون رقم 180 لسنة 201)
According to Art. 16 of the Resolution of the Council of Ministers No. 418 of 2020 Issuing Executive Regulations for Law No. 180 of 2018 on Press, Media and the Supreme Council for Media Regulation, all companies having a licence from the Supreme Council for Media Regulation (SCoM) to operate and distribute recorded or live content in Egypt, whether through satellite or the internet, are required to store all content for at least one year in a server that is located at a secure location in Egypt. The location may not be changed without prior approval from the SCoM.
Coverage Companies that operate and distribute recorded or live content

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