Guinea. Comprehensive data protection. Law

L/2016/037/ANLaw No. L/2016/037/AN of 28 July 2016 on cybersecurity and protection of personal data

In force

Partly verified

Medium confidence. DLA Piper reviewed 2021.

§1Summary

Synopsis

Guinea's combined cybersecurity and data protection law. It provides for declaration and authorisation of processing, but the supervisory authority is not yet in operation.

Key themes

declaration
authorisation
cybersecurity
direct marketing consent
cross-border transfers

Unique features

Direct marketing without prior written consent is a criminal offence (1-5 years, GNF 30m-200m); transfers need prior authorisation.

SaaS relevance

Marketing-tech SaaS used in Guinea should ensure prior written consent.

§2Obligations

Breach notification: None
DPO: No
Cross-border transfers: Equivalent protection plus prior authorisation
Maximum penalty: GNF 200m and 5 years (direct marketing)

§3Dates

Key dates

Adopted 28 July 2016
In force 2016
Implementing decree on filings not adopted; authority not yet established

§4Text and authority

Text

Authoritative text coursupreme.org.gn

Authority

Not yet established

§5Where it applies

Domestic law of: Guinea

§6Sources and verification

Sources consulted

Verification

Medium confidence.

Partly verified

Medium confidence. DLA Piper reviewed 2021.