Anti-Cyber and IT Crimes Law in Egypt

Written By - Hatem Ahmed Sayed, Senior Associate
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The New Anti-Cyber Crime Law no. 175/2018 (the “Law”) was issued to regulate the use of cyber technology in Egypt, also to guarantee the safe circulation of data through different networks.

The Law prohibits users from illegal practices of computers and information technology for the protection & control of government data and information, private life of individuals, electronic evidences; and other.

Cybercrime includes Phishing, Identity theft, Hacking, and Inciting terrorist acts.

Below are the most important highlights that govern the regulations of the Law in hand:

  1. Service Providers Obligations.
  2. The Enforceability & Evidence of this Law.
  3. Penalized acts.

Service Providers Obligations:

-Maintaining a record of the information system data for 180 consecutive days. This data can be used to identify:

  • The service user; and
  • The content of the Information Technology system (for the periods in which such data is under the control of the service provider).

-Maintaining and securing the stored data against hacking, damage, etc.

-Keeping the confidentiality of such data and refraining from disclosing it, unless a reasoned decision is issued by a Judicial Authority in this regard.

-Upon a court decision, Service Providers shall block suspicious websites or content. Failure to do so shall result in a penalty of 1-year imprisonment and/or a fine of EGP 500,000 as a minimum and EGP 1,000,000 as a maximum. In case of national security threat or death, the law states an aggravated penalty and a fine of EGP 3,000,000 as minimum and EGP 20,000,000 as maximum.

The Enforceability & Evidence of this Law:

Anti-Cyber Crime Law shall apply to non-Egyptians who commits a cybercrime outside the Arab Republic of Egypt, If:

-Such act is punishable in the country where it was committed;

-The crime is committed in any means of transportation registered with the Arab Republic of Egypt;

-The victim is an Egyptian citizen;

-The crime is committed in the Arab Republic of Egypt;

-The crime is committed by an organized criminal group carrying out criminal activities in more than one country, including the Arab Republic of Egypt; and

-The crime prejudice any of the citizens or residents of the Arab Republic of Egypt, its security or any of its interests inside or outside its territory.

Due to the nature of these crimes, it has been always difficult to provide admissible evidence before criminal courts, so the Law stated the possibility of giving such evidence enforceability in case-specific requirements are met, which will be set out clearly in the Law Executive Regulations.

Penalties:

Several penalties are stipulated as per the type of illegal act, including:

-Illegal usage of IT platforms or audio and video channel services, like (Spotify/Netflix).

-Intentional or unintentional usage of unauthorized sites or accounts.

-Intentional usage of technology to control others personal data or to link them with content contrary to public morality.

-Cybercrimes leading to the disturbance of public order or endangering the safety and security of the community.

Noting that any affiliates or associates in any of the crimes set out in this Law report the judicial or public authorities of these crimes before they are committed, shall be exempted from such penalties