LIBYA
N/A
Pillar Intermediary liability |
Sub-pillar Safe harbor 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
Since October 2022
Pillar Domestic Data policies |
Sub-pillar Requirement to allow the government to access personal data collected
Law No. 6-2022 on Electronic Transactions
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 Cross-border data policies |
Sub-pillar Participation in trade agreements committing to open cross-border data flows
Lack of participation in agreements with binding commitments on data flows
Libya has not joined any agreement with binding commitments to open transfers of data across borders.
Coverage Horizontal
LIBYA
N/A
Pillar Domestic Data policies |
Sub-pillar 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 regulation. Chapter 7 of Law No. 6-2022 on electronic transactions stipulates some general provisions on the protection of private data (Arts. 73-79).
Coverage Horizontal
Sources
- https://unctad.org/topic/ecommerce-and-digital-economy/ecommerce-law-reform/summary-adoption-e-commerce-legislation-worldwide
- https://dataprotection.africa/libya/
- 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-%D9%85-%D8%A8%D8%B4%D8%A3%D9%86-%D8%A7%D9%84%D9%85%D8%B9%D8%A7%D9%85%D9%84%D8%A7%D8%...
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LIBYA
Since October 2022
Pillar Cross-border data policies |
Sub-pillar Conditional flow regime
Law No. 6-2022 on Electronic Transactions
According to Art. 78 of Law No. 6/2022 on Electronic Transactions, the transfer of personal data to a foreign country is only allowed if the appropriate level of data protection is considered, particularly the nature and source of the personal data and the purpose and duration of the transfer. Also, the applicable international obligations and laws and national data protection procedures of the country to which the data is transferred must be considered.
Coverage Horizontal
LIBYA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Presence of independent telecom authority
Lack of an independent telecom authority
Libya has a telecommunications authority: the General Authority for Communication and Informatics. However, it is reported the decision-making process of this entity is not independent from the government. In fact, its chairman is appointed by a Resolution from the Prime Minister. Furthermore, Art. 19 of Resolution No. 49-2022 stipulates that the internal organization of the Authority shall be issued by a decision of the Chairman in coordination with the Ministry of Civil Service.
Coverage Telecommunications sector
Sources
- https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-49-%D9%84%D8%B3%D9%86%D8%A9-2022-%D9%85-%D8%A8%D8%A7%D8%B9%D8%AA%D9%85%D8%A7%D8%AF-%D8%A7%D9%84%D9%87%D9%8A%D9%83%D9%84-%D...
- https://cim.gov.ly/
- https://lawsociety.ly/legislation/%d9%82%d8%b1%d8%a7%d8%b1-%d8%b1%d9%82%d9%85-118-%d9%84%d8%b3%d9%86%d8%a9-2021-%d9%85-%d8%a8%d8%b4%d8%a3%d9%86-%d8%aa%d8%b3%d9%85%d9%8a%d8%a9-%d8%b1%d8%a6%d9%8a%d8%b3-...
- https://freedomhouse.org/country/libya/freedom-net/2018
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LIBYA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Signature of the WTO Telecom Reference Paper
Lack of appendment of WTO Telecom Reference Paper to schedule of commitments
Libya has not appended the World Trade Organization (WTO) Telecom Reference Paper to its schedule of commitments. In fact, Libya is not Member of the WTO.
Coverage Telecommunications sector
LIBYA
Reported in 2023
Pillar Telecom infrastructure and 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 state-owned Libyan Post Telecommunications and Information Technology Company (LPTIC), formerly the General Post and Telecommunications Company (GPTC), is the main telecommunications operator. Art. 1 of the Resolution No. 63-2005 establishes the LPTIC as a holding company affiliated with the General Authority for Information, Documentation and Communications.
In 1999, GPTC awarded the first ISP license to Libya Telecom and Technology (LTT), one if its subsidiaries. In addition, the LPTIC owns two mobile service providers, Al-Madar and Libyana, while a third provider, Libya Phone, is owned by LTT.
In 1999, GPTC awarded the first ISP license to Libya Telecom and Technology (LTT), one if its subsidiaries. In addition, the LPTIC owns two mobile service providers, Al-Madar and Libyana, while a third provider, Libya Phone, is owned by LTT.
Coverage Telecommunications sector
Sources
- https://freedomhouse.org/country/libya/freedom-net/2023
- https://medialandscapes.org/country/libya/telecommunications/company-profiles
- https://lawsociety.ly/legislation/%D9%82%D8%B1%D8%A7%D8%B1-%D8%B1%D9%82%D9%85-63-%D9%84%D8%B3%D9%86%D8%A9-2005-%D9%85-%D8%A8%D8%A5%D9%86%D8%B4%D8%A7%D8%A1-%D8%A7%D9%84%D8%B4%D8%B1%D9%83%D8%A9-%D8%A7%D...
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LIBYA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar 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 2023
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
De facto FDI restriction
It is reported that fixed telecommunications are not open to private parties to operate in and that approvals cannot be obtained for it given that the license has been restricted to the Libyan Post Telecommunications Information Technology Company (LPTIC).
Coverage Fixed-telecommunications sector
Sources
- https://security-legislation.ly/latest-laws/law-no-22-of-2010-on-communications/
- 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%D9%84%D8%A7%D8%AA%D8%B5%D8%A7%D9%84%D8%A7%D8...
- https://www.worldbank.org/en/research/brief/services-trade-restrictions-database
- https://lawsociety.ly/legislation/%d9%82%d8%b1%d8%a7%d8%b1-%d8%b1%d9%82%d9%85-823-%d9%84%d8%b3%d9%86%d8%a9-2013-%d9%85-%d8%a8%d8%aa%d9%82%d8%b1%d9%8a%d8%b1-%d8%a3%d8%ad%d9%83%d8%a7%d9%85-%d9%81%d9%8a-...
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LIBYA
Since July 2012, last amended in December 2013
Pillar Telecom infrastructure and competition |
Sub-pillar Maximum foreign equity share for investment in the telecommunication sector
Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya
According to Arts. 1 and 2 of Resolution No. 207-2012 on the Foreigners’ Participation and Foreign Companies’ Branches and Representative Offices in Libya, foreigners can only invest or operate in Libya through establishing joint ventures with Libyan nationals in the form of a joint stock company, provided that their paid-up capital is not less than one million dinars (approx. USD 207,400) upon incorporation or three-tenths of the subscribed cash capital. According to Art. 3, the share of foreigners in the capital of joint companies involved in any commercial activity should not exceed 49%. The share may be increased to 60% for particular reasons, based on a decision of the Minister of Economy. This also applies to the telecom sector, but with some limited exception. In particular, for certain areas listed in Art. 9, branches of foreign-owned companies may open in Libya only if the Minister of Economy provides approval (Art. 7). Among activities listed under Art. 9, there are telecommunications-related activities, including installing and maintaining telecommunications systems and stations and establishing and maintaining stations, towers, and antennas for wireless communications and air navigation stations.
Coverage Telecommunications sector
Sources
- https://ejraat.gov.ly/media/قرار%20رقم%20(207)%20لسنة%202012.pdf
- https://lawsociety.ly/legislation/%d9%82%d8%b1%d8%a7%d8%b1-%d8%b1%d9%82%d9%85-207-%d9%84%d8%b3%d9%86%d8%a9-2012-%d9%85-%d8%a8%d8%b4%d8%a3%d9%86-%d9%85%d8%b3%d8%a7%d9%87%d9%85%d8%a9-%d8%a7%d9%84%d8%a3%...
- https://www.state.gov/reports/2023-investment-climate-statements/libya/
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LIBYA
N/A
Pillar Telecom infrastructure and competition |
Sub-pillar Passive infrastructure sharing obligation
Lack of obligation to share passive infrastructure
There is no obligation for passive infrastructure sharing in Libya to deliver telecom services to end users, and it is not practiced in the mobile sector and in the fixed sector based on commercial agreements.
Coverage Telecommunications sector
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Effective protection covering trade secrets
Lack of regulatory framework covering trade secrets
Libya lacks a comprehensive regime for the protection of trade secrets.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Copyright Treaty
Lack of signature of the WIPO Copyright Treaty
Libya has not signed the World Intellectual Property Organization (WIPO) Copyright Treaty.
Coverage Horizontal
LIBYA
N/A
Pillar Intellectual Property Rights (IPRs) |
Sub-pillar Signature of the WIPO Performances and Phonogram Treaty
Lack of signature of the WIPO Performances and Phonograms Treaty
Libya has not signed the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty.
Coverage Horizontal