Law No. 18-05 of 24 Chaâbane 1439 corresponding to May 10, 2018 relating to electronic commerce | Algeria

The Algerian law n°18-05 of 10 May 2018, regulates e-commerce in Algeria, defining legal frameworks for online transactions, electronic contracts, and consumer rights. It applies to any electronic transaction involving an Algerian entity, whether by nationality, residence, or business registration.

The law defines key terms like ‘e-commerce,’ ‘electronic contract,’ ‘e-consumer,’ and ‘e-supplier.’ It sets regulations to ensure transparency and security in online transactions, including mandatory information disclosure by e-suppliers, such as tax ID, physical and electronic contact details, product information, and transaction terms. All e-commerce activities must be registered with the national commerce registry, and any website must use an Algerian domain (e.g. ‘.com.dz’).

It restricts the online sale of certain products, including gambling items, alcohol, tobacco, pharmaceuticals, intellectual property-sensitive products, and any goods that require formal documentation or pose risks to national security. Furthermore, specific rules govern cross-border transactions, stipulating that such transactions remain exempt from foreign exchange formalities below a certain threshold.

Electronic contracts must comply with national commercial standards and include essential clauses regarding product specifications, payment terms, delivery, and dispute resolution. The law mandates that e-suppliers provide an electronic contract copy, a detailed invoice, and options for contract termination, product return, or refund if conditions are not met. E-suppliers are responsible for ensuring secure connections for online payments through licensed platforms.

The law outlines responsibilities for data protection, requiring e-suppliers to only collect essential customer information with prior consent, ensuring data security in compliance with national regulations. Advertising standards require clear disclosure, prohibiting deceptive or offensive content.

Violations of this law are punishable by fines and may include suspension of the offending e-supplier’s website or removal from the commerce registry. The enforcement agencies have the authority to negotiate fines for minor infractions and enforce increased penalties for repeat offences. E-commerce entities active before this law’s publication had a six-month compliance period to align their operations accordingly.