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Algeria

Summary

Law: Law No. 18-07 of 25 Ramadhan 1439 Corresponding to June 10, 2018 Relating to the Protection of Individuals in the Processing of Personal Data (only available in French here) (Law No. 18-07)

Regulator: Algerian data protection authority (ANPDP)

Summary: Law No. 18-07 entered into force on August 10, 2023, establishing general personal data protection requirements such as express consent, data processing notifications, data subject rights, and restrictions on direct marketing and data transfers. Notably, Law No. 18-07 provides for significant penalties including potential imprisonment for a period ranging between two to five years. The ANPDP was established in 2022 by means of Presidential Decree No. 22-187 of 18 May 2022, but so far, the ANPDP has not had significant actions and there is little information released publicly on the enforcement of data protection or official guidance on compliance in Algeria.

In addition, an e-commerce law was also enacted in 2018, Law No. 18-05 of 24 Chaâbane 1439 corresponding to May 10, 2018, relating to electronic commerce (only available to download in French here) (Law 18-05). Law 18-05 sets out obligations related to advertising through electronic means.

Insights

In an age defined by rapid technological advancements, the imperative to fortify data protection measures has become increasingly evident. For Algeria, a country on the cusp of significant digital transformation, the legal infrastructure governing data protection is a critical aspect of ensuring the responsible use and safeguarding of sensitive information. Hakim Berrah, from Clyde & Co LLP, delves deeper into the current legal landscape of data protection in Algeria, exploring the challenges it faces and the legal initiatives undertaken to address these issues.