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 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 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
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 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
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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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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