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LAWS
Law n ° 18-05 of 24 Chaâbane 1439 corresponding to 10
May 2018 relating to electronic commerce.
————

Considering the law n ° 05-01 of 27 Dhou El Hidja 1425
corresponding to February 6, 2005, amended and supplemented,
on the prevention and fight against money laundering
money and terrorist financing;

The president of the Republic,

Considering the law n ° 08-09 of 18 Safar 1429 corresponding to 25
Having regard to the Constitution, in particular its articles 43, 46, 136, February 2008 on the code of civil procedure and
138, 140, 143 and 144;
administrative;
Considering the ordinance n ° 66-155 of June 8, 1966, modified and
completed, on the code of criminal procedure;
Considering the ordinance n ° 66-156 of June 8, 1966, modified and
completed, on the penal code;
Considering the ordinance n ° 75-58 of September 26, 1975, modified
and completed, bearing the civil code;
Considering the ordinance n ° 75-59 of September 26, 1975, modified
and completed, relating to the Commercial Code;

Considering the law n ° 09-03 of 29 Safar 1430 corresponding to the 25
February 2009, amended, relating to the protection of
consumer and the repression of fraud;
Considering the law n ° 09-04 of 14 Chaâbane 1430 corresponding
on August 5, 2009 laying down specific rules relating to
prevention and fight against offenses related to
information and communication technologies;

Considering the law n ° 79-07 of July 21, 1979, modified and
completed on the customs code;

Considering the law n ° 15-04 of 11 Rabie Ethani 1436 corresponding
on February 1, 2015 setting the general rules relating to
electronic signature and certification;

Considering the law n ° 84-21 of December 24, 1984 on the law of
finances for 1985, in particular its article 156, amended and
completed;

Considering the law n ° 15-13 of 28 Ramadhan 1436 corresponding
as of July 15, 2015 relating to activities and the book market,
in particular Articles 32 and 33;

Considering the law n ° 90-22 of August 18, 1990, modified and supplemented,
Considering the law n ° 18-04 of 24 Chaâbane 1439 corresponding to the
relating to the commercial register;
May 10, 2018 laying down the general rules relating to the post
Considering the ordinance n ° 96-22 of 23 Safar 1417 corresponding
on July 9, 1996, amended and supplemented, relating to the
repression of the infringement of the legislation and
regulation of foreign exchange and capital movements
from and to abroad;
Considering the ordinance n ° 03-03 of 19 Joumada El Oula 1424
corresponding to July 19, 2003, amended and supplemented,
relating to competition;
Considering the ordinance n ° 03-05 of 19 Joumada El Oula 1424
corresponding to July 19, 2003 relating to copyright
and neighboring rights;
Considering the ordinance n ° 03-07 of 19 Joumada El Oula 1424
corresponding to July 19, 2003 relating to patents
of invention;
Considering the ordinance n ° 03-11 of 27 Joumada Ethania 1424
corresponding to August 26, 2003, amended and supplemented,
relating to money and credit;
Considering the law n ° 04-02 of 5 Joumada El Oula 1425
corresponding to June 23, 2004, amended and supplemented, fixing
the rules applicable to commercial practices;
Considering the law n ° 04-08 of 27 Joumada Ethania 1425
corresponding to August 14, 2004, amended and supplemented,
relating to the conditions for carrying out activities
commercial;

and electronic communications;
After advice from the Council of State;
After adoption by Parliament;
Promulgates the law, the content of which follows:

TITLE I
GENERAL PROVISIONS
Article 1. - The purpose of this law is to set the
general rules on electronic commerce of
goods and services.
Art. 2. - Algerian law is applicable in matters of
e-commerce transactions in the event that one
of the parties to the electronic contract is:
- of Algerian nationality, or
- legally resides in Algeria, or
- a legal person under Algerian law, or
- if the contract is concluded or performed in Algeria.
Art. 3. - Electronic commerce is carried out in the
framework of the laws and regulations in force.

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However, any transaction by way of
electronic communications relating to:
- games of chance, betting and lotteries;

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Electronic advertising: any advertisement aimed at
direct or indirect to promote the sale of goods or
services by electronic communications.
Pre-order: sales commitment that can be
offered by the e-supplier to the e-consumer in case
unavailability of the product in stock.

- alcoholic drinks and tobacco;
- pharmaceutical products;
- products infringing property rights
intellectual, industrial or commercial;
- any good or service prohibited by the legislation in
vigor;

Domain name: standard alphanumeric string
registered at the level of the national register of names of
domain and which allows the electronic site to be identified and
to access.

- any good or service which requires an authentic instrument.
All transactions carried out through
electronic communications are subject to the rights and
taxes provided for by the laws and regulations in
force.

TITLE II
TRADE PRACTICES
ELECTRONIC
Chapter 1
Cross-border business transactions

Art. 4. - Investments intended to support
e-commerce activities can do
the subject of incentive measures, in accordance with the legislation
in force .
Art. 5. - Any transaction by way of
electronic communications of materials, equipment and
sensitive products defined by the regulations in force
as well as any other product and / or services that may bear
attack on the interests of national defense, order and
public safety.

Art. 7. - Sale by means of communications
electronic goods and / or service by a
e-supplier residing to an e-consumer established in a
foreign country is exempt from the formalities of
foreign trade and foreign exchange, when its value
does not exceed the dinar equivalent of the limit set by the
current legislation and regulations.
The proceeds of this sale must, after payment, be
charged to the account of the e-supplier domiciled in Algeria
from a bank approved by the Bank of Algeria, or
from Algeria Post.

Art. 6. - For the purposes of this law, the following terms are understood to mean:
The purchase by electronic communications of a
good and / or a digital service from Algeria by
Electronic commerce: activity by which a
an e-consumer with an e-supplier established in a
e-supplier offers or provides, to an e-consumer, to
foreign country and intended exclusively for personal use,
remotely and by electronic communications
is exempt from the formalities of foreign trade and
supply of goods and services.
changes when its value does not exceed the equivalent in dinars
of the limit set by the laws and regulations in
force.
Electronic contract : contract within the meaning of Law 04-02
of 5 Joumada El Oula 1425 corresponding to June 23, 2004
Coverage of electronic payment at
laying down the rules applicable to commercial practices,
title of this purchase, is insured from the currency account
concluded remotely without the simultaneous physical presence of
"Natural person" of the e-consumer domiciled in
parties by the exclusive use of a
Algeria.
electronic communication.
e-consumer: any natural or legal person who
acquires, for consideration or free of charge, a good or a service by
electronic communication channel to a
e-supplier for end use.

The conditions and modalities of application of this
article will be, as necessary, specified by way of
regulatory.
Chapter 2
Conditions for exercising electronic commerce

e-supplier: any natural or legal person who
markets or offers the supply of goods or
services by electronic communications.
Electronic means of payment: any instrument of
payment, authorized in accordance with the legislation in force,
allowing its holder to make payments of
proximity or distance through an electronic system.

Art. 8. - Electronic commerce activity is
subject to registration, as the case may be, in the commercial register
or the register of crafts and trades, and the publication
a site or a web page hosted in Algeria with a
extension ".com.dz".
The e-supplier's website must be equipped with the tools
allowing its authentication.

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Art. 9. - Is established at the national center of the register
of commerce a national file of registered e-suppliers
in the trade register or in the register of crafts and
trades.
The exercise of the activity of e-commerce is subordinated to the
registration of the domain name with the services of the center
national trade register.
The national file of e-suppliers is published by
electronic communications channel and made available
of e-consumers.
Chapter 3
Requirements for the business transaction
by electronic communications
Art. 10. - Any electronic commerce transaction
must be preceded by an electronic commercial offer
and formalized by an electronic contract validated by the
e-consumer.
Art. 11. - The e-supplier must present the offer
electronic commerce in a visible, legible and
understandable. It must include, without however
limit, the following information:
- tax identification number, addresses
physical and electronic as well as the telephone number
the e-supplier;
- the trade register number or the number of the
professional craftsman card;
- the nature, characteristics and price of the goods or
services offered with all taxes included.
- the state of availability of the good or service;
- the terms, costs and delivery times;

- the cost of using the means of communication
electronic when it is calculated on a basis other than the
rates in effect.
Art. 12. - Ordering a product or service
goes through three mandatory steps:
- the provision of the e-consumer,
contractual conditions so as to put it in a position
to contract knowingly;
- verification of the details of the order by the
e-consumer, in particular products or services
ordered, their total and unit price, the quantities
ordered in order to modify the order, to cancel it
or correct any errors;
- the confirmation of the order which leads to the
contract formation.
The choice made by the e-consumer must be
explicitly expressed.
The fields intended to be completed by the
e-consumer must not contain any data
intended to guide his choice.
Art. 13. - The electronic contract must include
including the following information:
- detailed specifications of the goods or services;
- the terms and conditions of delivery;
- warranty and after-sales service conditions;
- the conditions for terminating the electronic contract;
- the terms and conditions of payment;
- the terms and conditions for returning the product;
- the methods of processing complaints;

- the general conditions of sale, in particular the
information relating to the protection of personal data
staff ;

- the conditions and modalities of pre-order, if
appropriate;

- the commercial and service warranty conditions
after-sales;

- the specific terms and conditions related to the sale
test, if applicable;

- the method of calculating the price, when it cannot be
fixed in advance;

- the competent court, in the event of a dispute,
in accordance with the provisions of article 2 above;

- the terms and procedures of payment;
- the conditions for terminating the contract, if applicable;
- a complete description of the different stages
execution of the electronic transaction;
- the duration of the offer, if applicable;
- the conditions and time limits for withdrawal, if
appropriate;
- the method of confirming the order;
- the delivery time, the price of the product subject to the
pre-order and how to cancel the
pre-order, if applicable;
- the method of return of the product, exchange or
refund ;

- the duration of the contract as the case may be.
Art. 14. - In the event of non-compliance, by the e-supplier,
the provisions of Article 10 or the provisions of
Article 13 above, the e-consumer can request
cancellation of the contract and request compensation for the
sustained prejudice.
Art. 15. - The pre-order cannot be subject to a
payment only when the product is available in stock.
As soon as the product is available, the pre-order will be
tacitly transforms into a validated order.
Without prejudice to the right of the e-consumer to repair,
the e-supplier must refund the price, if the payment has
carried out before the product is available in stock.

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Chapter 4
Obligations of the e-consumer
Art. 16. - Unless otherwise stipulated in the
electronic contract, the e-consumer is required to pay the
price agreed in the electronic contract upon conclusion.
Art. 17. - Upon actual delivery of the product or upon
provision of the service covered by the electronic contract, the
e-supplier must require the e-consumer to accuse
reception.
The e-consumer cannot refuse to sign the acknowledgment
reception.
A copy of the acknowledgment of receipt is mandatory
delivery to the e-consumer.
Chapter 5
Obligations and responsibilities of the e-supplier
Art. 18. - After conclusion of the electronic contract, the
e-supplier is fully responsible for the
e-consumer for the proper performance of obligations
resulting from this contract, that these obligations are to be performed
by itself or by other service providers, without
prejudice to its right of recourse against them.
However, he can exempt himself from all or part of his
liability by providing proof that the non-performance or
poor performance of the contract is attributable either to
e-consumer or a case of force majeure.
Art. 19. - Upon conclusion of the electronic contract, the
e-supplier is required to send the e-consumer a
electronic copy of said contract.
Art. 20. - Any sale of product or service
through electronic communications gives rise to
the establishment, by the e-supplier, of an invoice, remittance
to the e-consumer.
The invoice must be drawn up in accordance with the legislation
and the regulations in force.
The e-consumer can request the invoice in the form of
paper.
Art. 21. - When the e-supplier delivers a product or
service not ordered by the e-consumer, it cannot
demand payment of its price or delivery costs.

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In this case, the e-supplier must return to the
e-consumer the amount paid and the related expenses
upon return of the product, within fifteen (15) days, at
from the date of receipt of the product.
Art. 23. - The e-supplier must take back his goods,
in the event of delivery of an item that does not comply with the order
or in the case of a defective product.
The e-consumer must reship the goods within
its original packaging, within a maximum of four (4)
working days, from the actual delivery date,
indicating the reason for refusal, the costs being borne by the
e-supplier.
The e-supplier is required to do:
- a new delivery in accordance with the order, or
- repair of the defective product, or
- an exchange of the product for an identical one, or
- a cancellation of the order and a refund
of the sums paid, without prejudice to the possibility of
repair request by the e-consumer, in the event of
damage suffered.
Reimbursement must be made within fifteen
(15) days, from the date of receipt of the product.
Art. 24. - The e-supplier must not validate the
order a product not available in stock.
Art. 25. - Any e-supplier is required to keep the
records of commercial transactions carried out as well as
their dates and send them electronically to the
national center of the commercial register.
The methods of application of the provisions of this
article are defined by regulation.
Art. 26. - The e-supplier who collects data from
personal character and constitutes files of customers and
prospects should only collect the data necessary for the
conclusion of commercial transactions. He must :
- obtain the agreement of e-consumers beforehand
data collection;
- guarantee the security of information systems and
data confidentiality;
- comply with legislative provisions and
applicable regulations.
Data storage and security methods
of a personal nature are defined in accordance with the
current legislation and regulations.
Chapter 6

Art. 22. - In the event of non-compliance by the e-supplier with
delivery times, the e-consumer can reship the
product as is within a period not exceeding four (4) days
working days, from the date of actual delivery of the
product, without prejudice to his right to claim the
repair of the damage.

Payment of electronic transactions
Art. 27. - Payment for commercial transactions
electronic is carried out, remotely or upon delivery of the
product, by means of payment authorized in accordance with
to the legislation in force.

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When payment is electronic, it is made through
dedicated payment platforms, set up and
operated exclusively by banks approved by the
Bank of Algeria and Algeria Post and connected to all types
of electronic payment terminal via the network of
the public telecommunications operator.
Payment for commercial transactions
cross-border operations are carried out exclusively remotely by
electronic communications.
Art. 28. - The connection of the e-supplier's website to
an electronic payment platform must be secure
through an electronic certification system.
Art. 29. - Electronic payment platforms
established and operated in accordance with Article 27 above,
are subject to the control of the Bank of Algeria for
ensure that they meet the interoperability requirements,
confidentiality, integrity, authentication, and
data exchange security.
Chapter 7
Electronic advertising
Art. 30. - Without prejudice to legislative provisions and
regulations in force applicable in this area, any
advertisement, promotion or message of nature or purpose
commercial through electronic communications must
meet the following requirements:
- be clearly identifiable as a message
commercial or advertising;
- make it possible to clearly identify the person for the
account of which the message was designed;
- must not undermine good morals and order
public;
- clearly identify whether this commercial offer
includes a discount, bonuses or gifts, in the case
a commercial, competitive or promotional offer;
- ensure that all the conditions to be fulfilled for
benefit from the commercial offer, are neither misleading nor
ambiguous.
Art. 31. - Direct prospecting by sending is prohibited
message by electronic communications
using, in whatever form, the contact details
of a natural person who has not expressed his
prior consent to receive direct surveys
by this way.
Art. 32. - The e-supplier must implement a
electronic process allowing any person to express
his will, without charge or indication of reasons, no longer
receive, from him, advertisements by way of
electronic communications.

The e-supplier concerned is required:
- to issue an acknowledgment of receipt by
electronic communications confirming to this person
registration of their request;
- to take the necessary measures to respect its
will and this within 24 hours.
Art. 33. - In the event of a dispute, it is the responsibility of the e-supplier
to demonstrate that the sending of advertisements by way of
electronic communications has been the subject of
prior and free consent and that the conditions
Article 30 above, were met.
Art. 34. - The dissemination of any advertising or
promotion by electronic communications of any
product or service marketed through
electronic communications is prohibited by law
and the regulations in force.
TITLE III
OFFENSES AND SANCTIONS
Chapter 1
Control of e-suppliers and recognition
offenses
Art. 35. - The e-supplier is subject to legislation and
the regulations in force governing the activities
commercial and consumer protection.
Art. 36. - In addition to police officers and agents
judicial procedures provided for by the Code of Criminal Procedure are
empowered to record violations of the provisions of
this law, personnel belonging to the specific body
control coming under the administration responsible for
trade.
The methods of checking and recording infringements
provided for by this law intervene in the same
forms than those fixed by legislation and
regulations in force, in particular those applicable to
commercial practices, under the conditions for exercising
commercial activities, consumer protection and
to the repression of fraud.
The e-supplier is required to provide authorized agents
note the infringements, free access to the history of
business transactions.
Chapter 2
Offenses and penalties
Art. 37. - Without prejudice to the application of more penalties
severely provided for by the legislation in force, is punishable by
fine of 200,000 DA to 1,000,000 DA, anyone who puts in
sale or sale by electronic communications,
products or services referred to in article 3 of this law.
The judge may order the closure of the website for a
duration ranging from one (1) month to six (6) months.

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Art. 38. - Without prejudice to the application of penalties
more severe provided for by the legislation in force, is
punished by a fine of 500,000 DA to 2,000,000 DA, any
infringement of the provisions of article 5 of this law.
The judge may order the closure of the website and the
deletion from the commercial register.
Art. 39. - Is punished by a fine of 50,000 DA to
500,000 DA, any e-supplier who violates one of the
obligations provided for in Articles 11 and 12 of this

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Art. 45. - Without prejudice to the rights of victims to
repair, the administration responsible for the protection of
consumer is empowered to deal with people
prosecuted for the offenses provided for by this law.
The agents provided for in article 36 of this law are
required to propose a transaction fine to
offenders.
The transaction is excluded in the event of a repeat or
of offenses provided for in Articles 37 and 38 of this
law.

law. Its access to any electronic payment platform
may be suspended, on injunction of the court seised,
for a period not exceeding six (6) months.
Art. 40. - Without prejudice to the rights of victims to
repair, is punishable by a fine of 50,000 DA to
500,000 DA any violation of the provisions of articles 30,
31, 32 and 34 of this law.
Art. 41. - Is punished by a fine of 20,000 DA to
200,000 DA any e-supplier who does not respect the
provisions of article 25 of this law.
Art. 42. - The body empowered to assign the names of
domains in Algeria proceeds, by decision of the Ministry of
trade, systematically with the suspension of
registration of domain names of any person
physical or moral, established in Algeria, which offers
supply of goods or services by way of
electronic communications without prior registration to
the commercial register.

Art. 46. ​- The amount of the transaction fine is
minimum amount of the fine provided for by the provisions
of this law.
In the event that an e-supplier accepts the fine of
transaction, a 10% reduction is granted by
the authorized administration.
Art. 47. - Services coming under the administration of
commerce notify the offending e-supplier in a
period not exceeding seven (7) days, from the date
establishment of the report, an order for payment by
all appropriate means with acknowledgment of receipt,
mentioning the identity of the e-supplier, his email address, the
date and reason for the offense, reference to the text (s)
reference and the amount of the fine imposed as well as the
terms and conditions of payment.
In the absence of payment of the transaction fine or if the
offender does not comply with the law and
regulations in force within forty-five
(45) days, the report is sent to the court
competent.

This suspension remains in effect until the situation
of this website is regularized.
Art. 43. - Without prejudice to legislative provisions and
regulations in force, when the e-supplier commits,

Art. 48. - The amount of the fine is doubled by
case of recurrence within a period less than or equal to twelve (12)
month of the date of the sanction relating to the previous one
offense.

while carrying out his activity, offenses punishable by
local closure penalties within the meaning of the legislation
relating to the exercise of commercial activity, it will be

TITLE IV
TRANSITIONAL AND FINAL PROVISIONS

the suspension of the registration of the domain names of the
e-supplier, as a precaution, by the body authorized to
assign domain names in Algeria by decision of the
Department of Commerce.
The duration of the suspension of the website domain name
as a precaution cannot exceed thirty (30) days.
Art. 44. - Any infringement of the provisions of article 20
of this law is punished in accordance with the provisions

Art. 49. - Natural and legal persons exercising
e-commerce on the date of publication of the
this law, are required to comply with its provisions,
within a period not exceeding six (6) months.
Art. 50. - This law will be published in the Official Journal
of the People's Democratic Republic of Algeria.
Done in Algiers, 24 Chaâbane 1439 corresponding to May 10
2018.

of the law n ° 04-02 of 5 Joumada El Oula 1425 corresponding
on June 23, 2004, aforementioned.

Abdelaziz BOUTEFLIKA.

