Cyber Law at Guinea-Bissau
Guinea-Bissau's cyber law framework is in its early stages, with ongoing efforts to develop comprehensive legislation and institutions to address cybersecurity, data protection, and cybercrime. Here's an overview of the current state:
🛡️ Cybercrime Legislation
The primary legal text concerning information society issues in Guinea-Bissau is Law No. 5/2010 (May 2010), which addresses telecommunications and internet governance However, it lacks specific provisions related to cybercrime The Penal Code (1993) also does not include cybercrime-specific offenses, focusing instead on general fraudulent activities and forgery.
🔐 Data Protection and Privacy
While the Constitution of Guinea-Bissau enshrines the right to privacy, there is no comprehensive data protection law in place. A draft data protection law has been proposed, aiming to establish a legal framework for personal data protection. The National Data Protection Authority (ANPD) is responsible for overseeing data protection matters, but enforcement challenges persist due to limited resources and public awareness.
🌐 Cybersecurity Framework
Guinea-Bissau's cybersecurity framework is still developing The National Regulatory Authority – Information and Communication Technology of Guinea-Bissau (ARN), established under Law No. 5/2010, is tasked with overseeing the country's top-level domain (.gw) and ensuring the security and stability of the domain name system (DS).
In October 2022, Guinea-Bissau hosted the ECOWAS CSIRT Week, focusing on enhancing cybersecurity cooperation and establishing a regional Computer Security Incident Response Team (CSIRT) to improve incident response capabilities across West Africa.
🧾 E-Commerce and Digital Transactions
Guinea-Bissau has made strides in developing a legal framework for e-commerce. The Law on Electronic Commerce outlines principles governing online business transactions, including electronic contracts, digital signatures, and data protection. The Law on Telecommunications regulates internet service providers and the overall management of telecom services, impacting e-commerce by ensuring robust infrastructure for online transactions .
🖼️ Digital Copyright
The Guinean Civil Code provides copyright protection for original works, including digital conet. Guinea-Bissau is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, ensuring international recognition of copyright protection.
💡 Recent Developments
In May 2024, Guinea-Bissau adopted blockchain technology to manage public sector salaries, aiming to enhance transparency, security, and efficiency in administrative and financial processes. This initiative is part of broader efforts to modernize state operations and improve governance
⚠️ Challenges and Outlook
Key challenges include the absence of comprehensive cybercrime legislation, limited enforcement capabilities, and low public awareness of data protection rights. However, ongoing initiatives such as the proposed data protection law, regional cybersecurity cooperation, and adoption of digital technologies indicate a commitment to strengthening the country's cyber law framework.
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