Algeria: Data protection law enters into force
The Algerian data protection authority (ANPDP) confirmed the entry into force, on August 10, 2023, of the Law Relating to the Protection of Individuals in the Processing of Personal Data. The Law applies to the processing of personal data by public bodies or private individuals:
- when it is carried out by a natural or legal person whose controller is established in Algeria or on the territory of a State whose legislation is recognized as equivalent to the Law; and
- when the controller is not established in Algeria but uses, for the purposes of processing personal data, automated or non-automated means located on Algerian territory, with the exception of processing which is only used for transit purposes on national territory.
However, certain activities are exempted from the application of the Law, such as processing carried out by a natural person in the context of their personal activities, provided that it is not intended for communication to third parties or for dissemination.
Notably, under the Law, data processing is subject to either:
- a prior declaration to the ANPDP; or
- the ANPDP's prior authorization.
In addition, the Law defines key terms, including 'data subject,' 'consent,' 'controller,' 'processor,' and 'genetic data,' and grants data subjects certain rights, namely the rights to information, access, rectification, and opposition. Moreover, the Law lays down rules on direct marketing, confidentiality and security, processing in the context of electronic communications, and cross-border data transfers. Both administrative and criminal sanctions may be imposed in case of infringement of the Law.